High Court judgment on minimum income threshold for family migrants

05 July 2013

On 5 July 2013 the High Court delivered its judgment on a legal challenge to 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.

The pause 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.

A further announcement will be made in due course.

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 pause consideration of your application pending further consideration of the High Court judgment.

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 pause consideration of your application pending further consideration of the High Court judgment.

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

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.

If you are seeking the return of your passport to travel, you may do so but the Home Office will treat your application as withdrawn. The Home Office will not refund your application fee.

How long will cases be paused?

We will provide further information in due course.

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 pause consideration of your application pending further consideration of the High Court judgment.

Does this pause affect all adoption cases?

No. This only applies to 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.

Does this pause on decisions affect other categories like adult dependent relatives or spouses on the two-year probationary period?

No. This pause has 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/si...come-threshold