Spouse visa new rules: what actually changed for ILR

In force, proposed, or not happening

Immigration reporting tends to blend announcements with law. This table is the distinction that matters when you are deciding whether to apply.

The pattern is consistent: a measure is announced, consulted on, and then commenced through a statement of changes with a specified date. Until that commencement date, the previous rule applies. Any adviser who tells you a proposal is already law is guessing.

How the £29,000 is applied at the ILR stage

Three things are commonly misunderstood.

1. It is a household figure

Your income and your partner's income can be combined, provided both are lawfully earned and evidenced in the specified way. The applicant's income counts if they have permission to work.

2. It is assessed at the date of application

Evidence is drawn from the six months before you apply for salaried and non-salaried employment, or the last full financial year for self-employment. A strong year in 2023 does not help a 2026 application.

3. Savings bridge the gap, at a punitive rate

Every £1 of savings above £16,000 counts as £2.50 of annual income. A couple earning £25,000 needs £4,000 of shortfall covered: £4,000 × 2.5 = £10,000, plus the £16,000 disregard, so £26,000 in savings held for six months. Relying on savings alone at £29,000 requires £88,500.

Do the new rules affect applications already pending?

Generally no. An application is decided on the Rules in force on the date it was made, and a later change does not retroactively apply. That principle protects people who applied before an increase.

There are three situations where the date of application stops protecting you:

• You vary the application to a different route or add a dependant, which is treated as a new application for the varied part.
• You withdraw and reapply, which creates a new application date and a new fee.
• The Home Office requests further evidence after a rule change and the request is framed around the new requirement. This is rare but it happens, and it needs a prompt, documented response.

If your application is pending and your circumstances change — a job loss, a separation, a new child — tell your adviser before the caseworker asks. Silence is what turns a manageable issue into a refusal.

If you cannot meet the threshold

There is no discretion to waive the minimum income requirement because a refusal would be harsh. The exceptions are specific:

• Disability and carer benefits: where the sponsor receives certain benefits, the case is assessed on adequate maintenance rather than the £29,000 threshold.
• Savings: as above, at £2.50 per £1, held for six months or from a property sale.
• Other routes: a work visa, the parent route, or long residence may be available on their own terms. Each has a different qualifying period, so the comparison is rarely obvious.
• Timing: if a pay rise or a new contract starts in three months, waiting is often cheaper than a refusal, a fresh application and a second fee.

What does not work is submitting with a shortfall and an explanation. The requirement is a rule, not a guideline, and the fee is retained on refusal.

What is likely to change next

Two workstreams are live. The earned settlement consultation proposes a longer standard qualifying period and a contribution-based framework, and the government has said it will respond in due course. Separately, a higher English requirement for settlement has been announced for March 2027.

Neither changes the position for an application made today. Both are reasons to keep your evidence current and to avoid speculative applications based on what a future scheme might offer. If the Rules change before you apply, we update this page and date it; if they change after you apply, the date of application is usually what counts.

For the mechanics of applying, see the application process. For the fee, see fees and processing times.

Frequently asked questions