When applying for a spouse or partner visa under Appendix FM of the UK Immigration Rules, meeting the financial requirement is often one of the most complex and critical aspects. While having sufficient income is essential, it’s equally important that this income is evidenced correctly, following strict guidelines of the Immigration Rules. In this post, we discuss the Appendix FM rules to demonstrate employment income (Category A) when applying for a Spouse or Partner visa from outside the UK, inside the UK or when the British partner is returning along with the applicant.
Understanding Appendix FM and Category A
Appendix FM of the Immigration Rules sets out the financial requirements for family members applying to live in the UK with a British citizen or a settled person. These requirements ensure that the applicant and their sponsor have sufficient financial means without relying on public funds.
Category A, the most straightforward category, applies to individuals who have been employed with the same employer for at least six months before the visa application. For salaried employment, the individual must demonstrate that their gross annual salary exceeds the minimum income threshold throughout those six months.
The Minimum Income Threshold
The Minimum Income Threshold (MIR) is a financial requirement to be met by a person applying for entry clearance, permission to stay or Indefinite Leave to Remain in the UK, and varies depending on the applicant’s circumstances.
Those who have applied on or after 11 April 2024 who are new to the 5-year partner, fiancè or fiancèe or proposed civil partner routes, or who are applying for permission to stay with a new partner, must meet the new minimum income threshold of £29,000 per annum.
Applicants who were on the 5-year partner route before 11 April 2024, and are applying for permission to stay with the same partner must meet the lower minimum income threshold of £18,600 per annum, with an additional £3,800 for the first child and £2,400 for each further child, up to a maximum of £29,000.
Evidence to Demonstrate Employment Income (Category A)
Applicants must meet the income threshold based on their circumstances, and evidence this through specific documents, including payslips, employer letters, and bank statements.
Payslips
For applicants relying on salaried income under Category A, the rules stipulate that they must provide six months of payslips immediately preceding the application date. These payslips must demonstrate that the sponsor has been earning the required income during this period.
Payslips must be official payslips issued by the employer and showing the employer’s name or be accompanied by an official letter from the employer stating that the payslips are authentic.
The payslips must cover a continuous six-month period before the date of application. For example, if an applicant submits their visa application on 01 January 2025, their payslips should cover the period from 01 July 2024 to 31 December 2024.
If the sponsor has recently received a pay increase, they must still meet the minimum income threshold during the entire six-month period. For example, if the sponsor’s salary increased two months before the application date, they cannot rely on the higher salary unless it has been earned for the full six months.
Employer Letter
In addition to payslips, applicants must also provide a letter from their employer. This letter must:
- Confirm the employment status and job title of the sponsor.
- State their current annual salary and whether the employment is permanent, fixed-term, or temporary.
- Provide details of the length of employment, including how long they have been earning their current salary if it recently changed.
The employer’s letter serves as corroborating evidence to verify the information presented on the payslips. This letter must be on company letterhead and signed by a senior official.
Bank Statements
Bank statements covering the same six-month period as the payslips must also be provided. These statements need to clearly show that the sponsor’s salary has been deposited into their bank account during the relevant period.
Key requirements for bank statements include:
- They must be official statements printed by the bank, or electronic statements authenticated by the bank with a stamp or covering letter.
- The statements must reflect the salary payments shown on the payslips.
- They must cover the full six-month period and clearly show the name of the account holder.
Sponsor Returning to the UK with the Applicant
For entry clearance applications where the sponsor (British partner) is employed overseas but returning to the UK, Category A provides a way to combine their overseas employment income with a job offer in the UK to meet the financial requirement. This process involves a more complex, two-part calculation:
- Overseas Employment Income: The sponsor must first calculate their salaried or non-salaried income earned during the last six months of their employment overseas. This is done in the same way as for standard Category A applications, by providing payslips, bank statements, and an employer letter from the overseas employer. If the income alone does not meet the threshold, it may be supplemented with non-employment income, savings, or pension income.
- UK Job Offer: The sponsor must also have a confirmed job offer or signed employment contract in the UK, which is due to start within three months of their return. This UK-based job must offer a gross annual salary (or annualised income for non-salaried roles) that meets or exceeds the minimum income threshold required for the application.
By combining the two income sources—overseas earnings and a UK job offer—sponsors can demonstrate they meet the financial requirements for a partner visa under Category A.
Employed by a Specified UK Limited Company
If the sponsor’s income is derived from a UK limited company where they or their partner hold shares, different rules apply. Under Appendix FM, only Categories F or G can be used to meet the financial requirement in such cases. The evidence required for this type of income is more stringent due to the additional scrutiny placed on self-employed or business-related income.
Common Challenges
Applicants often face challenges when collecting the required evidence for Category A applications. For example, any gaps in payslip records or discrepancies between payslips and bank statements can cause delays or refusals. Similarly, failure to provide a properly formatted employer letter can lead to issues.
If your income does not meet the threshold under Category A, you may be able to combine income from other sources such as non-employment income or savings. However, the evidence requirements for combining income are equally stringent.
How We Can Help
Navigating the financial requirements for a spouse or partner visa can be a daunting process. At Whytecroft Ford, our experienced immigration team is here to guide you through the complexities of the application process. We can help you gather the required documentation, ensure your evidence meets the Home Office’s strict standards, and advise on alternative options if your income does not meet the required threshold under Category A.
If you’re unsure about the financial requirements or need assistance with your visa application, contact us today for professional advice at +44 208 757 5751 or use our contact form.
