Income Threshold Requirements | Settlement Visas | Kangs Immigration Solicitors
Sharan Rupra of Kangs Solicitors looks at the financial requirements for settlement visas.
Financial Requirements | Kangs Immigration Advisory Solicitors
In June 2012, the Home Office introduced Immigration Rules affecting any person seeking entry clearance as a spouse, fiancée or unmarried partner of a British national.
The British national, thereafter, needed to prove that they were able to financially provide for themselves without relying on the Government.
In order to achieve this, a new minimum income requirement was introduced whereby the UK partner had to demonstrate a minimum gross annual income of £18,600, which increased when children were involved.
Prior to the Rule change, such a couple simply had to demonstrate that they could maintain themselves adequately without recourse to public funds.
The effect of this was that many families remained apart and proceedings were brought seeking to show that the minimum income requirement constituted an unlawful interference with affected couples’ Article 8 rights.
R (on the application of MM (Lebanon) (AP) (Appellant) v Secretary of State for the Home Department (Respondent)  UKSC 10 | Kangs Advisory Solicitors
The proceedings eventually reached the Supreme Court and twelve months after it started to hear the case it handed down its judgment which it held that the minimum income requirement was acceptable in principle and is to be properly taken into account.
However, as part of a balanced approach:
- the decision maker must consider whether the minimum income rules can be met from other sources of income or financial support
- the Applicant is entitled to show the minimum income requirement can be met through any other credible and reliable sources of income, financial support or funds available to the couple such as:
- a credible guarantee of substantial financial support to the applicant or their partner from a third party.
- credible prospective earnings from the sustainable employment or self -employment of the Applicant or their partner or
- any other credible and reliable source of income or funds available.
The new rules, which came into effect on 10th August 2017, oblige the Home Office to also consider the Human Rights Act - Article 8 and section 55 of the Borders, Citizenship and Immigration Act 2009.
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