In an increasingly international world, immigration shapes the lives of many families in ways that are not always immediately apparent. It can touch every stage of family life: from the moment two people meet, to the decision to build a home together, to the question of what is passed on to the next generation.
A Familiar Story
Consider a common scenario: a British citizen or person who is settled in the UK meets their partner outside the UK. After navigating a long-distance relationship – or perhaps having been living abroad themselves at the time – the couple decide that the UK is where they want to build their future together.
Many people could be forgiven for assuming that a partner of a British or settled person is automatically entitled to come to the UK, or that whilst some requirements may exist, they will be minimal and straightforward. In reality, for many international couples, the visa process is neither quick nor simple.
Defining the Relationship
The first step is ensuring the relationship meets the Home Office’s definition of ‘partner’ – that is, a spouse, civil partner, unmarried partner, or fiancé(e). For unmarried partners, there is an additional requirement: demonstrating that the couple has been in a committed relationship for a minimum of two years.
Historically, this meant evidencing two years of cohabitation prior to the application. Whilst the requirement has since been relaxed to showing a ‘genuine and subsisting relationship’ of two years’ duration, any periods during which the couple did not live together will still need to be explained. This is particularly important because, in making the application, the couple is declaring an intention to begin living together from the date it is approved. Those who have not previously cohabited will therefore need to take particular care in demonstrating the authenticity of their relationship and explaining why it is consistent with that future intention.
This is a consideration for couples living in different countries, those who have not lived together for cultural or religious reasons, and those who share a country but not an address.
Additionally, in the age of social media and online relationships, there may be couples who have never met in person. The current requirements do not accommodate such a modern dynamic and individuals should be aware that, as a minimum, the Home Office will expect both parties to have physically met.
The Financial Requirement
Once the eligibility of the relationship is established, the couple must then satisfy the remaining requirements for a spouse or partner visa. For most applicants, the most significant of these is the financial requirement.
Currently, applicants must demonstrate access to a gross annual income of at least £29,000, or cash savings of at least £88,500. The Home Office will assess the six-month period immediately preceding the date of application to confirm that the required income or savings have been consistently received or held throughout that period.
It is worth noting that the overseas employment of the applicant cannot be used to meet the income threshold for the initial entry application, meaning that if the British or settled partner has not been in employment whilst living abroad, relocation plans and timelines may need to be reconsidered accordingly.
Proposed Threshold Increase
In December 2023, the then-Government announced plans to increase the income threshold to £38,700. Whilst the original intention was for this to take effect by early 2025, there have been no recent indications that this increase remains in the pipeline under the current Government. However, for many couples, the current threshold is already a significant barrier – one that would only become harder to meet should the increase eventually be introduced.
Challenge for High Net Worth Applicants
For couples with significant wealth, the financial requirement can present a different but equally frustrating challenge. Under the current rules, the Home Office will only accept evidence of cash funds which are immediately accessible, not other assets of the same value. This means that even where an applicant can demonstrate substantial wealth through investments, property, or other assets that far exceed the minimum threshold, those funds are expected to have been liquidated and held as cash at the time of application.
In the current global climate, with economic uncertainty and geopolitical tensions affecting the market worldwide, this requirement can place applicants in a frustrating position. Many find themselves either selling assets at a loss or restructuring their finances in ways that are incompatible with their long-term investment strategy, simply to meet the requirements for a spouse or partner visa even though – in practice – they would have no issue maintaining their partner in the UK.
The Next Generation
For couples who successfully navigate the visa process, many find that immigration’s influence on their family does not end there. For parents of different nationalities, questions of citizenship, and what can be passed on to their children, can be equally complex.
Where a British citizen or settled person has a child born in the UK, the position is generally straightforward. However, the picture may be considerably more complicated in other circumstances, for example, where a child is born outside the UK, adopted overseas, born via surrogacy, or where children from a previous relationship are looking to settle in the UK with a step-parent. In each of these situations, the acquisition of citizenship is not necessarily guaranteed.
It is also worth keeping in mind that many countries do not permit or place restrictions on dual citizenship, which can have a direct impact on questions of shared nationality within a family.
When Relationships Change
Finally, immigration considerations also remain relevant when relationships change. Where parents separate and one wishes to relocate to the UK with a child, the question of consent plays a key role in determining available immigration options. Equally, relationship breakdown can have direct implications for an individual’s own immigration status and any options need to be considered at the earliest opportunity – during what is likely to be an already difficult time.
The scenarios outlined above illustrate that immigration touches more aspects of family life than is often appreciated. Each family’s circumstances are different, and understanding how the rules apply to your specific situation is an important first step.
