UK partner and family visa applications under Appendix FM may require either a minimum income requirement or an adequate maintenance requirement, depending on the route and circumstances. Where the current minimum income requirement applies, applicants generally need gross annual income of £29,000, or £88,500 in cash savings if relying on savings alone.
Applicants who first applied successfully as a partner, fiancée, or proposed civil partner before 11 April 2024 and are extending with the same partner may fall under transitional arrangements. In those cases, the previous £18,600 minimum income requirement may still apply. Applicants whose partner receives certain disability, carer, or related benefits may instead need to meet the adequate maintenance and accommodation test.
Category A: Employment With the Same Employer for at Least 6 Months
Category A applies to salaried or non-salaried employment where the relevant person is employed at the date of application and has been with the same employer for at least 6 months before applying.
The income can come from:
- The applicant’s partner
- The applicant, if they are already in the UK with permission to work
- Both, where permitted
For salaried employment, the gross annual salary can be counted. For non-salaried employment, the calculation uses the annualised average gross monthly income over the 6 months before the application.
Evidence normally includes:
- 6 months of payslips
- Employer letter
- 6 months of corresponding bank statements
If the person has been with the current employer for less than 6 months, Category B may be relevant instead.
Returning Sponsors Under Category A
Where the sponsor is returning to the UK with the applicant, Category A has both backward-looking and forward-looking requirements.
The sponsor must:
- Be employed at the date of application
- Have been with the same employer for at least 6 months before the application
- Have been paid throughout that period at or above the income level relied on
- Have a confirmed offer of UK employment starting within 3 months of return
Both the current employment and the UK job offer must meet the income level relied upon, currently £29,000 where that threshold applies.
Category B: Less Than 6 Months With Current Employer or Variable Income
Category B can apply where the relevant person is employed at the date of application but has not been with the same employer, or earning the amount relied on, for at least 6 months.
It can also be used by someone with variable income who prefers to be assessed under Category B instead of Category A.
For salaried employment, the gross annual salary at the date of application can count. There is no minimum period for the current employment, and the latest payslips or employment contract will usually evidence the salary.
For non-salaried employment, the amount is calculated by annualising average gross income over the relevant period before the application.
Category B also requires a second test: the applicant must show actual gross income received in the 12 months before the application, from employment and permitted sources, meets or exceeds the threshold.
Where the £29,000 threshold applies, the 12-month actual income must meet or exceed £29,000. Cash savings cannot be combined with Category B to meet this 12-month actual income requirement.
For a returning sponsor using Category B, the sponsor must have a confirmed UK job offer starting within 3 months of arrival or return. That job offer must meet the financial requirement alone or, where permitted, in combination with non-employment income, cash savings, or pension income. However, the separate 12-month past income requirement cannot be met using cash savings.
Category D: Cash Savings
Category D covers cash savings above £16,000 held in the applicant’s name, the partner’s name, or jointly, and under their control for at least 6 months before the application.
Where the £29,000 threshold applies and cash savings alone are used, the required savings amount is £88,500.
Applicants under transitional arrangements who remain subject to the £18,600 income threshold must show at least £62,500 in cash savings if relying on savings alone.
Evidence includes:
- Personal bank statements showing the required level of savings throughout the 6-month period
- A declaration by the account holders explaining the source of the savings
Liquidated Investments
Cash savings can come from liquidated investments, including:
- Pension pot funds
- Stocks
- Shares
- Bonds
- Trust funds
The funds must have been owned and controlled by the applicant, partner, or both jointly for at least the relevant 6-month period before the application. The investments can be liquidated at any time before applying.
Applicants relying on liquidated investments must provide specified evidence covering the 6-month period, including evidence of ownership, cash value at or before the start of the period, and transfer into cash.
Property Sale Proceeds
Property sale proceeds can also be used as cash savings. The time during which the property was owned may count toward the 6-month savings period.
