If you are applying for a UK Spouse Visa and you do not meet the £29,000 financial requirement, you may still have options. The requirement can sometimes be met through qualifying cash savings, while different rules may apply if your partner receives certain disability or carer-related benefits.
In limited circumstances, you may also be able to apply where the standard financial requirement cannot be met.
Key summary points
- Not meeting £29,000 does not automatically mean that you cannot apply for a UK Spouse Visa.
- Qualifying cash savings may be used to meet the financial requirement, either alone or alongside qualifying income.
- You may be exempt from meeting the financial requirement where the sponsoring partner receives certain specified benefits.
- In limited circumstances, you may still be able to apply where the standard financial requirement cannot be met.
- The correct option depends on your individual circumstances and the evidence available.
Can you get a UK Spouse Visa if you do not meet the £29,000 requirement?
If your income is below £29,000 per annum, the first question is not simply whether you are below the threshold. You need to establish whether another provision of the Immigration Rules allows you to meet the financial requirement.
Depending on your circumstances, this could include:
- qualifying cash savings;
- a permitted combination of income and savings;
- other qualifying sources of income;
- the adequate maintenance rules where the sponsoring partner receives certain specified benefits; or
- in limited cases, provisions relating to children or human rights.
The financial rules are detailed, and the evidence required depends on the category being relied upon. Our UK Spouse Visa financial requirement guide provides a more detailed explanation of the standard £29,000 requirement and the different sources of income that may be accepted.
Can savings make up a shortfall in the £29,000 requirement?
Yes. Qualifying cash savings can be used to make up a shortfall in the £29,000 financial requirement, provided the relevant Immigration Rules are met.
Cash savings may be used on their own or combined with qualifying income. The amount required depends on the level of qualifying income available and is calculated under the rules governing cash savings. For example, where qualifying income is £20,000, the £9,000 shortfall would require £38,500 in qualifying cash savings. Where there is no qualifying income, £88,500 in qualifying cash savings would be required to meet the £29,000 requirement through savings alone.
However, having money in a bank account does not automatically mean that it qualifies. The Immigration Rules set specific requirements concerning the source, ownership, holding period and evidence for cash savings. For a detailed explanation of the rules and calculations, read our guide to using cash savings to meet the UK Spouse Visa financial requirement.
What if your partner receives benefits?
A different test can apply if the UK-based partner receives certain specified disability or carer-related benefits.
In these circumstances, the normal £29,000 minimum income requirement does not apply. Instead, the application may be assessed under the adequate maintenance provisions.
Benefits covered by the rules include certain benefits such as:
- Disability Living Allowance;
- Personal Independence Payment;
- Attendance Allowance;
- Carer’s Allowance; and
- certain other specified disability or carer benefits.
The precise benefit must be one recognised under the Immigration Rules.
Under the adequate maintenance test, the Home Office considers the household’s income and relevant housing costs rather than simply asking whether the sponsor earns £29,000.
This means that someone who cannot meet the standard financial requirement may still qualify where the adequate maintenance provisions apply. Our detailed guide explains adequate maintenance for UK Spouse Visa applications, including how the calculation works and what evidence may be required.
What if you cannot meet the financial requirement at all?
There are limited circumstances in which you may still be able to apply for a family visa even though you cannot meet the standard financial requirement.
Home Office rules explain that this can include circumstances where:
- you have a child in the UK who is a British or Irish citizen, or who has lived in the UK for seven years and it would not be reasonable for them to leave; or
- refusing the application or requiring you to leave the UK would breach your human rights.
These circumstances should not be treated as a simple alternative to the £29,000 requirement. The relevant Immigration Rules and your individual circumstances need to be considered carefully.
There can also be consequences for the route to settlement. Home Office rules currently state that where the financial requirements are not met and permission is granted on these grounds, the earliest settlement application will generally be after 10 years in the UK.
What if you are only slightly below £29,000?
Being only slightly below the threshold does not normally mean that the difference can simply be ignored. For example, an income of £28,500 does not normally satisfy a £29,000 minimum income requirement.
However, depending on your circumstances, it may be possible to use qualifying savings or another permitted source of income to meet the requirement.
The way your income is calculated is also important. The Home Office has different rules for employment, self-employment, dividends, rental income, pensions and other permitted sources. This means that someone who appears to be below £29,000 may sometimes have additional qualifying income that can be taken into account.
Equally, someone who appears to have enough money may not meet the requirement if the income has been calculated incorrectly or the required evidence has not been provided.
What if your income comes from self-employment or other sources?
Not meeting the requirement through a straightforward salary does not necessarily mean that the financial requirement cannot be met. Depending on the circumstances, other permitted sources of income or savings may be taken into account, but each category has its own rules and evidence requirements.
This is particularly important for self-employed sponsors and limited-company directors, where the figure shown in a personal bank account is not necessarily the income that can be relied upon under the Immigration Rules. We explain this in more detail in our article UK Spouse Visa: Can You Apply If Your Partner Is Self-Employed?.
What should you do if you do not meet the £29,000 requirement?
If you do not currently meet the £29,000 financial requirement, you should establish which financial category applies to your circumstances before submitting an application. The Immigration Rules provide specific requirements for different sources of income and alternative ways of meeting the requirement.
The relevant factors may include:
- the amount and source of your qualifying income;
- whether you have qualifying cash savings;
- whether your partner receives a specified disability or carer-related benefit;
- whether your income comes from employment, self-employment or another permitted source;
- whether children are involved; and
- whether there are circumstances that may engage the human rights provisions.
It is important not to assume that income or savings can simply be combined to reach £29,000. Each source must meet the relevant requirements under the Immigration Rules and be supported by the required evidence.
Before applying, you should therefore assess your circumstances against the specific financial provisions that apply to your case. An incorrect assessment of the financial requirement or inadequate evidence can result in an application being refused.
The current GOV.UK guidance on the financial requirement for partner and spouse applications sets out the applicable requirements and evidence.
Frequently asked questions
1. Can I wait until my income reaches £29,000 before applying for a Spouse Visa?
If you do not currently meet the financial requirement, you may choose to wait until you are able to meet the applicable requirement before submitting your application. However, whether waiting is the most appropriate option will depend on your individual circumstances and whether another provision of the Immigration Rules applies.
2. Does my income have to come from employment to meet the Spouse Visa financial requirement?
The Immigration Rules allow certain other sources of income to be taken into account, including qualifying self-employment, pension income, specified non-employment income and qualifying cash savings. The requirements and evidence differ depending on the source relied upon.
3. What happens if my Spouse Visa application does not meet the financial requirement?
Failing to meet the standard financial requirement does not necessarily mean that you cannot apply, but the application must fall within another applicable provision of the Immigration Rules. This may include certain cases involving children or circumstances where refusal would breach human rights. These are specific and limited circumstances and should not be treated as an automatic alternative to meeting the financial requirement.
Can Mulgrave Law help if you do not meet the £29,000 requirement?
If you are concerned that you do not meet the £29,000 financial requirement, it is important to understand your options before submitting your application.
At Mulgrave Law, we can assess your circumstances and advise you on the financial route that may apply, including applications involving savings, non-standard income, self-employment and adequate maintenance.
If you are unsure whether you meet the financial requirement, we can assess your circumstances and explain what evidence may be required for your application. Contact lawyers at Mulgrave Law to discuss your circumstances and the financial route that may apply to your application.
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- Email: info@mulgravelaw.co.uk
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