# High Court finds minimum income requirement 'unjustified and disproportionate'



## emy2007 (Jan 20, 2013)

Hi does anyone know anything abt home office pausing the application for spouse if min income threshold not met? And the legal challenge on the min income threshold?
Thanks


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## nyclon (Apr 3, 2011)

What do you mean pausing?


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## AmyD (Jan 12, 2013)

If the minimum threshold is not met, the application will be refused. There is no "pausing".


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## Joppa (Sep 7, 2009)

You mean Home Office will delay deciding on a case because of impending legal challenge?
Not true and highly unlikely. The government is confident that the minimum income requirement doesn't break any UK or European law and will defend tooth and nail any attempt to lower it, as it's a pivotal part of reducing immigration.


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## suraj4utd (Mar 22, 2013)

*High Court judgment on minimum income threshold for family migrants*

Finally there is a hope for all of us affected by the income threshold!!

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.


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## suraj4utd (Mar 22, 2013)

UK Border Agency | High Court judgment on minimum income threshold for family migrants 

Link to the UKBA site

bbc news story - BBC News - UK visa rule challenge rejected by High Court


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## emy2007 (Jan 20, 2013)

Hi this is on Ukba website... On news and updates posted today!!


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## Joppa (Sep 7, 2009)

In a lengthy judgement running to hundreds of pages, Lord Blake sitting in the High Court has criticised the minimum income rule as 'unjustified and disproportionate' where the sponsor is a British national or a refugee.
While this judgement doesn't automatically cancel the financial requirement, as it only applies to the case presented to the court, it's possible that Home Office will modify the rules and either lower the threshold (currently £18,600), allow third-party support or take into account the migrant's earning capacity in UK.
Home Office has decided to 'pause' on decisions of those cases whose only reason for rejection is failure to meet the financial requirement, until they have come up with an official response. It's possible that the government may appeal against the judgement, or change the rules. We shall wait to see.


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## abidabzhussain (Jan 24, 2013)

so the cases which are already in the BHC , being processed and meet the threshold ? 
they will be processed as normal ?


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## MacUK (Jul 3, 2012)

It will take time, if they do indeed change the income threshold, to implement the new rules.
I absolutely hate to be a sceptic, but I don't think it will happen any time soon. Besides, those of us who were already granted spouse visas will have to abide by the rules which were in force when we made our applications, probably. 
We'll just have to wait and see.


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## abidabzhussain (Jan 24, 2013)

MacUK said:


> It will take time, if they do indeed change the income threshold, to implement the new rules.
> I absolutely hate to be a sceptic, but I don't think it will happen any time soon. Besides, those of us who were already granted spouse visas will have to abide by the rules which were in force when we made our applications, probably.
> We'll just have to wait and see.



It should not take a lot of time though.. as all settlement visa applications which don't qualify for threshold will be on hold ( not rejected nor accepted but on pause ).

It will create a back log within Home office.


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## holborn (Jan 31, 2013)

BBC News - UK spouse immigration rules 'unjustified', High Court says


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## Joppa (Sep 7, 2009)

abidabzhussain said:


> so the cases which are already in the BHC , being processed and meet the threshold ?
> they will be processed as normal ?


Yes. Only those failing solely on financial requirement (i.e. not enough income) will be put on hold, and those who fail on other grounds will be refused.


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## abidabzhussain (Jan 24, 2013)

i do not think anyone would have already applied without meeting the threshold... that was a certain rejection before today's ruling... 

and new applicants would like to wait for things to clear up if they dont meet threshold , otherwise applications can be on hold till a decision is made on threshold.


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## Hertsfem (Jun 19, 2013)

Am I right in saying that the judgment is not only on the income threshold but the documents required also included in this judgement?

My son meets the financial requirements as he earns £23 000 per annum, however does not as yet have the 6 months worth of pay slips and bank statements...


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## Joppa (Sep 7, 2009)

Don't know yet.


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## Hertsfem (Jun 19, 2013)

Thank you Joppa


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## Sel (Mar 17, 2013)

I pray that something happens with the income because I'm becoming seriously ill working 60+ hours a week.


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## mantina (Jul 9, 2013)

The Home office has filed its appeal on July 26, against the judgment passed by High court on July 15, 2013 over the minimum income threshold rules for non EEA nationals like spouses, partners and children of UK residents, applying to settle in the UK.

The applicants who apply under Appendix FM of the immigration rules and do not meet with the minimum income threshold rules, while the other requirements are fulfilled, their applications will be put on hold until the court decides the case.

The applicants who meet the minimum income threshold requirements but can be refused on other grounds, their applications would be dealt, and processed as normal.

Note: The home office has asked court to expedite this case.


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## nyclon (Apr 3, 2011)

Never mind. Found the answer.


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## Joppa (Sep 7, 2009)

The outcome of Home Office's appeal isn't expected for several months, so in the autumn at the earliest. So if you don't want your application to be put on hold, make sure you can meet the current requirement with the correct evidence supplied, or wait until you do and see whether there are further clarifications on the rules.


