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AIBU?

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AIBU to think the spouse visa income requirement should not be increased to £38k per year?

95 replies

Shardonneigghhh · 24/05/2024 12:42

My post was moved to politics and activism, so I've amended it and added a poll to make it more suitable for AIBU. Thank you to everyone who already commented or signed the petition.

Can we talk about how the increased income requirement for spouse visas if affecting British citizens with a partner of a different nationality?

The policies it seem we're introduced to reduce the number of migrants, by preventing workers who come to the UK from bringing their family members with them.
This also affects British citizens who with to bring a spouse of family member to the uk to live with them.

https://commonslibrary.parliament.uk/research-briefings/cbp-9920/#:~:text=The%20spouse%2Fpartner%20visa%20minimum,report%20by%2014%20May%202024.

If someone falls in love with a non British person, and they want to live together in the uk, it is expected that the British person earns enough money to support their spouse without claiming any public funds. You have to evidence this when applying for a spouse visa, along with proving that your relationship is genuine. This minimum income requirement was £18,600, but was increased on April 11th to £29,000, with a further increase expected in 2025, to £38,000 per year.

This means that the British spouse will have to earn £38,000 in order to live together with their spouse in the uk. This income is out of reach for so many people. Basically if you are on a low income, you have no hope of your partner living with you in the uk. Women are often disproportionately affected by this as we learn less money overall, and if there are children to care for this may impact how much they can earn, bearing in mind if the husband is overseas he cannot look after the children while she works.

There is also a visa fee of £1846 and minimum nhs surcharge of £1035 per year (this is paid upfront to cover 3 or 5 years at point of application).

Please consider signing this petition.
https://petition.parliament.uk/petitions/652602

Petition: Don’t increase the income requirement for family visas to £38,700

Currently the financial requirements to bring your spouse to the UK is £18,600 per year and now the Government wants to more than double it. Most people in the UK don’t make that per year. We believe this policy punishes those who fall in love with som...

https://petition.parliament.uk/petitions/652602

OP posts:
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5
Coka · 24/05/2024 16:02

Its inhumane and people lack understanding of it. There are many brits abroad now unable to return to the uk as they have no hope of their spouse joining them. Married couples should have the option to live in either of their countries.

Kalevala · 24/05/2024 15:54

iamtheblcksheep · 24/05/2024 14:55

It’s a very sensible policy.

If other countries all had similar requirements then where should low income, mixed nationality couples and families live?

Shardonneigghhh · 24/05/2024 15:04

@iamtheblcksheep can you share why you think so?

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Knnniggets · 24/05/2024 15:00

I have a friend whose wife has to pay for the NHS surcharge even though she works for the NHS as a nurse…😒

BruFord · 24/05/2024 14:58

LlynTegid · 24/05/2024 14:46

Ironic given who the Chancellor of the Exchequer is married to, and the Prime Minister, and whom the previous male Prime Minister 'bonded over a love of Shakespeare' with.

@LlynTegid Tbf, Jeremy Hunt’s wife was already living and working in the UK when they met.

savoycabbage · 24/05/2024 14:57

@savoycabbage Ah, so what did you end up doing?

We used our privilege.

I was friends with the sister of an MP. She put me in touch with him and he assigned me a 'senior parliamentary assistant' and he helped us put together a load of documents. Letters from my family and our friends here in the uk, letters from dh's previous employers. Photos of dh in a kilt at beautiful weddings. All of this was taken to the Home Office and dh got a visa.

iamtheblcksheep · 24/05/2024 14:55

It’s a very sensible policy.

Shardonneigghhh · 24/05/2024 14:49

@LlynTegid indeed. It seems that falling in love with someone from another country is now another privilege reserved only for the rich.

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LlynTegid · 24/05/2024 14:46

Ironic given who the Chancellor of the Exchequer is married to, and the Prime Minister, and whom the previous male Prime Minister 'bonded over a love of Shakespeare' with.

