Home Office U-Turn keeps mixed-nationality families guessing

The Home Office continues to keep mixed-nationality families on tenterhooks with further clarifications and changes to its five-point plan on immigration, published in a factsheet on 21 December 2023.

In an announcement made in the House of Commons on 4 December 2023, the Home Secretary initially stated British citizens and settled persons would need to earn at least £38,700 by spring 2024 if they wanted to be able to sponsor a partner or spouse to join them in the UK.

The Home Office now appears to be walking back its proposed plan to increase the minimum income threshold from £18,600 to £38,700 in spring 2024. 

According to the latest factsheet, the proposed increase in the minimum income threshold will now be done incrementally, rising to £29,000 in spring 2024, then moving to £34,500, and then £38,700 at a later date, yet to be announced. The separate child element to the minimum income requirement will also be removed. 

The factsheet confirms that the increase will not apply to those who already have a visa on the five-year partner route or those who apply before the minimum income threshold is raised. This will also be the case for children seeking to join or accompany their parents. This means, presumably, that the current threshold of £18,600 will still apply when it comes time for visa renewal.  

Anyone “granted” a fiancé(e) visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route. It is unclear whether the use of the word “granted” was intentional here or if the idea was to also include those who “submit” their fiancé(e) visa applications prior to the increase coming into force. 

Those already in the UK on a different route who apply to switch to the five-year partner route after the minimum income requirement has increased, will be subject to the new income requirement. 

Full details of transitional provisions are to be announced in 2024 alongside further policy details. 

Takeaway

While the most recent announcement will largely come as a relief to many families, this appears to be yet another in a series of announcements designed to walk back previously published policies. 

Those wishing to apply to bring a loved one to the UK are advised to seek advice at the earliest opportunity with a view to applying prior to spring 2024, when the first changes are likely to take effect. 

Should you require immigration advice in relation to the proposed changes or any immigration, asylum or nationality matter please be in touch with Elizabeth or Ashley at elizabeth.basi@harpermacleod.co.uk or ashley.fleming@harpermacleod.co.uk.