New salary threshold of £38,700

The UK government announced today that they want to raise the minimum salary requirement for family visa from 18k to 38k.

Do you think it will actually become law or is there a chance this won't make it through? I have never earned 38k in my life...

It is for the skilled worker visa route and NOT the family Appensix FM route!!

The media articles clearly states the visa route it applies to.

CR001 wrote: ↑

Mon Dec 04, 2023 6:35 pm

It is for the skilled worker visa route and NOT the family Appensix FM route!!

The media articles clearly states the visa route it applies to.

Media articles mention family route as well - https://news.sky.com/story/tougher-visa ... t-13022936

Family visas: The minimum threshold for a family visa will also be raised to £38,700 to "ensure people only bring dependants whom they can support financially". Currently, it stands at the 2012 rate of £18,600;

Wow!!

Articles i have seen only reference skilled worker. Will read more when i get home.

I saw the announcement live:

"Fourthly, we will ensure that people only bring dependants who they can support financially by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which £38,700."

But back to the original question please, do you think there is a chance this may not become law? Me and my kid we are British but my wife isn't. I have never earned such huge amount of money in my life. At this level, such stringent requirements are actually human rights abuse.

marsupilami wrote: ↑

Mon Dec 04, 2023 7:04 pm

I saw the announcement live:

"Fourthly, we will ensure that people only bring dependants who they can support financially by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which £38,700."

But back to the original question please, do you think there is a chance this may not become law? Me and my kid we are British but my wife isn't. I have never earned such huge amount of money in my life. At this level, such stringent requirements are actually human rights abuse.

I feel your pain as I too have never earned such annual income. I suspect this kind of puts the Cat amongst the Pigeons for many.

In the event it does become law (and I have little reason to doubt it) I sincerely hope there are grounds to overturn.

What a way to treat your own Citizens who happen to marry a foreigner!!

marsupilami wrote: ↑

Mon Dec 04, 2023 7:04 pm

do you think there is a chance this may not become law?

Unlikely that it will not become law. That is to say, that if the government is so minded, it will be done.

Keep in mind that the Minimum Income Requirement is a part of the Immigration Rules, which is in the power of the Home Secretary to update as and when they are so minded. They are subject to the negative Statutory Instrument procedure, which means that they become law unless one of the two Houses of Parliament votes against it. The Commons never votes down Statutory Instruments, because the government has a built-in majority, and the Lords very rarely do (7-8 times since WWII).

There was a court case about the Minimum Income Requirement that had gone through the courts to the UK Supreme Court in 2017. And the UKSC had sided with the government that a minimum income requirement is a valid means of implementing a public policy (reducing immigration).

It may be possible for another lawsuit to argue that the increase is excessive. But I would certainly expect an increase of some sort.

I was fully expecting an increase of perhaps £24-25,000 to keep up with inflation, given that the MIR had not been increased since its introduction in 2012. Jumping it by more than double comes across as a tad unnecessarily harsh.

PS: "Sky News understands that Labour is not planning to object to any of the measures announced today, if they require a vote in parliament."

That does not surprise me, because Labour will have to keep at least as harsh a line on immigration as the current government for the next couple of years so that the Tories don't paint them as the party of open borders during the General Election.

PPS: It seems that the changes are due to come into effect "in the spring". So for a start, those with families abroad have the time to plan and start immigration processes urgently.

My wife (same sex marriage under British law )is from Philippines (I have dual citizenship British/Polish). Next year should be her ILR application. She works and our combined income would cover potential 38700 cap. If she wouldn't be already in UK and had job I couldn't match that new amount. I know it's immigration forum and not political one but current government is cut off from reality and working labour class. I hope that this new proposal will never go live as it's totally outrageous and inhuman. For people like us (sex same marriage - under Philippines law and Polish law we are unmarried and UK is the only place we can have a normal life) that 38700 is a game over to have possibility to have a family. I'm literally outraged and disgusted. Sorry for my rant but I had to vent it out.

The income threshold increase from £18,600 to the proposed £38,700 is certainly excessive, it's more than a 100% increase!

I only can imagine that this new threshold would be revised and lowered, but it's almost certain that an increase will happen next year. These new measurements also have - to some extension - wide support from the Labour party. Basically there's little political opposition for the proposed changes to become effective.

Hi,

Just saw the news today regarding spouse visa. My wife's on course to ILR (I'll apply on Aug 2024). Currently, it's £18,600 but government now announced £38,700?? Does this apply for ILR or just new spousal/family visa applications?

I know the news is early and new but kinda stressed. Please let me know. Thanks.

@Radkot, assuming that you are a Polish citizen who naturalised as a British citizen, your wife and you will likely be protected by the EU Withdrawal Agreement anyway.

rayghor wrote: ↑

Mon Dec 04, 2023 8:18 pm

Hi,

Just saw the news today regarding spouse visa. My wife's on course to ILR (I'll apply on Aug 2024). Currently, it's £18,600 but government now announced £38,700?? Does this apply for ILR or just new spousal/family visa applications?

I know the news is early and new but kinda stressed. Please let me know. Thanks.

