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Just as new Hungarian immigration reforms were implemented by parliament in 2024, the UK Family Visa has also undergone some recent changes as part of a series of measures to reduce overall migration levels in the country.
This reform came after the Office for National Statistics released official estimates showing that net migration was at an all-time high. Although family visas represented 5% of all entry visas in 2023, there were 81,203 family-related visas issued, which is a 72% increase from 2022 and the highest year on record.
In response, the UK government increased the annual minimum income threshold for family visas to £29,000 starting 11 April 2024. By early 2025, it would rise to £38,700, more than double the 2023 threshold of £18,600.
Hungarian nationals married to or in a long-term relationship with British citizens or settled persons will need to consider this new requirement if they choose to reunite with their partners in the UK.
How the New Policy Was Announced
In July 2012, Theresa May introduced a minimum income threshold for sponsoring foreign spouses and partners, setting it at £18,600 annually. Families with children were required to earn at least £3,800 for one child and £2,400 for each additional child.
The income requirement ensures that families are self-sufficient and do not rely on public funds. It also ensures that migrants reuniting with their families can integrate into British society and contribute positively to the economy.
Over the years, however, the UK government has been clear that the net migration levels were too high, putting a strain on public services and housing. Family visa holders were also getting into work, and coupled with other work visas issued, this was undercutting British workers.
In December 2023, the Prime Minister and Home Secretary announced new reforms that affected some UK visa routes, including family visas. They stated that the minimum income threshold for sponsoring partners and spouses would reach £38,700 by Spring 2024.
However, on 21 December 2023, the Home Office released a fact sheet showing that the policy was reversed and that the increment would be introduced in three phases. This staged approach aims to give families predictability and enable them to plan accordingly.
The Details of the New Reforms
General Threshold Increment
According to the Home Office’s fact sheet, the minimum income threshold would increase to £29,000 by Spring 2024 and reach £34,500 later in the year. By 2025, it will finally rise to £38,700, bringing it into line with the minimum salary threshold for skilled workers (the 50th percentile of earnings for eligible skilled jobs.)
In line with the fact sheet, the first phase of the increment became effective on 11 April 2024.
Furthermore, under these new rules, there will no longer be an additional income requirement for families with children. The minimum income requirement will be the same regardless of the number of children sponsored.
Considerations for Those Already on the Partner Route
Additionally, the fact sheet stated that individuals already on the partner route of the family visa before 11 April would not need to meet the new income requirement when applying for an extension. That is, as long as they apply to extend their visas to live with the same partner they initially had permission to stay with.
This rule also applies to Hungarians in the UK on the fiancé, fiancée, or proposed civil partner route before 11 April but intend to switch to the spouse or partner route after the effective date.
The reforms also introduced a child component cap for spouses and partners extending their visas and fiancé, fiancée, or proposed civil partner switching to the spouse route.
According to the old income requirement, these applicants must earn an additional income for each child in their family. However, with the new child component cap, if the total earnings they need exceeds £29,000, such as if they have more than four children, their income requirement will be capped at £29,000.
Applications Not Decided Before 11 April 2024
For individuals who submitted new applications before 11 April but whose cases were not decided before the policy came into effect, the Home Office will assess their applications using the old income requirement.
The Home Office also states that the child component cap will not apply to these applications. However, if an applicant’s situation will make the old rules disadvantageous to them in comparison with the new rules, the Family Policy Team might consider using the new rules.
For instance, applicants with five children are supposed to meet a threshold of £32,000 under the old income requirement. However, if they can’t meet this threshold but evidence shows that they can meet the new income requirement of £29,000, the new threshold may apply.
Considerations for Members of the Armed Forces
When the new threshold was announced, there were some concerns for families of soldiers, as the starting salary for a trained soldier was around £24,000 in 2023.
The Ministry of Defence worked with the Home Office to lower the general income requirement for armed forces members to £23,496 annually. These changes were included in the new immigration rules published on 14 March 2024 and became effective on 11 April 2024.
This new threshold is fixed irrespective of the number of children an applicant has and those already on the family visa route will have a child component cap of £23,496 when extending their visas.
The Increase in Immigration Health Surcharge
The Immigration Health Surcharge required for certain UK visa applications, including family visas, increased on 6 February 2024. The fee for adults rose from £624 to £1,035 annually and from £470 to £776 for children under 18.
With this increase, adult applicants will now pay £3,105, and children will pay £2,328 for a 2-year and 9-month period at their first application.
The Impact of the New Rules on the Immigration Process
The UK’s new minimum income threshold seems to conflict with its goal of supporting family reunification. For instance, Hungarian immigration requirements don’t currently impose a specific income threshold for sponsors and promote the stability of the family unit.
While the UK government states that its goal is to ensure that anyone coming to the country can be supported financially, the threshold doesn’t match the average UK income. Critics also argue that it unfairly impacts lower-income earners, such as women and entry-level workers.
It has further sparked concerns that it will result not only in family separation but also in longer settlement routes as many may not be able to meet the requirement.
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