Get UK Family Visa: Income Requirements, Eligibility and Application Process

Bringing your family together in the UK is a significant milestone, and the UK Family Visa is the pathway to achieving this dream. However, the application process can be complex, with specific requirements regarding income, eligibility, and documentation that must be meticulously met.

This comprehensive guide is designed to demystify the UK Family Visa, breaking down the essential criteria you need to understand. We’ll walk you through who is eligible, the critical income thresholds, and a step-by-step application process to help you prepare confidently for your journey to family reunification.

What is the UK Family Visa?

The UK Family Visa, also known as the Spouse Visa, Partner Visa, or Family of a Settled Person Visa, allows eligible individuals from outside the European Economic Area (EEA) and Switzerland to join their family members who are either British citizens, settled in the UK (e.g., with Indefinite Leave to Remain), or hold refugee status or humanitarian protection.

This visa category is crucial for maintaining family unity, enabling spouses, partners, children, parents, and adult dependent relatives to live together in the UK.

Who is Eligible for a UK Family Visa?

Relationship Requirements

Eligibility for a UK Family Visa hinges on several key factors, primarily focusing on the relationship with the UK-based sponsor, age, and intent to live together permanently.

• Spouse or Civil Partner: You must be legally married or in a civil partnership. Your relationship must be genuine and subsisting.
• Unmarried Partner: You must have been living together in a relationship akin to marriage or civil partnership for at least two years.
• Fiancé(e) or Proposed Civil Partner: You must intend to marry or enter into a civil partnership within six months of arriving in the UK and then apply for further leave to remain as a spouse/partner.
• Child: You can apply for a child under 18 years old, or over 18 if they were granted leave as a child previously and are not leading an independent life.
• Parent: If you are a parent of a child in the UK who is a British citizen or settled, and you have sole parental responsibility or shared responsibility with specific care arrangements.
• Adult Dependent Relative: This category is very restrictive, typically for parents, grandparents, brothers, or sisters who require long-term personal care due to illness or disability and cannot receive it in their home country.

Age, Intent, and Accommodation

Both the applicant and the UK sponsor must generally be 18 years or older. You must also demonstrate a genuine and subsisting relationship and an intention to live together permanently in the UK.

Adequate accommodation must be available for you and any dependants without recourse to public funds. This means your living situation must not be overcrowded and must be suitable for the number of people living there.

Understanding the Income Requirements for a UK Family Visa

The Minimum Income Threshold

One of the most critical aspects of the UK Family Visa application is meeting the financial requirement. This ensures that the applicant will not become a burden on public funds in the UK.

The minimum income threshold for a spouse or partner (with no dependent children) is currently £18,600 per year. This amount increases if you are also sponsoring dependent children:

• £3,800 for the first child.
• £2,400 for each additional child.

For example, a sponsor bringing a partner and one child would need to show an income of £18,600 + £3,800 = £22,400 per year.

How Can You Meet the Income Requirement?

The income requirement can be met through various sources, individually or in combination:

• Employment: Income from salaried or non-salaried employment of the sponsor and/or the applicant (if they are in the UK with permission to work).
• Self-Employment: Income from self-employment, director of a limited company, or a partnership.
• Savings: Cash savings above £16,000. The amount above £16,000 can be used to offset the income requirement. For example, to meet the £18,600 threshold using only savings, you would need £62,500 (calculated as (£18,600 – £16,000) x 2.5 + £16,000). These savings must have been held for at least six months.
• Pension: Income from state or private pensions.
• Maternity Allowance or Bereavement Allowance: Specific benefits received by the sponsor.
• Property Rental Income: Income from property owned by the sponsor or applicant.
• Dividends from Shares: Income from shares in a company.

Exemptions and Alternative Ways to Meet the Requirement

There are specific circumstances where the income threshold may not apply, or alternative ways to meet the requirement:

• Specified Benefits: If the sponsor receives certain disability-related benefits (e.g., Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Personal Independence Payment, Armed Forces Independence Payment, or Guaranteed Income Payment under the Armed Forces Compensation Scheme). In these cases, the applicant must demonstrate they can be adequately maintained without recourse to public funds, using a ‘adequate maintenance’ test instead of the minimum income threshold.
• Exceptional Circumstances: In very rare cases, if refusing the visa would lead to unjustifiably harsh consequences for the applicant or their family, the Home Office might grant leave outside the Immigration Rules, even if the financial requirement isn’t fully met.

