LANDMARK CASE RULES FAMILY MEMBER FINANCIAL REQUIREMENTS UNJUSTIFIED

A recent case from the High Court has held that the introduction of the requirement for a British citizen to earn £18,600 per year in order to qualify to bring their family member to the UK is an unjustified and disproportionate interference with the ability of spouses to live together and contrary to Article 8 of the ECHR.

Subsequent to the determination being issued the Home Office has announced it will suspend making decisions on applications where the financial requirements under the rules are not met, until such time as they have decided how to deal with the implications of the judgement for future applications.

It was recommended by the court that the £18,600 threshold be reduced, that the earning potential of the applicant be taken into account and that savings of more than £1,000 be taken into account.

It remains to be seen what the Home Office will do in light of this judgement but let us hope it’s the first step in the right direction.