Recently a number of constituents have written to
me about their concerns for the minimum income requirement British citizens
must earn in order to be able to bring their non-EEA spouses to join them in
the UK.
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.
Though the government at the time contended that
financial requirement supports integration and prevents a burden being placed
on the taxpayer, 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 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 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.
Immigration Minister Caroline Nokes has said in
response to Parliamentary Questions on this subject: “We continue to keep the
family Immigration Rules under review and make adjustments in light of feedback
on their operation and impact.”
I fully understand the strength of feeling in 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.
I will continue to monitor closely the impact the
minimum income requirement has on families in the constituency and speak up in
support of them where possible.