The UK Family Visa Application Process: A Step-by-Step Guide

Gathering Your Documents

The application process requires careful attention to detail and thorough preparation of documents.

Before starting the online application, ensure you have all necessary documents ready. This phase is crucial for a smooth process. Key documents include:

• Passports: Valid passports for both the applicant and the sponsor.
• Proof of Relationship: Marriage certificate, civil partnership certificate, evidence of cohabitation (e.g., utility bills, bank statements at the same address) for unmarried partners, or birth certificates for children.
• Financial Evidence: Payslips, bank statements, employment letters, tax returns (for self-employment), pension statements, or savings statements demonstrating you meet the income requirement.
• Accommodation Evidence: Tenancy agreement, mortgage statements, property deeds, and a letter from the homeowner confirming your living arrangements.
• English Language Proficiency: Evidence you meet the English language requirement (e.g., an approved English language test certificate at CEFR level A1 or higher, or a degree taught in English).
• Previous Visa/Immigration History: Any relevant documents pertaining to past visas or travel.

Completing the Online Application

All applications are made online via the official GOV.UK website. You will need to create an account, complete the detailed application form, and pay the application fee and the Immigration Health Surcharge (IHS). The IHS grants access to the National Health Service (NHS) while in the UK.

Ensure all information provided is accurate and consistent with your supporting documents. Any discrepancies can lead to delays or refusal.

Biometrics and Supporting Documents Submission

After submitting the online application, you will be directed to book an appointment at a Visa Application Centre (VAC) in your country of residence. At this appointment, your biometric information (fingerprints and a photograph) will be taken. You will also submit your supporting documents.

Many VACs now offer a ‘scan and go’ service, where you upload your documents online beforehand, or a document scanning service at the centre. Ensure all documents are clear, legible, and translated into English if necessary by a certified translator.

Interview (If Applicable)

While not always required, some applicants may be invited for an interview if the Home Office requires further clarification or has concerns about the authenticity of the relationship or other aspects of the application. Be prepared to answer questions about your relationship, finances, and intentions.

Waiting for a Decision

Once your biometrics and documents are submitted, the waiting period begins. Standard processing times vary by country and workload, but you can typically expect a decision within 2-3 months. Priority services may be available for an additional fee, offering a faster decision.

You will be notified by email once a decision has been made. If successful, you will receive a visa vignette (sticker) in your passport, valid for 90 days to enter the UK, and a Biometric Residence Permit (BRP) card will be issued upon arrival.

Common Challenges and Tips for a Successful Application

Applying for a UK Family Visa can have its pitfalls. Being aware of common challenges can help you avoid them:

• Incomplete Documentation: Missing a single required document can lead to delays or refusal.
• Incorrect Income Calculation: Misunderstanding how to calculate or prove your income is a frequent issue.
• Insufficient Relationship Evidence: Not providing enough evidence to prove a genuine and subsisting relationship.
• English Language Test Errors: Taking a test from a non-approved provider or not meeting the required level.
• Providing False Information: Any attempt to mislead the Home Office will result in refusal and potentially a ban from future applications.

To maximize your chances of success:

• Start Early: Give yourself ample time to gather all documents and complete the application.
• Double-Check Everything: Before submitting, review every section of the form and every document.
• Organize Your Documents: Present your documents clearly, logically, and in the order requested (if specified).
• Seek Professional Advice: If your case is complex or you’re unsure about any requirement, consider consulting an immigration solicitor or adviser.

Conclusion

Navigating the UK Family Visa application can seem daunting, but by understanding the requirements and preparing thoroughly, you significantly increase your chances of a successful outcome.

Remember, each application is unique, and while this guide covers the general aspects, always refer to the official UK government guidance or seek professional advice for your specific circumstances. Take that first step today by gathering your essential documents and familiarizing yourself with the process.