Increase In Funds Maintenance Under UK Family Migration

14 Jun 2012

UK Government has increased the minimum income that sponsors need to hold for sponsoring a dependent as a spouse or partner, fiancé or proposed civil partner under family migration route. Sponsors having UK PR or who are British Nationals now need to have minimum £18,600 annual income to be able to sponsor a non-European Economic Area (EEA) dependent. This rule is not applicable for Tier 1 and PSW dependent categories; it just covers dependents of UK PR holders and British Nationals. Following are the other relevant changes introduced:

• introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
• publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
• extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
• abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
• from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
• allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and
• restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, removing the full right of appeal against refusal of a family visit visa

This new rule of maintaining minimum income for sponsors remain intact till any amendment is done to same. Applications submitted from 9^th July’ 2012 will fall under new rule.