The complexities of the partner visa financial requirement are notorious. We set out below a summary of the main rules, but recommend that you seek specialist legal advice given the nature of the legislation. As a firm of immigration solicitors located in central London we are able to assist and advise on all aspects of UK civil partner visas.
Applicants must show that they meet certain minimum income or savings thresholds to qualify for the visa. The annual income thresholds for applicants before 11 April are:
Applicant with no children: £18,600
First child: an additional £3,800*
Subsequent children: an additional £2,400 per child*
*Applies only to children that are dependants on the application and are not British citizens or already settled in the UK.
The annual income thresholds for applicants after 11 April are:
Applicant: £29,000
There are no additional increments for children.
- The sources of income which are acceptable are:
- employment or self employment of the sponsor;
- employment or self employment of the applicant if in the UK lawfully;
- certain permitted sources other than employment, such as rent from property;
- state or private pensions of the applicant or sponsor; or maternity allowances or bereavement benefits received in the UK; and
- from 6 April 2014, ongoing insurance payments, e.g. such as one might receive from an income protection policy.
Shortfalls in income can be made up from savings in excess of £16,000. For example, if your income is £17,000, you will have a shortfall of £1,600. The amount of savings you would need to hold is £20,000 (i.e. £1,600 x 2.5 + £16,000).
If you have no income, the amount of savings you need to hold rises to £62,500.
Savings must be held in an account in your or your partner’s name for 6 months prior to the date of application.
Applicants will be exempt from these financial requirements if their UK civil partner receives a specified disability related benefit or carer’s allowance. In these circumstances, it is necessary to show that the couple can still maintain and accommodate themselves without additional recourse to public funds.
Procedure and Timescales
Applicants for a UK civil partner visa must pay a 'National Health Service (NHS) surcharge' of £200 per year in advance for each whole or part year of the visa which is a mandatory requirement and will allow them to access the NHS whilst in the UK.
Outside the UK
Applicants not presently in the UK must apply for a UK civil partner visa to enter in the correct capacity. The application should be lodged at a British overseas post designated to deal with visa applications.
The process involves submission of an online application and supplying original specified evidence, attendance at a biometric appointment and depending on the case potentially an immigration interview. Applicants from certain specified countries may be required to undertake a tuberculosis test.
Processing times are currently between 3-6 months due to the Ukrainian situation and the priority fast track service has been suspended until further notice.
Inside the UK
For those already in the UK, with the exception of visitors and others who hold a visa for less than 6 months duration, it is possible to apply direct to the Home Office. There are two levels of service for applications:
Standard - applications are typically processed within 1-6 months.
Super-priority - applications are normally processed within 24 hours.
The process involves submission of an application with specified evidence, attendance at a biometric appointment and depending on the circumstances potentially an immigration interview, although this is extremely rare. The processing times run from attendance at the biometric appointment.
