Minimum income threshold for family migrants

[Terpe]

26 July 2013

The Home Office today, 26 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.'

For further information please see the partners and families page.

Source:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/51-min-income

[Terpe]

For completeness here's the latest write-up on the UKBA webpage for Partners and Families

Minimum income threshold for family migrants

26 July 2013


Today, 26 July 2013, the Home Office filed its grounds of appeal against the 5 July High Court judgment in a legal challenge to the minimum income threshold for spouses/partners and children applying in the family route.

This applies to 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. It has asked the Court of Appeal to expedite its appeal.

The hold on decision-making applies to applications made under Appendix FM to the Immigration Rules where the application would be refused solely because the rules relating to the minimum income threshold are not met, including where relevant the evidence requirements in Appendix FM-SE.

The same approach is being applied to a small number of adoption cases which would be refused on this ground alone.

Applications which meet the Rules or which fall to be refused on other grounds, such as requirements for English language or a genuine and subsisting relationship, will continue to be processed and decided as normal.

Can I still submit a spouse/partner or child application under Appendix FM?

Yes. You can continue to apply, but you should take into account the fact that if the income threshold is the only requirement you do not meet, the Home Office will put your application on hold until the legal challenge is finally determined by the Courts.

Can I still submit my application in person at a public enquiry office in the UK?

Yes, but you should take into account the fact that if the income threshold is the only requirement you do not meet, the Home Office will put your application on hold until the legal challenge is finally determined by the Courts.

What happens if my case is on hold and I want to withdraw my application?

If you have already applied and now wish to withdraw your application, you may do so. The Home Office will not refund your application fee.

What happens if my case is on hold and I want to get my passport returned because I need to travel?

If you are applying from overseas, you may contact the relevant visa post to request the return of your passport to travel, while your application remains on hold.
If you are applying from within the UK and wish to travel outside the Common Travel Area, you may contact the Home Office to request the return of your passport but the Home Office will treat your application as withdrawn. We will not refund your application fee.

How long will cases be put on hold?

Until the legal challenge is finally determined by the Courts. The Home Office has asked the Court of Appeal to expedite its appeal, but it is a matter for the Court how quickly the appeal is considered. It may take several months at least.

What happens if I meet the income threshold requirement?

If we assess that you meet all the rules which apply to your case, including the income threshold requirement where this applies, your application will be granted.

Am I still required to meet the income threshold requirement or can I apply knowing that I do not meet it?

You can apply, but if the income threshold is the only requirement you do not meet, the Home Office will put your application on hold until the legal challenge is finally determined by the Courts.

Are all adoption cases affected?

No, only applications required to meet the minimum income threshold under paragraph 314(i)(a), 314(i)(d), 316A(i)(d) or 316A(i)(e) of Part 8 of the Immigration Rules made on or after 9 July 2012. Adoption applications which do not have to meet the minimum income threshold are unaffected.

Are other family categories affected, like adult dependent relatives or spouses on the two-year probationary period?

No, there is no effect on applications which do not need to meet the income threshold requirement. Those cases will continue to be assessed against the rules which apply to them.

Source:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/88-min-income-update

[Terpe]

So we all continue to wait and wait..............

[andy222]

Looks like the ukba are going to make some serious money out of this. Yes you can apply but when they get the ruling they want its refusals all the way and bang goes your visa fees. Thats how I see it.

[Terpe]

Looks like the ukba are going to make some serious money out of this. Yes you can apply but when they get the ruling they want its refusals all the way and bang goes your visa fees. Thats how I see it.

But why would anyone apply when they don't meet the Financial rules :doh

Beats me.

[andy222]

But why would anyone apply when they don't meet the Financial rules :doh

Beats me.. Thats right boss maybe the ukba are building up hopes to get their visa money.

[Arthur Little]

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.

Source:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/51-min-income

Yes ... the Government - with the backing of *Parliament (as a *COLLECTIVE body, i.e., consisting of ALL political parties).

Which begs the question, how DID Parliament vote overall? And was the Government's motion carried by a substantial majority?

Here's my theory, for what it's worth:

Correct me if I'm wrong :icon_rolleyes: ... but wasn't this whole :idea: of creating Minimum Income Levels a craftily pre-planned, vote~catching exercise by a clutch of ambitious Tory individuals - biding their time until their party had been in power long enough to push the Bill through Parliament - with (they hoped) as little resistance as possible?

:yeahthat:! And the gamble clearly paid off ... :anerikke: ... simply because, :poke: Labour - along with its handwringing cohorts from each of the other political factions - lacked the backbone to mount any significant challenge.

[London_Manila]

Minimum income levels is all about producing fewer applications

Watch this minimum level rise upwards with time :cwm25:

[joebloggs]

i thinks its one case the gov will and have to win