Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to his oral contribution of 4 December 2023, Official Report, column 41, if he will make an assessment of the potential merits of establishing a statutory right for British citizens to be joined by their non-UK spouse or partner on a family visa.

The announcements made on 4 December relate solely to the level of the minimum income requirement (MIR). There are no current plans to make any changes to the rules regarding job offers or third-party support, although we keep all our rules under review.

British citizens and those settled in the UK are free to enter into a genuine relationship with whomever they choose, but if they wish to establish their family life in the UK, it is appropriate they should do so on a basis which prevents burdens on the taxpayer and promotes integration. This is fair to migrants and to the wider community.

Support from a third party cannot generally be counted towards the MIR. The applicant and their partner must generally have the required resources under their own control, not somebody else’s.

Under the Immigration Rules, consideration of other credible and reliable sources of income, financial support, or funds available to the couple, may be taken into account where an applicant is unable to meet the MIR and refusal of an application for a partner visa could otherwise breach Article 8 of the European Convention on Human Rights. This may include credible prospective earnings from employment based on a confirmed job offer in the UK. Full details of the circumstances of when such a confirmed job offer or third party support may be considered as counting toward the MIR can be found in the published guidance at Gov.UK.