U.K immigration
law is constantly changing. On 5th July 2013, the High Court placed a hold
on decisions made on U.K spouse visa applications that failed to meet the
minimum income threshold. This was due to its ruling stating that the income threshold
was unjust and disproportionate. However, currently in July 2014, the Court of
Appeal upheld the lawfulness of the minimum income requirement for
spouses/partners with children applying in the family route, leaving much
disappointed to spouses who are left apart.
Noting
that ‘The policy aim behind income requirement was to safeguard the
economic wellbeing of the country’, the decision was based on the case
of, MM V Secretary of State for the Home Department (2014), which
challenged the minimum threshold requirement for spouses who wish to
enter in the United Kingdom. Acknowledging that the Immigration laws were
passed in June 2014, MP, Theresa May, wanted to ensure that the U.K immigration
rules would be fairer on British Citizens, nevertheless, the case points out
that were was very little act placed on spouse visas.
The outcome of
the decision was led by Lord Justice Maurice Kay confirming that the policy
does not create a breach of Article 8 ECHR. Lord Aikens expands this further,
via his leading judgement, stating that, ‘The Secretary of State is under a
common law duty not to promulgate an immigration rule that is discriminatory,
manifestly unjust, made in bad faith or involves such oppressive or gratuitous
interference with the rights of those subject to them as could find no
justification in the minds of reasonable men.’
Further
commentary has been placed on the rights of British citizens to the extent that
the Immigration Act 1971 does not grant a constitutional right for them to
reside in the UK with their spouse, of who are not given the right to reside in
the UK.
‘There is nothing
in the 1971 Act or the common law that grants a “constitutional right” of
British citizens to live in the UK with non-EEA partners who do not have the
right of abode in the UK and who are currently living outside the UK.’
With a finalised
outcome, the 4000 immigration applications that are currently on hold,
will now receive a decision. Nevertheless, a possibility that the appeal
being made to the Supreme Court will be held but may take many months till a
decision has been made.
If you need a U.K
immigration lawyer and need assistance to bring your spouse to the U.K from
outside the U.K please contact Shalini V Bhargava of Aschfords Law in Harrow,
London. Please contact us today on +44 (0) 7582932830 or visit our website
on www.aschfordslaw.com
