Getting a UK spouse visa can be a challenging process, especially with the strict financial requirements. Thousands of couples have faced difficulties in bringing their non-EEA (European Economic Area) spouses to the UK, with many applications rejected. A recent Supreme Court decision has now led to changes in these rules, providing hope for those who struggle to meet the financial thresholds.
What is the Minimum Income Requirement for a UK Spouse Visa?
Before July 2012, people living in the UK who married or had a long-term partner from outside the EEA could bring their partner to the UK if they could prove they could support the family without needing public funds. However, this was often hard to apply fairly, so the UK government introduced a minimum income threshold in 2012.
To bring a non-EEA spouse or partner to the UK, the sponsor (the person already settled in the UK) must now show they earn a minimum of:
- £18,600 per year (gross income) for the spouse or partner.
- An extra £3,800 for the first child, and £2,400 for each additional child.
The income or potential income of the non-EEA spouse isn’t counted. If the sponsor can’t meet these income requirements, savings can be used, but the amount required in savings is very high.
This rule has been widely criticized, as many families were unable to meet the financial threshold, leading to separation and emotional hardship.
The Impact of the Minimum Income Rule
From 2012 to 2014, more than 30,000 people had their applications refused because they didn’t meet the income requirements. Many people felt the rule unfairly split families, especially when it came to the separation of parents and children, which can cause long-term emotional and psychological harm. Despite some attempts to challenge the rule, only a few cases were successful in showing that the rule caused disproportionate hardship.
The Supreme Court Challenge
In 2017, several people (referred to as MM, AM, AF, and SJ) challenged the minimum income rule in the Supreme Court, arguing that it violated their rights under the European Convention on Human Rights (ECHR). They claimed the rule was unfair and unreasonable, particularly in cases involving children or families with alternative sources of income.
The Supreme Court’s Decision
The Supreme Court’s ruling on the case addressed three key issues:
- The Minimum Income Requirement: The Court agreed that the rule caused hardship for many families but ruled that it was not unlawful. The Court found that the Migration Advisory Committee (MAC), which helped set the income threshold, had used a reasonable and well-thought-out approach. So, while the rule causes difficulties, it remains legal.
- Treatment of Children: The Court looked at cases involving children, noting that the current rules didn’t give enough weight to the best interests of the child. In particular, they pointed out that when a child’s life is heavily tied to the UK, such as if they are settled or have strong connections there, the rules should consider these factors more carefully. The Court suggested that the rules should be adjusted to better reflect the best interests of children, as required by UK law.
- Alternative Sources of Income: The Court acknowledged that the rules should allow for other sources of income, such as financial support from family members or the spouse’s potential earnings. The Court recommended that the government review the rules to allow entry clearance officers to consider these alternatives when assessing an application.
Changes After the Ruling
Following the Supreme Court’s decision, the Home Office made changes to the minimum income requirement policy in July 2017. These changes aim to make the rules fairer, particularly for families who rely on alternative sources of income or have children who would suffer if they were separated from their parents.
What This Means for Spouse Visa Applicants
This ruling is a step in the right direction for many applicants who struggled with the strict income rules. The changes mean:
- Children’s best interests will be considered more carefully in spouse visa applications.
- Alternative sources of income may now be taken into account when assessing financial requirements.
- More fairness for families with children who are already living in the UK.
However, it is still important for applicants to meet the minimum income threshold where possible or to show that they can financially support themselves and their families.
How Can Law and Visas Help?
If you’re applying for a UK spouse visa and need guidance on meeting the financial requirements, or if you’re struggling to meet the minimum income threshold, Law and Visas can help. Our experienced team can advise on the best way to prepare your application, taking into account the latest rules and Supreme Court changes. Contact us today for expert assistance in your spouse visa application.
