Thank you for constituents who have contacted me recently to
express their concerns over the minimum income requirement in our immigration
rules.
They mentioned an amendment to the Immigration and Social Security
Co-ordination Bill that is unfortunately out of scope and is therefore highly
unlikely to be considered by MPs in the next stage of the bill’s progress
through the Commons.
The bill primarily relates to our leaving of the EU and the ending
of the EU doctrine of free movement, as opposed to setting the rules for our
future immigration system.
That said, I fully understand the strength of feeling on this
matter and I have always made the case that at the Home Office needs to take
into greater consideration the interest of the family in its immigration
decisions. After Brexit we will be regain the ability to build a fairer and
more effective immigration system. Where there are genuine reasons for
immigration in the UK, such as for family purposes, we must look to ensure that
any unnecessary obstacles are removed so that we will continue to be welcoming
and open nation.
On the minimum income requirement more specifically, since July
2012 the UK’s Immigration Rules have required non-EEA nationals to satisfy a
financial, ‘minimum income’ requirement in order to secure a visa to join a
British/settled spouse or partner in the UK.
Since the introduction of the minimum income requirement, there
have been several legal proceedings against it. In 2017 the Supreme Court found
that the minimum income requirement is acceptable in principle. It ruled that
the government policy strikes a fair balance between the interests of those
wishing to sponsor a spouse to settle in the UK and of the community in
general. It ensures that taxpayers are not required to support those settling
in the UK on Family visas and the policy promotes integration.
However the Court did require the Government to make some changes
to the Immigration Rules and associated policy guidance.
Amended Immigration Rules and policy guidance came into effect on
10 August 2017.
Since then, if an application cannot meet the financial
requirement through the five sources specified in the Immigration Rules,
decision-makers (i.e. Home Office officials and caseworkers) are instructed to
consider whether there are “exceptional circumstances” which could or would
render a refusal decision a breach of human rights (ECHR Article 8).
If the Home Office decision-maker considers that refusal would
result in a breach of the Article 8 rights of a relevant party, they must grant
the application, even if the financial requirement is not met.
The Government has commented this subject: “We continue to keep
our family immigration rules under review and make adjustments in light of
feedback on their operation and impact.”
Going forward I will continue to monitor the impact that the
minimum income requirement has on our families in Mid-Cornwall and speak up in
support of them where possible.
If any constituent would like help with an immigration application
or case for a family member, they are always welcome to get in touch with me on
office@stevedouble.org.uk