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## bsandeepan (Jul 22, 2013)

What do you people think would be the result of all this


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## saif_ta (Mar 15, 2013)

it seems that it will take time to get the exact answer


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## Sel (Mar 17, 2013)

Does anyone know how likely it is for the rules to change??


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## Joppa (Sep 7, 2009)

No idea. The Court of Appeal will decide, and then it's up to the Home Office how the rules are to be modified.


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## Sel (Mar 17, 2013)

Joppa said:


> No idea. The Court of Appeal will decide, and then it's up to the Home Office how the rules are to be modified.


Message understood, well they changed the age requirement last year. So it could and that is a big could that theres a little hope.


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## Joppa (Sep 7, 2009)

Look. The financial requirement is central to the government's effort to reduce migration, and it's already showing that it's having a desired effect. They won't change it in a way that will undermine their endeavour, so they will fight tooth and nail to retain most of it.


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## Sel (Mar 17, 2013)

Joppa said:


> Look. The financial requirement is central to the government's effort to reduce migration, and it's already showing that it's having a desired effect. They won't change it in a way that will undermine their endeavour, so they will fight tooth and nail to retain most of it.


Yeah I know exactly they need something in place UK is small and to many people are living here. They don't have money to give away to people on benefits like they used too. Personally I don't mind I would work 60+hours a week I will do anything to live my life with the person I love. motorviation is the best policy


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## saif_ta (Mar 15, 2013)

mmigration Minister Mark Harper said:

" We are pleased that the High Court judgment supports the basis of our approach, but we are appealing against its judgment as we believe matters of public policy, like the minimum income threshold, are for the government and Parliament to determine, not the Courts.

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. "

some says that appeal won't change anything and in the end home office will cancel the rule of minimum threshold or maybe drop it to 13.000£ and others says the final word is for home office whether they win or lose the appeal !! , im really confused could anyone make it clear on what could home office do after appeal if they lose the appeal and what if they win and what is theirs chances to win appeal thank you


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## Joppa (Sep 7, 2009)

No idea. We are in an uncharted territory. This is the first legal challenge against the family route change of July 2012. If Home Office's High Court appeal fails, they will probably appeal to the Supreme Court, which means further delay.


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## JMC1990 (Apr 9, 2013)

I wish this meant that any application denied in the last couple months because of financial requirements alone would be allowed reevaluation/acceptance, but I highly doubt it.

I do understand that so many people abuse the system and immigration to the UK is rampant, that the country is small to begin with. It's just disheartening when two hard-working people, like my husband and I, who have never used public funds, must be separated because of this requirement. He was living comfortably on his pay alone (which of course was slightly less than the requirement). If I had been granted a marriage visa and began work upon arriving in the UK, that would have been two payslips coming in - more than enough to live comfortably and then some.

But anyway, it does seem useless trying to fight the system. I'm sure another $1400 will be required to apply. Fortunately he'd been living on a green card here for the past few years so we didn't have to be permanently separated like some, but it's our dream to start a life in England so we'll try again eventually!


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## flowered (Aug 1, 2013)

why they dont simply let the new migrants thats their income is between 13000 and 18600 sign on a formal give up on public funds during their settlement in the UK...


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## Joppa (Sep 7, 2009)

Because they'd rather want those people not being admitted into the country in the first place.


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## suziechew (May 1, 2012)

how on earth do they think that if u don't have the earnings to meet the threshold ,that u would have the savings? I mean ..really ..we save all year so my fiancé can visit me for a few weeks once a year ,that's if his job allows him to take all his holidays at once ,we have been doing this for 4 years and every time he goes home it breaks my heart knowing I cant see him for another year ,even if they did change it to the £13 k I still would not be able to afford it so I need to have a huge amount of savings ,which I don't have or have any chance of getting .so end of the day im being made a victim of circumstances ,in that im poor . under the old 3rd party sponser I would have made it .And if he was allowed in and was given a work permit so he can work (also he would gladly sign a waiver to public funds )I would be able to come off tax credits ,so the government would be better off !


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## Hertsfem (Jun 19, 2013)

I understand what you are saying and feel for you, however they have changed the financial requirements to keep immigration figures down and it's working. Do you really think they care about anyones circumstances?


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## suziechew (May 1, 2012)

nope I don't think they do but I also think it isn't working as figures are showing that the people applying for EEA FP has gone up and so more people are using this route and it shows as the ukba has now started to charge a fee for this , £55 which is not a huge amount compared to £900 for a visa . but successful spouse visas have dropped I cant deny it .


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## SalmonOllie (Oct 13, 2013)

I can't believe this is still going on and no hearing has happened yet..

Whilst I'm earning Circa £60k p/a.. I still fall under this threshold as my employment status was changed from Contractor (employed) to Sole Trader.. meaning last financial year I could only count 2 months of my wages amounting to £11k. And apparently the fact that I have had over 20k savings for 6 months means nothing either according to my solicitor.

I feel absolutely left out in the cold; it was enough of a breach on my human rights to be told to get married on our fiancée visa in a hurried fashion. Never mind the fact that in order for my fiancée to be with me in the UK we'll need to go and essentially elope to a EU country for a few months.

Absolutely atrocious 

Samantha/Ollie


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