This means the proceeds may theoretically be received on the date of application, provided:
- The applicant or partner owned the property at least 6 months before the application
- They owned it at the date of sale
- Only net proceeds are counted after repayment of any mortgage or loan secured on the property
- Taxes and professional fees related to the sale are deducted
- If ownership was shared with a third party, only the applicant’s or partner’s share is counted
Category C: Non-Employment Income
Rental income from property can be used to meet the financial requirement. The calculation is based on income received during the 12 months before the application.
Evidence normally includes 12 months of bank statements showing rental income being paid.
At the date of application, the property must be held in the name of the applicant, the sponsor or partner, or both jointly.
Category E: Pension Income
Gross annual income from pensions can count toward the financial requirement. This can include:
- State pension
- UK Basic State Pension
- Additional or Second State Pension
- HM Forces Pension
- Foreign pension
- Occupational pension
- Private pension
The pension must have become a source of income at least 28 days before the application.
Evidence should include official documentation from the relevant pension authority, government department, agency, or pension company confirming the entitlement and amount. Applicants also need at least one personal bank statement from the 12 months before the application showing payment into the account.
Categories F and G: Self-Employment and Specified Limited Companies
Self-employed individuals and directors or employees of specified limited companies in the UK may rely on income from full financial years.
Category F allows reliance on income from the last full financial year at the date of application.
Category G allows reliance on the average income from the last two full financial years. This can help where the applicant cannot meet the requirement using Category F alone.
Financial Year Rules
For UK self-employment as a sole trader, partner, or franchise, the relevant year is the HMRC self-assessment tax year, running from 6 April to 5 April.
For directors or employees of specified limited companies, the relevant financial year is the company’s accounting year shown on the Company Tax Return CT600. This may differ from the HMRC tax year and depends on when the company was set up.
Time-constrained evidence may include:
- Self-assessment tax returns
- Company tax returns
- Annual accounts
- Business bank statements covering the relevant 12-month period
- Payslips and P60, if issued
- Dividend vouchers
- Personal bank statements showing salary or dividends being paid
Income outside the specified financial year period is generally inadmissible when calculating earnings.
The Hameed case confirmed that, for self-employed applicants relying on HMRC self-assessment, the relevant financial year is the HMRC tax year, not a different business accounting year.
Applicants must provide documentation covering the full relevant financial year. Partial-year documentation may not be enough for Category F or G.
Combining Income Sources
Some sources of income can be combined, but the rules are category-specific.
Category F or G income may be combined with:
- Salaried or non-salaried employment income
- Non-employment income
- Pension income
However, the combined income must fall within the same financial year or years relied upon and must still be a source of income at the date of application.
Cash savings cannot be combined with income under Category F or Category G.
Self-employed income from two people cannot be combined if it is based on different financial years. If the applicant and partner’s self-employment income aligns within the same financial year, it may be combined.
Category A employment income can potentially be combined with Category F income from a specified limited company, but only if both sources fall within the relevant financial year or years and remain sources of income at the application date.
The 28-Day Rule
Appendix FM-SE generally requires financial evidence, or the most recently dated part of it, to be dated no earlier than 28 days before the date of application.
This rule is important across partner and family visa financial applications. Applicants should check not only that the income or savings threshold is met, but also that the evidence is recent enough and covers the correct period.
Main Practical Points
The correct financial category depends on the source of income, employment history, whether the sponsor is returning to the UK, and whether the evidence covers the required period.
Key timing rules include:
- Category A usually requires 6 months with the same employer.
- Category B requires current income plus actual income over the previous 12 months.
- Cash savings usually need to be held for 6 months.
- Rental income is assessed over 12 months.
- Pension income must be in payment at least 28 days before applying.
- Self-employment and specified company income must match the relevant full financial year.
- Most recent financial evidence generally must be dated within 28 days of application.
The financial requirement is evidence-heavy. A case can fail not only because the income is too low, but because the wrong category is used, the wrong period is documented, income sources are combined incorrectly, or the evidence is outside the required timing rules.
Source article: immigrationbarrister.co.uk
