Minimum income threshold for family migrants
On the 5th July 2013, the High Court handed down its judgment in a Judicial Review of the minimum income threshold for spouses/partners and children applying in the family route.
The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment.
A Home Office spokesperson said: ‘Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We’re pleased that this judgment supports the basis of our approach.
‘We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.’
However, The Home Office today, 26th July 2013, filed its appeal against a High Court judgment on the minimum income threshold for spouses/partners and children applying in the family route.
The judgment affects non-EEA national spouses/partners and children applying to settle in the UK with someone who is already resident here.
The Home Office will continue to put on hold decisions in some spouse/partner and child settlement visa and leave to remain applications until the case is finally determined by the Courts.
A Home Office spokesperson said: ‘Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We are pleased that the High Court judgment of 5 July supports the basis of our approach.
‘However, we believe matters of public policy, including the detail of how the minimum income threshold should operate, are for the Government and Parliament to determine, not the Courts. We also believe the detailed requirements of the policy are proportionate to its aims. We are therefore pursuing an appeal against the judgment.
‘We have asked the Court of Appeal to expedite this. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.’
You will find the latest information on the Home Office Website
Tagged with: family migrants • family route • immigration • minimum income threshold • spouse visa • UKBA
Filed under: Exam, Visa & Immigration News