27 Mar New Changes set out for the financial requirement under Appendix FM
The new Statement of Changes HC590 published on 14 March 2024 sets out the changes to the Immigration Rules, which will take effect in April 2024. It is important to note that the minimum income threshold has remained unchanged for over a decade, but according to the Home Office this no longer reflects the income level necessary for a family to be self-sufficient without relying on public funds. As a result, the change now imposes a minimum income requirement in the amount of £29,000 for new applicants to the routes, representing the 25th percentile of earnings for jobs eligible for Skilled Worker visas.
Moreover, there will no longer be a separate “child element” to the added to the minimum income meaning that any children will not require an additional amount of funds beyond the new threshold. This change aims to ensure that British nationals are not treated less favourably than migrants who are required to meet the General Skilled Worker’s salary threshold as a flat rate, regardless of any children being sponsored alongside the main applicant.
Under the financial requirement section, the Rules applicable on or after 11 April 2024 now read as follows:
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of:
(a) a specified gross annual income of at least £29,000
(b) specified savings of:
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph ELTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3. being met, unless paragraph EX.1. applies.
As mentioned above, no additional amount of money is required for children, which means that regardless of the number of children in the family, you only need to satisfy the minimum annual income of £29,000.
Applicants, who submitted their first application as a fiancé(e), proposed civil partner, or as a partner before 11 April 2024 and were granted permission on the five-year route to settlement, will be exempt from the new threshold when making a further leave to remain and ILR applications under the family route. Instead, transitional arrangements will apply, consistent with the Rules in force prior to the introduction of the changes.
E-LTRP.3.5. A person who has permission as a partner on the five year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of application, must meet the transitional financial requirement at E-LTRP.3.7. if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful.
E-LTRP.3.6. To fall within E-LTRP.3.5. the applicant must be applying for permission to stay with the same partner for which they were last granted permission. Those applying for permission to stay with a new partner must meet the financial requirement at E-LTRP.3.1. to E-LTRP.3.4
E-LTRP.3.7. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of:
a) a specified gross annual income of at least:
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii)an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of:
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph ELTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.7.(a); or
(c) the requirements in paragraph E-LTRP.3.3. being met, unless paragraph EX.1. applies.
For a child of a parent with limited leave to remain applying for further leave to remain in the UK, unless their parent is subject to E-LTRP.3.5, which means they submit the application under Appendix FM either as a spouse, fiancé(e), or proposed civil partner before 11 April and their applications are successful, they only need to meet the transitional financial requirements of £18,600, as stated in E-LTRC 2.5.
E-LTRC.2.5. Where a parent of the applicant has, or is applying or has applied for, entry clearance or leave to enter or limited leave to remain as a partner under this Appendix, and that parent meets the requirements of E-LTRP.3.5. the applicant must provide specified evidence, from the sources listed in paragraph E-LTRC.2.2., of:
a) a specified gross annual income of at least:
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii)an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of:
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times (or if the parent is applying for indefinite leave to remain 1 times) the amount which is the difference between the gross annual income from the sources listed in paragraph ELTRC.2.2.(a)-(f) and the total amount required under paragraph E-LTRC.2.5.(a); or
(c) the requirements in paragraph E-LTRC.2.3. being met
The Home Office can exercise discretion to protect the welfare of children and as result, applicants who are not able to meet the income requirement might still be granted leave under the 10-year route to settlement in the following circumstances:
- there are insurmountable obstacles to family life with their partner continuing outside the UK;
- it would not be reasonable for their child to leave the UK;
- or there are exceptional circumstances that would render refusal of the application a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family.
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