ILR is also subject to salary threshold if via the spouse visa/5 years route but not the 10 years route, I think.

marsupilami wrote: ↑

Mon Dec 04, 2023 8:30 pm

rayghor wrote: ↑

Mon Dec 04, 2023 8:18 pm

Hi,

Just saw the news today regarding spouse visa. My wife's on course to ILR (I'll apply on Aug 2024). Currently, it's £18,600 but government now announced £38,700?? Does this apply for ILR or just new spousal/family visa applications?

I know the news is early and new but kinda stressed. Please let me know. Thanks.

ILR is also subject to salary threshold if via the spouse visa/5 years route but not the 10 years route, I think.

This is purely guessing. No one can say for certain what the rules when be, if implemented. When rules changes occurred in 2012, the applied only to new applications and not those on existing spouse visas under the old rules.

I was literally just applying for my SET-M and saw this news. When does this come into force?

toesfingers wrote: ↑

Mon Dec 04, 2023 9:14 pm

I was literally just applying for my SET-M and saw this news. When does this come into force?

It was only announced as potential changes today. There is a whole process the rule changes have to go through before implemented likely before the summer next year!

It does NOT affect you.

toesfingers wrote: ↑

Mon Dec 04, 2023 9:14 pm

I was literally just applying for my SET-M and saw this news. When does this come into force?

In the spring, according to the statement in the Commons.

This is really worrying.

my wife just received her further leave to remain and will be applying for ILR next time.

Will this also affect people who are already in the UK on spouse visa ?

I know the full details are not out yet but could it follow the same thing that happened in 2012 where people who applied after June 2012 only had to cover the income threshold ?

Scout209 wrote: ↑

Mon Dec 04, 2023 10:13 pm

Will this also affect people who are already in the UK on spouse visa ?

We don't know. This was merely a policy statement in the Commons. The rules will likely take a few weeks to months to be drafted and published. They are expected to take effect "in the spring".

When the Minimum Income Requirement was introduced in 2012, it only applied to people who were starting their immigration journey (i.e. not to those who were already in the UK on the relevant visas). We can presume (but can't be certain of course) that the same approach will likely apply this time too.

toesfingers wrote: ↑

Mon Dec 04, 2023 9:14 pm

I was literally just applying for my SET-M and saw this news. When does this come into force?

Expected from spring 2024

https://www.gov.uk/government/news/home ... -migration

Absolutely disgusting government, not to mention preventing health care workers bringing their children. Ashamed to be British.

meself2 wrote: ↑

Mon Dec 04, 2023 6:41 pm

CR001 wrote: ↑

Mon Dec 04, 2023 6:35 pm

It is for the skilled worker visa route and NOT the family Appensix FM route!!

The media articles clearly states the visa route it applies to.

Media articles mention family route as well - https://news.sky.com/story/tougher-visa ... t-13022936

Family visas: The minimum threshold for a family visa will also be raised to £38,700 to "ensure people only bring dependants whom they can support financially". Currently, it stands at the 2012 rate of £18,600;

You’re correct. It’s for both routes. Specifically mentions Family route. My husband works for the DWP and he says that the aim is to stop immigrants from claiming benefits as soon as they are here.

blondesafari wrote: ↑

Tue Dec 05, 2023 8:03 am

meself2 wrote: ↑

Mon Dec 04, 2023 6:41 pm

CR001 wrote: ↑

Mon Dec 04, 2023 6:35 pm

It is for the skilled worker visa route and NOT the family Appensix FM route!!

The media articles clearly states the visa route it applies to.

Media articles mention family route as well - https://news.sky.com/story/tougher-visa ... t-13022936

Family visas: The minimum threshold for a family visa will also be raised to £38,700 to "ensure people only bring dependants whom they can support financially". Currently, it stands at the 2012 rate of £18,600;

You’re correct. It’s for both routes. Specifically mentions Family route. My husband works for the DWP and he says that the aim is to stop immigrants from claiming benefits as soon as they are here.

Family members on a Spouse Settlement Visa have no access to Public Funds. i.e benefits

You people really need to get out of this slave mentality, you are letting them walk all over you. A massive non compliance movement is needed, the government is under direct control of the deep state, please research. The unions are in the right direction, we have to do it on a large scale, wake up people. Show them that the people are actually in power!

FXR_1340 wrote: ↑

Mon Dec 04, 2023 7:27 pm

marsupilami wrote: ↑

Mon Dec 04, 2023 7:04 pm

I saw the announcement live:

"Fourthly, we will ensure that people only bring dependants who they can support financially by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which £38,700."

But back to the original question please, do you think there is a chance this may not become law? Me and my kid we are British but my wife isn't. I have never earned such huge amount of money in my life. At this level, such stringent requirements are actually human rights abuse.

I feel your pain as I too have never earned such annual income. I suspect this kind of puts the Cat amongst the Pigeons for many.

In the event it does become law (and I have little reason to doubt it) I sincerely hope there are grounds to overturn.

What a way to treat your own Citizens who happen to marry a foreigner!!

Having had time to digest this inhuman increase, on a personal level it requires considerable thought.

I have a job offer from NHS Scotland, even with my salary plus other income I still would not meet £38k. I guess its back to the Drawing Board for me

Just heard the news this morning, while my income is only £35,000 the wife also earns £28,000 but is self employed. We will be applying for ILR in the summer of 2024. On a scale of 1/10 - How worried do we need to be?