Family Visa Minimum Income Requirement: 2024 Changes

The Statement of Changes to Immigration Rules HC 590 introduced from 11 April 2024:

• MIR increased from £18,600 to £29,000 (the level at which workers in the average occupation are paid).
• The child element was removed — previously, sponsors had to show an additional £3,800 for the first child and £2,400 for each subsequent child. The new £29,000 threshold is a flat figure regardless of number of children.
• For initial entry clearance and switching, applicants apply against the new threshold.
• Cash savings rules adjusted proportionately.

Further rises to £34,500 (autumn 2024) and £38,700 (early 2025) were originally announced. As at May 2026, these have been paused. The £29,000 threshold remains in effect; check gov.uk for the current figure before applying.

Two important transitional rules:

1. Pre-11 April 2024 applicants — anyone who first applied under the £18,600 regime before 11 April 2024 continues to be assessed under that regime for extension applications and ILR. The new threshold does not apply retrospectively.
2. Already-granted leave — extensions of leave granted under the old rules continue under the old rules. The new MIR only applies to new initial entry clearance applications and to new switches.

This protects existing couples from being separated by a rule change applied mid-route. If your case fits the transitional protection, make sure your solicitor or representative argues it explicitly in the application.

Five routes to meeting MIR:

• Category A — Employment income. The sponsor must have been in their current employment for at least 6 months and earn £29,000+ gross. Evidence: 6 months' payslips, employment contract, employer letter.
• Category B — Variable employment. The sponsor's income over the 12 months prior to application must be £29,000+. Includes overtime, bonuses, and shift premia. Self-employment can also be Category B.
• Category C — Non-employment income. Rental income, dividends, pensions, maintenance. Evidence requirements are strict and usually require a recent tax return.
• Category D — Cash savings. £16,000 + 2.5 times the shortfall, held for 6 months. So to entirely replace £29,000 income: £88,500 savings (£16k + 2.5 × £29k). Joint savings count.
• Combination — income + savings + applicant's overseas income (limited cases). The rules are technical; specialist advice often needed.

The applicant's overseas income generally cannot be counted — only the sponsor's. After grant, the applicant's UK income can be added for extension applications.

If you cannot meet the MIR but family separation would breach the right to family life (Article 8 ECHR), an "exceptional circumstances" or "unduly harsh consequences" argument can succeed. The Court of Appeal in MM (Lebanon) [2017] and the Supreme Court in Agyarko [2017] set out the framework.

Key elements:

• The applicant must show that there are "unjustifiably harsh consequences" of refusal — usually involving children in the UK, health conditions, or sole carer responsibilities.
• The Home Office considers exceptional circumstances under paragraph GEN.3.1 of Appendix FM and section EX of the Immigration Rules.
• Refusals on Article 8 grounds can be appealed to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days (in-country) or 28 days (out of country).
• Children's best interests are a primary consideration under section 55 Borders, Citizenship and Immigration Act 2009 and section 11(2)(a) Children Act 2004 (under which the Home Office must "have regard to" children's welfare).

The Article 8 route is hard. The cases that succeed usually involve British or settled-status children who cannot reasonably be expected to leave the UK. For couples without UK children, the chance of success is much lower.

Five recurring mistakes:

• Failing to evidence the full 6 months of employment — payslips with gaps, recent job changes, or insufficient employer letters. Plan ahead so you have a clean 6-month run before applying.
• Mixing self-employed income with employment — different evidence requirements for each category, often requiring a tax return. Get an accountant's statement.
• Counting income the applicant earned overseas — generally not counted at initial entry stage. The threshold must be met from the sponsor's UK-based income.
• Forgetting cash savings must be 6 months old — recent windfalls (gifts, inheritances) cannot be used until the 6-month rule is satisfied.
• Ignoring transitional protection — many applicants under transitional protection have applied against the wrong threshold. Check your date of first application carefully.