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Dear John,
Court of Appeal judgment on minimum income threshold
Today, 11 July 2014, a major Court of Appeal judgment upheld the lawfulness of the minimum income threshold under the new family migration rules.
The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner and children to come to live in the UK was introduced in July 2012. It aims to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.
The minimum income threshold was set, following advice from the independent Migration Advisory Committee, 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. Today's judgment overturns an earlier High Court judgment from July 2013, which was supportive of the approach but found that the impact of the minimum income threshold on family life could be disproportionate.
The judgment will mean that, from the 28 July, the 4,000 individuals whose applications are currently on hold, pending this 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 unless there are exceptional circumstances.
Home Office Communications
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