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PRACTICE NOTES
This Practice Note considers the minimum energy efficiency standards (MEES) for the domestic private rented property (DPR)under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962. It focuses on the prohibition on letting or continuing to let substandard domestic private rented property. It is part of our series of Practice Notes on MEES. For an overview of the background to the development of MEES, see Practice Note: Minimum energy efficiency standards (MEES) in the private rented sector—snapshot. Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 made under EnA 2011 have two main requirements in relation to domestic private rented (DPR) property: • tenants’ rights to request consent for energy improvements—from 1 April 2016, tenants DPR property have a right to request consent for energy efficiency improvement measures which may not be unreasonably refused by the landlord where financial support is available, see Practice Note: Minimum energy efficiency standards (MEES)—domestic tenants’ energy efficiency improvements, and
GLOSSARY
Minimum income that the state guarantees a pensioner will receive.
PRACTICE NOTES
This Practice Note looks at the general principles as to whose and what income can be relied on in order to meet the minimum income threshold under the five-year route when relying in whole or in part on employment income. It should be read in conjunction with the Practice Notes: Minimum income threshold: Categories A and B: employment—step by step and Minimum income threshold: Categories A and B: employment—specified evidence. Whose income can be relied upon? For entry clearance applications for applicant partners, only the employment income of the sponsoring partner can be relied on. The same applies to an entry clearance application by any child of the applicant partner who is applying at the same time as them. If a child is applying for entry clearance after the applicant partner has already obtained limited leave and is in the UK and working legally, the applicant partner's income from employment can be included, as can the employment income of any other dependent child of the applicant partner provided
PRACTICE NOTES
This Practice Note sets out a table of the specified evidence that is required in order for a person's employment income to be relied upon towards meeting the minimum income threshold under the five-year route to settlement in Appendix FM of the Immigration Rules. The table must be read in conjunction with the following Practice Notes: • Minimum income threshold: Categories A and B: employment—step by step—which looks in detail at whose, what and how employment income can be relied upon, and • Minimum income threshold: what you need to show and the general operating principles—which sets out further details on what income can be relied on and the general requirements for the format of specified evidence The specified evidence for income derived from employment sources is primarily found in the Immigration Rules, Appendix fm-SE, paras 2‒6. Where the table notes that certain documents are not mandatory but recommended, this refers to the provisions of the Immigration Rules, Appendix FM-SE, para 2A. Such documents can be submitted
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements, and a further announcement is expected in late 2025. For further information, see Practice Notes: Immigration—horizon scanner and 2026 Immigration tracker. Relying on employment income may be the most common way of meeting the minimum income threshold under the five-year route to settlement, but it is not necessarily the most straightforward. Given the various types of employment and the multiple scenarios that may be relevant,
PRACTICE NOTES
This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route to settlement when relying in whole or in part on income derived from self-employment. The Immigration Rules treat directors and (for decisions taken on or after 6 April 2017) certain employees of 'specified limited companies' as if they were self-employed for these purposes and as regards which other income can be combined towards meeting the threshold, so all references to self-employment and self-employed person(s) also apply to persons who fall within this class. As with the other sources of income that can be relied upon towards the financial requirements, self-employment income is assigned lettered categories in the guidance that deals with the financial requirements of Appendix FM, and in the relevant application forms. These categories are not referred to in Appendix FM or Appendix FM-SE, although the different ways that the income source can be relied on are set out there, and this forms the basis
PRACTICE NOTES
This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route for settlement when relying in whole or in part on income derived from permitted non-employment sources. As with the other sources of income that can be relied on, non-employment income is assigned a lettered category (C) in the guidance that deals with the financial requirements, and in the relevant immigration forms. These categories are not referred to in Appendix FM or Appendix FM-SE of the Immigration Rules, although the requirements that underpin the split into categories are. A summary of the categories is set out in: Family immigration financial requirement—quick reference checklist. Whose non-employment income can be relied on? Specified non-employment income of all or any of the following persons can generally be relied upon to meet the minimum income threshold: • the applicant partner • the sponsoring partner, and • in the case of applications for leave to remain by a partner, any dependent child of the applicant partner or sponsoring partner (or, in the case
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP announced on 30 July 2024 that the Migration Advisory Committee was to be commissioned to review these financial requirements, and any further rises would not proceed until then. For further information, see Practice Notes: Immigration—horizon scanner and 2026 Immigration tracker. This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route for settlement under Appendix FM, when relying in whole or in part on cash savings. As with other sources of funds
PRACTICE NOTES
This Practice Note looks at the requirements for applications which rely in whole or in part on income derived from pension sources in order to meet the minimum income threshold under the five-year route to settlement under Appendix FM. As with the other sources of income that can be relied on, pension income is assigned a lettered category (E) in the guidance that deals with the financial requirements, and in the relevant immigration forms. These categories are not referred to in Appendix FM or Appendix FM-SE of the Immigration Rules, although the requirements that underpin the split into categories are. Gross annual income from any state (whether UK basic state pension and additional or second state pension, or pension received from an overseas pension authority) or private pension received by either the applicant partner or the sponsoring partner can be counted towards meeting the minimum income threshold. This is the case for entry clearance applications and applications for further leave to remain. War
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements, and following their report a further announcement on the financial requirement is expected in due course. For further information, see Practice Notes: Immigration—horizon scanner and 2026 Immigration tracker. One of the key changes introduced by Appendix fm was the introduction of financial requirements. For the majority of new applicants, the previous requirement to demonstrate ‘adequate maintenance’ has been replaced by a more stringent prescribed minimum income/savings requirement. For ease of reference
PRACTICE NOTES
This Practice Note looks at several key practical issues in relation to the minimum income threshold under Appendix FM: how to establish what the minimum income threshold is, and, in relation to five-year route applications, the general (non-category-specific) requirements that apply to the format of specified documents and the funds that an applicant can rely on. For details of the different requirements that apply where an applicant meets all of the five-year route requirements bar the financial requirement, but is able to meet the minimum income threshold using non-specified sources, see Practice Note: Appendix FM: exceptional circumstances cases under para GEN.3—Exceptional circumstances: para GEN.3.1: financial requirement. Establishing the level of income required From 11 April 2024 the minimum income threshold changed to £29,000. This is the minimum income threshold for new applications to this route made from 11 April 2024. For people extending their leave under this route, or for fiancés or proposed civil partners who applied before 11 April 2024 and are converting to a
GLOSSARY
From minimum pension age, members can enjoy their pension scheme benefits. They must take these benefits between the ages of 55 (prior to 6 April 2010, age 50) and 75. It is the earliest date at which a member can take retirement benefits, other than on grounds of ill-health.