Kalevala · 24/05/2024 14:30

Einwegflasche · 24/05/2024 13:04

That fact doesn't negate any of what I wrote though.
£38000 is a reasonable income until you start counting the actual cost of living.
If they have dependant children then there will be costs associated with that too.
I don't feel that it's unfair, I get that others might, especially if it affects them personally.

Sorry, in reference to where we will 'put' them.

BruFord · 24/05/2024 14:25

savoycabbage · 24/05/2024 14:10

  • I suppose the assumption is also that your DH would no longer be earning a high income though when he moved to the UK, because he’d leave his job? What did you end up doing?

We had this situation when we moved to the US, my DH’s home country. He went ahead of us and started a new job so he could prove that he had income over there to sponsor us.*

No question was ever asked about dh's job or his income. Not for a spouse visa.

@savoycabbage Ah, so what did you end up doing?

savoycabbage · 24/05/2024 14:10
  • I suppose the assumption is also that your DH would no longer be earning a high income though when he moved to the UK, because he’d leave his job? What did you end up doing?

We had this situation when we moved to the US, my DH’s home country. He went ahead of us and started a new job so he could prove that he had income over there to sponsor us.*

No question was ever asked about dh's job or his income. Not for a spouse visa.

oOiluvfriendsOo · 24/05/2024 14:06

Shardonneigghhh · 24/05/2024 13:50

@oOiluvfriendsOo staff shortages in healthcare have increased greatly due to Brexit.
It's the responsibility of the trust to recruit a good calibre of staff, surely? Isn't the issue you are referring to down to poor recruitment, as opposed to immigration policy?

We have lots of different cultures, hard working people, no issues there.
The last intake from a certain country has given us a huge amount of uninterested, inept, unsafe workers some only there until they can move on to something better paid. So staffing levels will decline once again.

I totally get your point about NHS recruitment. It seems the recruitment process is no longer as tough as it was even just pre covid.

Shardonneigghhh · 24/05/2024 13:50

@oOiluvfriendsOo staff shortages in healthcare have increased greatly due to Brexit.
It's the responsibility of the trust to recruit a good calibre of staff, surely? Isn't the issue you are referring to down to poor recruitment, as opposed to immigration policy?

OP posts:
BruFord · 24/05/2024 13:50

savoycabbage · 24/05/2024 13:12

I got caught up in this ten years ago.

I got married in the Uk to a non eu citizen living and working here. We got married and had children and then we went to live in Australia. When we wanted to come back to the UK I couldn't get him in as I wasn't earning £16800.

I had been married thirteen years by the time we applied and we had two children. Dh is a really high wage earner both before we left the UK and while we lived in Australia but none of his income counted. It is only the UK spouse's income.

@savoycabbage I suppose the assumption is also that your DH would no longer be earning a high income though when he moved to the UK, because he’d leave his job? What did you end up doing?

We had this situation when we moved to the US, my DH’s home country. He went ahead of us and started a new job so he could prove that he had income over there to sponsor us.

TreadSoftlyOnMyDreams · 24/05/2024 13:48

Well the consequences are that Visa applications for NHS roles have apparently fallen off a cliff. The answer is to pay nurses and carers a liveable wage to support a family though irrespective of where they come from.

I am minded to agree with the policy despite its disadvantages. It will create key worker shortages which should drive up demand and associated salaries. I do think it will protect British born women from exploitative marriages to some extent. At a minimum they need to be educated and earning a decent salary to bring over an overseas spouse so the motivation / demand to educate women properly may improve in families where it's not valued.

Or the NHS will find other locations to recruit desperate healthcare workers from cheaply. Hard to know.

oOiluvfriendsOo · 24/05/2024 13:45

poshsnobtwit · 24/05/2024 13:05

I'm on a (work related) social/council housing group on facebook. There is such hostility now to 'non locals' getting housing, and a very strong narrative of "if you're non white/Muslim/Ukrainian you'll get put to the top of the list". I read a post just yesterday saying that all the foreign engineers and doctors are coming here for free council houses, which I thought was quite amusing!

