UK visa guidance for non-EU spouses retracted by Home Office

Comments by Sanwar Ali:

The income requirement for spouses of British citizens and permanent residents has been highly controversial.  There are many who do not meet the income requirements and so families are left apart in different Countries.  In addition, if there are children as well who need to gain entry to the UK the income requirements are higher.  The interesting thing is that it is much easier for temporary UK visa holders and EU citizens who are not permanent residents to bring in their partners into the UK. 

Partners of UK citizens and residents have to endure what is an expensive and complicated process.  If you do not meet the income requirements just based on salary, for example, trying to work out alternative ways in which to try and meet the requirements is not that easy.  Obviously, for many after looking at all sources of income as well as savings it is still not possible to meet the income requirements.

Priti Patel the Home Secretary who is the head of the Home Office is of Indian ancestry.  UK Visas and Immigration are part of the Home Office.  Her parents felt persecuted in Uganda and decided to leave for the UK in the 1960s.  She admitted in an NBC radio interview in February 2020 that new post-Brexit immigration rules may have prevented her parents from emigrating to the UK. 

The Home Office has been blasted for its ‘bureaucracy and incompetence’ after issuing guidance stating that non-EU spouses of UK nationals would not be disadvantaged if they fail to meet the income threshold conditions tied to their UK visa amid coronavirus, only to retract the guidance hours later.

Thousands of families across the UK fear being torn apart as a result of job losses during lockdown, which means non-EU spouses of British citizens will fall short of the earnings requirement that makes them eligible for UK spouse visas. The current income threshold is set at £18,600 per year.

On 8 June, the Home Office published guidance on its website saying that ‘couples reliant on spouse visas, who have suffered a loss of income due to coronavirus, will not be disadvantaged.’ The government agency added that earnings prior to the COVID-19 crisis would be taken into account and not just salaries during the pandemic.

For spouse visa holders who have been furloughed, the Home Office has said it would treat the income of spouse visa holders as if they we’re earning 100 percent of their wage.

UK visa Guidance removed   

However, at approximately 9.40am on 9 June, the guidance was removed from the Home Office website, leaving people baffled and raising fresh concerns over poor Home Office communication concerning changes to UK immigration rules, especially during the coronavirus crisis.

The guidance has since been republished. However, reference to spouse visa holders ‘not being disadvantaged’ no longer features in the guidance, but the policy change remains the same.

The Home Office’s latest instance of poor communication has been described as a ‘complete farce.’ Amid uncertainty among migrants in the UK, the Home Office is adding to the stress felt by so many because of haphazard, ‘here-today-gone-tomorrow’ alerts. Critics have said that any action the agency takes is ‘communicated very badly.’

Home Office sparks fury

In May, the Home Office sparked fury among much of the UK’s migrant community and among immigrant advocacy groups by suggesting that UK spouse visa holders could ‘rely on investments and cash savings’ in order to comply with income requirements, should they have lost their job during the coronavirus crisis. Obviously after looking at the complicated and confusing guidance on the income requirements and looking at sources of funds, many people will still not meet the requirements.

Family reunion campaigner at the Joint Council for the Welfare of Immigrants (JCWI), Mary Atkinson, said: “Families have endured three months of anxiety about their futures because the Home Office has refused to suspend its income requirements during the pandemic.

“Just as it seems that there will be light at the end of the tunnel for some, the Home Office somehow managed to lose its updated guidance overnight. No family should have their future left hanging in the balance because of this bureaucracy and incompetence.”

The Independent reportedly approached the Home Office for comment, but a response is yet to be made.

Latest coronavirus updates, visa and immigration restrictions

For the latest updates on the coronavirus, plus details of visa and immigration restrictions worldwide, check Workpermit.com’s news feed to stay informed.

To apply for a UK visa extension amid the coronavirus pandemic, see this recent Workpermit.com news report.

Workpermit.com can help with Tier 2 Visa Sponsor Licence and Tier 2 Visa

If you need help with a Tier 2 visa, or a Tier 2 Sponsor Licence, including help with complying with your Tier 2 Sponsor Licence obligations, workpermit.com can help.

For more information and advice on Tier 2 Sponsor Licences, UK immigration law and UK visa applications please contact us on 0344 991 9222 or at london@workpermit.com