United Kingdom Upholds Stringent Income-Linked Immigration Law For Foreign Spouses

Immigration laws for the United Kingdom just got a whole lot more difficult for residents who wish to bring in their spouse from foreign countries.

Upholding a crucial piece of legislature governing the immigration laws, the U.K. has now put brakes on the dreams of living with families for U.K. residents who have married outside the country. The U.K. Court of Appeal has cleared the way for a minimum income threshold of 18,600 pounds for British citizens bringing foreign spouses to live with them in the country. This move is sure to affect thousands of Visa applications seeking citizenship for spouses of U.K. residents, reported Louder Than War.

The law isn’t new. It was introduced exactly a year ago. The earlier threshold recommended was 13,400 pounds as the amount was quite in line with the national minimum wage. Hence the revision seems to be introduced with a clear intention of keeping the lower income people from bringing their spouses. The government perhaps doesn’t want to strain the exchequer of financing an underpaid U.K. resident, let alone support his or her spouse, reported The Guardian.

The appeal court ruling followed a legal challenge by U.K. home secretary Theresa May to a high court judgment last July, who called the mandatory revenue of 18,600 pounds for the residentary spouse, as “onerous” and “unjustified.”

Justice Blake in July last year had ruled that the financial requirements amounted to “a disproportionate interference with a genuine spousal relationship” and it was he who had suggested a threshold of 13,400 pounds would be more appropriate. But the three appeal judges who were appointed to look into the matter stated that his analysis and conclusion that the income rules breached the human rights of the British husbands, wives, or partners was not correct, so the rules were lawful.

Incidentally, about 301 of the 422 occupations listed in the 2011 U.K. earnings data had annual average earnings over 18,600 pounds, and Lord Justice Aikens, one of the three appeal court judges, said he was well aware of the evidence. However, the raising of the earning requirement was inevitable, said the judge,

“But, given the work that was done on behalf of the secretary of state to analyze the effect of the immigration of non-European Economic Area partners and dependent children on the benefits system, the level of income needed to minimize dependence on the state for families where non-EEA partners enter the U.K.”

Interestingly, he had a very rational and matter-of-fact response for the revision of income-linked immigration rule,

“….what I regard as a rational conclusion on the link between better income and greater chances of integration, my conclusion is that the secretary of state’s judgment cannot be impugned. She has discharged the burden of demonstrating that the interference was both the minimum necessary and strikes a fair balance between the interests of the groups concerned and the community in general.”

Though there are ‘many’ cases that meet all the criteria for lawful citizenship, save for the income-requirement, their Visa application will now be rejected. Looks like the country has clearly told its citizens that they will have to start earning more if they wish to bring in their spouse.

[Image Credit | Visa Lawyer Blog]