Navigate UK Spouse Visa Exemptions in 2024

Moving abroad to live with your spouse is an exciting and hopeful journey that naturally has some obstacles. Making your way through the complicated visa application procedure is one of these challenges, especially if you’re looking for a UK spouse visa.

The financial requirements for the UK spouse visa are expected to rise significantly starting in the spring of 2024, as per a government declaration made in December 2023. The increased standard will be applicable to all new applications for spouse visas, including extensions, although it will not be applied retroactively. When additional details on the modification become available, we will provide them, along with the date of implementation.

Proof that you fulfil the financial requirements for a UK spouse visa:

In reality, there are several methods by which you can meet the financial prerequisite for a spouse visa, such as:

• Income from lawful employment, obtained for at least six months prior to the application, from the sponsor’s spouse outside the UK as well as from the sponsor in the UK.
• Non-employment income includes things like dividends or income from stocks, shares, and real estate rentals, as well as child support. Funds from a state (UK or overseas), business, or personal pension in your name or your spouse’s.
• Bereavement benefits or maternity allowances earned in the United Kingdom. Benefits related to income will not be deducted from the required amount of funds.
• £16,000 or more in cash savings that you or your spouse have owned for a minimum of half a year. To reach the required minimum income, this can be paired with a few more sources of revenue.

Notably, a couple can only rely on combined incomes if they are both already in the UK.

Exemptions from financial requirements for UK spouse visa:

By providing proof of “adequate maintenance,” you may be able to skip the financial criteria for spouse visas if your spouse receives specific perks or allowances from the UK. It includes:

• Allowance for Carers
• Disability Living Allowance
• Severe Disability Benefit
• Benefit for Industrial Injuries Disability
• Participation Permission
• Payment for Personal Independence
• Guaranteed Income Payment or Armed Forces Independence Payment under the Armed Forces Compensation Plan.
• War Disability, Mobility Supplement, or Constant Attendance Allowance
• Income from the War Pensions Programme
• Pension for Police Injuries

However, it would help if you also showed that you and your spouse can support and house themselves, as well as any dependents, comfortably in the UK without any government assistance.

After I satisfy the financial requirements for spouse visas, will I be able to take leave?

You could be eligible to stay in the UK for up to 2.5 years if you meet the financial requirements for spouse visas. After that, you’ll have to apply to stay longer. You must first complete the remaining requirements for qualifying, which include demonstrating your command of the English language.

The earliest you can apply to settle is after you have been in the UK for five years straight after being permitted to stay.

What happens if I can’t afford the UK spouse visa requirements?

You might still be allowed to apply for a visa or extend your stay if you don’t match the financial requirements for spouse visas if:

• It would be irrational for your child, who is a British citizen or has been in the country for seven years, to leave the country.
• If you and your spouse lived together as a couple outside of the UK, there would be severe and insurmountable challenges.
• In certain rare cases, it may be considered a violation of your human rights for your application to be rejected.

Here, it may be examined explicitly if the minimum income criterion is satisfied in the event that other reputable and trustworthy sources of income, financial assistance, or cash at your disposal are taken into account.

Additional spouse visa requirements:

You must fulfil the remaining eligibility conditions in addition to the financial ones in order to apply for a spouse visa. You and your companion must be at least eighteen years old. Moreover, your companion needs to be either:

• They currently live in the UK and hold either a permanent residency card or indefinite leave to remain.
• In the UK, it is under humanitarian protection or with refugee leave.

Conclusion:

You must meet the financial requirements for spouse visas in order to apply for a visa to live in the UK with the spouse of your choice or civil partner. There is a lot on the queue, so this process can quickly get complicated. As an expert spouse visa solicitor, we work directly with people to offer advice and assistance with Home Office applications, including those for spouse visas. Get in touch with My Legal Services for guidance on your eligibility and application for a UK spouse visa.

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