Family Visa: Overview

To sponsor a family member to come to or remain in the UK, the sponsor must be one of the following:

• A British or Irish citizen
• A person with Indefinite Leave to Remain (ILR) or settled status under the EU Settlement Scheme
• A person with limited leave to enter or remain under certain visa routes (in some circumstances)
• A person who has been recognised as a refugee or granted humanitarian protection

The sponsor must be 18 or over and must be resident in the UK (or returning to live in the UK) at the time the visa is granted. The sponsor cannot be in the UK unlawfully or have leave subject to a condition prohibiting recourse to public funds (unless they are a British citizen or have ILR).

One of the most significant requirements for sponsoring a spouse, civil partner, or partner is the minimum income requirement (MIR). The MIR was substantially increased from April 2024 as part of a phased approach recommended by the Migration Advisory Committee, intended to align the threshold with the Skilled Worker visa minimum salary over time.

The three phases of the increase are:

• Phase 1 — from April 2024: The minimum income threshold increased from £18,600 to £29,000 per year. This was the immediate increase that took effect for all new applications submitted on or after 11 April 2024.
• Phase 2: A planned further increase to £34,500 per year. The government has indicated this phase will follow Phase 1, but the precise implementation date has not been legislated and is subject to government confirmation.
• Phase 3: The final planned threshold of £38,700 per year, aligned with the going rate for a Skilled Worker visa. The timing of this final phase is also subject to government confirmation and may depend on economic conditions and policy decisions at the time.

Applicants and sponsors should check GOV.UK and seek regulated advice for the current applicable threshold at the time of application, as the Phase 2 and Phase 3 dates are not yet fixed in legislation.

The income threshold can be met by the sponsor's income from employment or self-employment, combined income if both applicant and sponsor are working, or non-employment income such as property rental or pension income. Cash savings above a certain amount can also be used to top up income that falls short of the threshold, using a formula set out in the Immigration Rules.

The income requirement does not apply to applications where the sponsor is in receipt of certain specified disability or carer's benefits. This is a complex area and the rules on what income counts, how it is calculated, and what exceptions apply are highly technical — specialist advice is strongly recommended.

The UK family immigration route covers several categories:

• Spouse or civil partner — For those who are legally married to or in a civil partnership with a British citizen or settled person. Must have met in person and the relationship must be genuine and subsisting.
• Unmarried partner — For those who have been living together in a relationship akin to marriage for at least two years. Evidence of cohabitation and a genuine relationship is required.
• Fiancé(e) or proposed civil partner — A short-term visa (6 months, non-extendable) to come to the UK to marry or form a civil partnership. After the ceremony, you must apply to switch to a spouse or civil partner visa.
• Child of a settled person — Children under 18 can apply to join both parents who are settled in the UK, or one settled parent where the other parent is deceased or there is sole responsibility.
• Adult dependent relative — A very restrictive category for parents or grandparents who require long-term personal care due to age, illness, or disability, and whose need cannot reasonably be met in their home country.

Family visa holders typically progress through the following stages towards settlement:

• Initial visa — Granted for 2 years and 9 months (if applying from outside the UK) or 2.5 years (if applying from within the UK)
• Extension — Apply to extend for a further 2.5 years before the initial leave expires
• ILR application — After 5 years of continuous leave on the family route, apply for Indefinite Leave to Remain, which confers settled status
• British citizenship — After 1 year of ILR, eligible to apply for naturalisation as a British citizen if other requirements are met

Throughout the qualifying period, the visa holder must not have spent more than 180 days outside the UK in any 12-month period and must continue to meet the relationship requirements. Relationship breakdown does not automatically end a visa, but it does affect eligibility for future extensions and ILR.