Wrapping my head around Spouse Visa

[narrative321]

I'm researching the spouse visa for my wife, and I gather I must make £29,000 anum. Ok fine. But people on the dole (PIP) can apparently have this financial requirement waived off, and EU citizens pay nothing at all. Am I missing something here?

[alterhase58]

If an EU spouse falls under the EU Withdrawal Agreement then they can apply for an EU family permit - which is not regulated by UK Immigration regulations.
If they don’t qualify Under the WA they have to apply for a spouse visa under UK regulations. it’s not a free for all. The WA protects certain EU legacy rights of EU citizens resident in the UK, which the UK agreed with the EU.

[secret.simon]

people on the dole (PIP) can apparently have this financial requirement waived off

Firstly PIP is not that easy to get onto. You need to prove a long-term disability to get PIP.

Secondly, it is not the dole (unemployment benefits). People on unemployment benefits still need to meet the same salary requirements as other British citizens, by getting a job or jobs.

Thirdly, while they don't need to the Minimum Income Requirement, people on PIP still need to meet the adequate maintenance and accommodation financial requirements. It isn't a free ride for them.

EU citizens pay nothing at all

It is narrower than that.

The EU citizen needs to have started living in the UK before 31st December 2020. Later arrivals are not covered by the Withdrawal Agreement.

And even for those EU citizens, the free spouse sponsorship only applies to those who were already married before that date. It does not apply even to spouses who marry settled/pre-settled EU citizens after 31st December 2020.

Spouses of pre-settled/settled EU citizens whose durable relationship/marriage started after 1st January 2021 need to meet the same income requirements as British citizens.

In other words, it only preserves the rights of those EU citizens and their spouses who already had rights under EU law before Brexit.