The Home Secretary has lodged an appeal on the High Court decision on minimum income threshold
The decision in July 2012 the UK Border Agency (UKBA) to introduce a minimum income requirement for anyone wishing to sponsor a foreign partner, fiancee or spouse to enter the country on a UK settlement visa was widely criticised. It was not just the levels at which this threshold was set but the basic principle that outraged immigration charities and much of the public generally. The minimum income threshold was set at £18,600 for one applicant, with additional sums being required for every additional child. Because this was seen as having a serious adverse effect on family life and general liberties, three individual cases were brought before the High Court. The question at issue was whether the new rules were unlawful and discriminatory.
The High Court judgement which was released to the public in July 2013 was clear that it could not strike down the financial rules as they were not in essence unlawful, but they did recommend a more affordable minimum income threshold of £13,000 for one person as being a more reasonable level and nearer to the median income in the UK. As in all cases sent to the High Court, the Home Office in the person of Theresa May was given leave to appeal.
Until the High Court judgement on the appeal, which was filed on 26 July 2013, is announced, the UK Border Agency (UKBA) will continue to put UK marriage visa applications on hold. Fiancee, spouse/partner and child settlement visa applications will be affected but only where the decision would have been refused on financial grounds alone. Anyone affected will be informed as soon as possible. The UK Border Agency have made it clear that anyone needing to retrieve their passport during this holding period will have to reapply in the normal way.
The High Court judgement was given a cautious welcome by critics of the new financial rules but it is by no means certain what will be the outcome of the Home Office’s appeal. The strong message from the High Court that the minimum income threshold should be reduced may well be taken on board by the UKBA no matter what the new judgement turns out to be but meanwhile, with no date for judgement currently available, many visa applications remain on hold awaiting a decision.
