Strict ‘family visa’ rules for couples returning from France under review in UK

The UK government is reviewing strict ‘family visa’ rules which limit the chance for mixed UK and non-UK national couples to move (back) to the UK.

For a Briton living abroad to move to the UK with a foreign national spouse, the UK’s rules (which apply to EU citizens post-Brexit) require the family to meet means tests. However, only income from UK jobs and self-employment is accepted, along with non-work income such as pensions or rents.

This may mean the Briton having to move back and establish themselves in work, before the spouse can apply to join them, based on the income of the Briton. Savings above £16,000 can also help.

Read more: Can over-65s become French citizens without passing language tests?

Basic threshold

Formerly set at £18,600, the basic threshold rose to £29,000 in spring 2024 (it is higher if foreign children are also coming) and the Conservatives planned to further raise it to £38,700, the same as for ‘skilled workers’ from abroad. However, the rate is frozen and under review.

The government asked independent body the Migration Advisory Committee (MAC) to report on the issue and is now considering its findings.

The report advises that most countries set comparable rates “substantially” lower than the UK, with the French rate estimated to be £18,182. The MAC says there is no justification for setting the level at the ‘skilled worker’ rate, which risks clashing with the European Convention on Human Rights, with regard to respect for family life.

It said one option would be lowering the level to one (around £23-25,000) based on the main earner having a job at least at the UK minimum wage.

However, in setting the rate the government would have to balance effects on families with effects on net migration and the economy, the MAC said.