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 (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 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 recently commented this subject:
“We continue to keep the family Immigration Rules under review and make
adjustments in light of feedback on their operation and impact.”
At the same time, 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.
After Brexit we will be regain the ability to build
a fairer and more compassionate immigration system. Where there are genuine and
good 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.
I will monitor closely the impact the minimum
income requirement has on families in the constituency and speak up in support
of them where possible.
