Lawfulness of a minimum income threshold upheld

Jul 14, 2014

Court of Appeal judgement upholds lawfulness of minimum income threshold 

On the 11th July 2014, the lawfulness of a minimum income threshold was upheld by a Court of Appeal judgement under new family migration rules.

In July 2012, changes were made to immigration rules for British citizens who wanted to sponsor a non-EEA spouse or partner/children to come and live in the UK. Notably, a minimum income threshold was introduced for sponsorship applications.

The independent Migration Advisory Committee suggested that the income threshold should be set at £18,600 for a spouse/partner. This would increase to £22,400 for sponsoring a child and an extra £2,400 for every additional child applying.

A High Court judgement in July 2013, which found that the impact of the minimum income threshold may be disproportionate on family life, was overturned on the 11th July 2014.

This judgement will mean that previous cases which met every requirement excluding the minimum income threshold, could be refused unless there are extenuating circumstances. The 4,000 individuals with applications on hold will now receive a decision from the 28th July onwards.