The government imo are causing the feelings towards 'non locals'.
I know of 12 council tenament flats, an entire building, that the residents were forced to move out of as they were 'being demolished'. Forced out because these people were happy in their homes.
Those fully furnished flats are now housing immigrants.

Where I work (hospital) we have had so many permanent and bank staff coming from overseas lately. There majority of these people have no interest in the job, and some even admit to that fact. They ignore patients buzzers, ignore requests to go to the toilet, will seek out the easiest patient for morning wash/shower etc, put patients at risk regarding mobility issues, will not listen when core staff try to offer advice which is crucial with regards to diet and mobility eg.
They seem to have a walking pace that they under no circumstances can go any quicker, not ideal in an emergency.
I could go on and on.......

Filling staff gaps with people who don't want to work is of no benefit to the rest of us.....it makes our day harder and staff morale is even lower than it was before.

No one can get bank shifts esp at night. There are very few on the app at any one time, yet the wards are full of bank staff. Night shift bank shifts are full of the new arrivals. How are they getting the shifts when non of the rest of us can as they haven't gone on the app.
These are some reasons why people aren't very welcoming.

OP posts:
Lacky301 · 24/05/2024 13:41

I've signed the petition even though this particular aspect doesn't affect me and dp. What is causing us alot of stress and financial problems is having to find almost £5000 including the scandalous Ihs even though dp is paying Ni through his wages.

Shardonneigghhh · 24/05/2024 13:38

@SummerFeverVenice what is the error?

It really does apply to the income of the uk spouse only. It's been responded to by Parliament. There is a petition with almost £100,000 signatures. People have been writing to their politicians. Many, many British people are affected by this.

-Spouses are living separately as they can't meet the income requirement
-couples with children are forced to live apart
-women are disproportionately affected as we earn less and often have caring responsibilities
-couples who have been living in the foreign spouse's country are unable to meet the uk requirement as the uk spouse cannot get an entry level job earning enough
-same sex couples who cannot safely life in the foreign spouse's country are unable to move to the uk either

OP posts:
Maddy70 · 24/05/2024 13:36

Isn't brexit wonderful. Having a terrible impact on families

Sunnyandsilly · 24/05/2024 13:34

I think it’s fair, as two people living on less than that will be a struggle in many places in th4 uk, and they shouldn’t be able to claim benefits.

SummerFeverVenice · 24/05/2024 13:32

Thank you, but I think that is an error in the briefing. The Gov appendix FM states
15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:
(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and
(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:
(i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by the person or their partner in the 12 months prior to the date of application;
(iii) The gross amount received from a UK or foreign State pension or a private pension by the person or their partner in the 12 months prior to the date of application; and
(iv)The person cannot combine the gross annual income at paragraph 15(b)(i)-(iii) with specified savings in order to meet the level of income required.
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Shardonneigghhh · 24/05/2024 13:30

@Meadowfinch

"It also protects vulnerable individuals with British passports from being used by unscrupulous partners simply to get a visa."

Only on low incomes. If the British passport holder earns over £38k this does not protect them. There are other ways of protecting the sponsors, currently there are steps in place where the applicant has to prove the relationship is genuine.

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Meadowfinch · 24/05/2024 13:25

The level has been set to cover the costs of the principle plus a dependent. £38,000 to support two people is realistic. The tax on that sum is their contribution to roads and infrastructure, policing, defence, local & central government, water, sewerage, power, housing etc.

That's what is costs for the principle to support their spouse without relying on benefits so it needs to be that high. . How else would they survive?

If the person migrating here has skills that are in short supply here, they could get a skilled worker visa of their own.

It also protects vulnerable individuals with British passports from being used by unscrupulous partners simply to get a visa.