# Supreme Court Appeal: Spouse Visa



## UKpak (Jan 4, 2013)

Does anyone know the timeline for the appeal against £18,600 rule. Trawled online could not find answer.

Apparently, the income threshold was to be appealed against at high court or supreme court in January or February. 

Also, from october 2013 the applicant for a spouse visa needs to pass Life in the U.K test and English language test. Is this post flight? If the application was made in another country would they have to pass it there or soon as they land off the plane here in the U.K.


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## UKpak (Jan 4, 2013)

"Word on the street" is, that the £18,600 rule will be abolished in April.


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## BronwynBean (Nov 20, 2012)

You mean the financial requirement?


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## 2farapart (Aug 18, 2011)

The Life In The UK Test only needs to be passed in order to secure an Indefinite Leave To Remain visa or to become a British citizen. This test is taken within the UK at various different testing centres. It's not needed for a spouse visa. However, the English Language tests are needed for all settlement visas if you are from any country not excluded from the requirement (see http://www.ukba.homeoffice.gov.uk/v...led/spouse-cp/can-you-apply/english-language/ for more info). All these tests have always been a requirement, but the pass level of the English Language test is set to increase from a pass at A2 to B1 or above from October 2013 onwards. The Life In The UK test is also tabled for a rewrite to make it more "relevant and cultural" (ie more difficult and more absurd than it is already). I don't know the due date of this rewrite though; it's something 'in the works' currently.

As to the appeal against the £18,600 ruling, I've no idea. I doubt it being successful to be honest because visa requirements for settlement in the UK are still not as harsh as many other countries (including within Europe). The amount itself isn't a great wage for two adults living in the UK with typical housing costs to bear, but it doesn't allow for couples who won't have any housing costs, it offers no variation for different countries where the equivalent salaries earnt are no match for the UK's average salaries, nor does it account for UK citizens who typically end up in less well-paid jobs (women generally, and people not young enough or qualified enough to fit into the 'shiny new graduate' category are good examples). The rule doesn't allow for the fact that the non-UKC might be able to secure a good job. But the Home Office wanted a simpler system to reduce the time it takes for caseworkers to decide outcomes, and also wanted to make it tougher in order to reduce net immigration generally (they have been slightly successful but need to do more in order to meet their election promise). So I would be surprised if the appeal is won, but it would be nice to see a bit more flexibility in how it's applied.


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## Joppa (Sep 7, 2009)

I doubt very much. Much more likely is that £18,600 will be uprated with inflation, so if the current inflation of 2.7% is applied, it will rise to around £19,100.

No news about high court hearing. It's talked about but I don't know if the court time has been found.


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## nick965 (Jan 2, 2013)

*soon as they land off the plane*



UKpak said:


> Does anyone know the timeline for the appeal against £18,600 rule. Trawled online could not find answer.
> 
> Apparently, the income threshold was to be appealed against at high court or supreme court in January or February.
> 
> Also, from october 2013 the applicant for a spouse visa needs to pass Life in the U.K test and English language test. Is this post flight? If the application was made in another country would they have to pass it there or soon as they land off the plane here in the U.K.


It is possible to visit the UK with family visit or general Visa, to take the English language test then 
return and submit spouse application from another country, it can be difficult to get the piece of paper that proves you speak English in the another country.

UKBA only wants the correct pieces of paper


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