Home Office appeals High Court’s decision on family income threshold

The Home Office has 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.

The income threshold was set, following advice from the independent Migration Advisory Committee, at £18,600 for sponsoring a spouse/partner rising to £22,400 for those also sponsoring a child and an additional £2,400 for each further child.

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.”

Immigration Minister Mark Harper said: “We welcome those who wish to make a life in the UK with their family, work hard and make a contribution but family life must not be established here at the taxpayer’s expense.”

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