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Court Upholds Minimum Income Threshold Appeal

The Court of Appeal has recently upheld the Home Office’s appeal over the lawfulness of the income threshold under the new family migration rules.

The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK was introduced in July 2012.

According to the Government, it was introduced to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.

It was set at £18,600 for sponsoring a spouse or partner, rising to £22,400 for also sponsoring a child and an additional £2,400 for each further child.

A legal challenge was raised against the introduction of the threshold, and in July 2013 the High Court ruled in the challengers’ favour, finding that the impact of the minimum income threshold on family life could be disproportionate. However, the Court of Appeal judgment has now overturned this ruling.

Following the judgment, the Government has said that from the 28th July, the 4,000 individuals whose applications have been on hold, pending the judgment, will now receive a decision. These are cases which met all the requirements apart from the minimum income threshold and now stand to be refused.

Contains public sector information licensed under the Open Government Licence v2.0.

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