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Appeal Court rules Minimum Income Requirement for non-EEA spouses “lawful” (14 July 2014)

Date: 14/07/2014
Duncan Lewis, Legal News Solicitors, Appeal Court rules Minimum Income Requirement for non-EEA spouses “lawful”

A challenge to the government’s rules on minimum income thresholds for Britons wishing to bring a spouse or partner to live in the UK has been rejected by the High Court.

A ruling in July 2013 said that the rules were “unjustified” and onerous” to British citizens with a spouse or partner born overseas.

However, an appeal by the Home Secretary over the government’s Minimum Income Requirement (MIR) – which enables foreign-born spouses of British citizens to come and live in the UK – was allowed by the High Court.

The new rules were introduced in 2012 – however, two British citizens from Birmingham and one refugee have applied for judicial review of amendments made to the Immigration Rules, including the requirement that a British citizen earns a minimum income of £18,600 gross before their spouse or partner from a non-European Economic Area (EEA) country can come to the UK to settle.

Despite the challenges to government amendments to the Immigration Rules, three High Court judges – Lord Justice Maurice Kay, Lord Justice Aikens and Lord Justice Treacy – agreed that the government’s rules on the minimum income threshold were lawful.

Lord Justice Aikens said that the amendments made to the Immigration Rules “created a requirement that a UK partner who wishes to sponsor the entry of a non-EEA partner must have a Minimum Income Requirement of £18,600 gross per annum – and additional income in respect of each child who wished to enter the UK.

“Various other new income and savings requirements were also introduced,” he said.

“The key question on this appeal is whether these provisions are unlawful, as being a disproportionate interference with the UK partners' European Convention on Human Rights (ECHR) Article 8 rights (the right to a private and family life)."

However, the panel of judges agreed that the Minimum Income Requirement rules were lawful.

The government introduced the MIR regulations to ensure that couples with one partner born outside the EEA did not come to the UK without adequate financial support as part of the measures to reduce the UK’s benefits bill and prevent benefit tourism.

However, campaigners say the Appeal Court ruling last week will mean hundreds of couples and their children being forced to live apart as a result of not being able to meet the MIR.

Policy director at the Migrants Rights Network, Ruth Grove-White, said:

“This judgment will be devastating for the families who continue to be needlessly separated across borders.

“Many UK residents and British citizens have had their lives put on hold for over a year, often with no chance of seeing their loved husbands, wives or children during that time.

“These rules are a shocking infringement of the right to family life, as almost half of the UK working population earns below the required amount.

“Being able to start a family in your own country should not be subject to the amount of money you make.

“Today's judgment is not the end of the story, “ she added.

“We will keep campaigning for rules that respect the right of UK residents to live with their family – and hope that government will see sense and make the changes that are needed to protect these rights.”

The Home Office has welcomed the ruling, however.

“The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK was introduced in July 2012,” a statement read.

“It aims to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.”

As a result of the ruling, the Home Office said that from July 28, a total of 4,000 people with outstanding applications to join a spouse or partner in the UK would now receive a decision.
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