UK’s family visa minimum income requirement challenged in high court

UK’s family visa minimum income requirement challenged in high court

The high court is considering a lawsuit against British Prime Minister Rishi Sunak’s decision to increase the minimum income requirement (MIR) for family visas. There are arguments that the policy, which now requires applicants to earn £29,000 yearly in order to bring a loved one to the UK, discriminates against women and minorities and separates children from their parents.

The hike was disclosed by the Rishi Sunak government last year as part of a planned plan to align the family visa wage criterion with the skilled worker visa salary level. The date of this modification was April 11.

According to the UK government’s income limits, candidates need to earn at least £29,000 (about Rs 30,95,590 at the current currency rate) annually in order to be eligible. Comparing this to the prior level of £18,600 (about Rs 19,85,601), there has been a notable 55% increase.

The Home Office states that this action completes Prime Minister Sunak’s objective to decrease legal migration and “ensure those arriving here do not burden the taxpayer”.

“We have reached a tipping point with mass migration”, Home Secretary James Cleverly said ” There is no simple solution or easy decision which cuts numbers to levels acceptable to the British people”.

The UN convention on the rights of the child is allegedly violated by the measure, according to a judicial review filed by Reunite Families UK (RFUK), a non-profit that assists families with UK spouse visas and educates the public about the implications of immigration rules.

The organisation also queries whether official Whitehall guidance was followed in making the decision.

CRITICISM AND DEBATE OVER UK IMMIGRATION PLAN

Home Secretary James Cleverly’s new minimum income requirement level has drawn criticism for its negative impacts on young people, women, and ethnic minorities. According to RFUK, this violates the Equality Act.

People are legally protected against discrimination at work and in larger society by the Equality Act of 2010.

The modification comes after Sunak and Keir Starmer argued about immigration levels and each promised more stringent policies.

Family splits have resulted from the rise in the minimum income criteria that went into effect in April because many UK citizens are unable to make the increased income requirements in order to sponsor foreign spouses.

There are projected increases in the future. The minimum income requirement (MIR) is expected to climb to £38,700 (about Rs 41,31,486) in the upcoming year.

According to court filings, the strategy causes children to be separated from their parents abroad and violates the home secretary’s duties under article 3 of the UN convention on the rights of the child.

RFUK’s Caroline Coombs expressed the community’s shock at the sudden changes, especially during the ongoing cost of living crisis.

“The increases came as a complete surprise to the community we represent – and at a time when people all over the UK have been struggling with a relentless cost of living crisis,” Coombs was quoted.

“Whilst they have been working hard to earn and save enough to sponsor their partner, the government has punished them once again and for many, their dream of a family life together here has been shattered,” Coombs added.

RFUK’s partner Tessa Gregory criticised the government’s decision-making process at Leigh Day.

Day expressed his dismay that the home secretary appeared to have made a decision of such significance “in such a cavalier manner: without proper analysis, and in breach of critical public law duties such as assessing the impact of the decision on protected groups.”

In response to pressure from the conservative side of the Conservative party regarding rising net migration, Sunak announced the increase in the minimum income requirement (MIR) in December.

The Office for National Statistics (ONS) has released statistics that shows a 10% decrease in net migration to the UK in 2023, from a peak of 764,000 in 2022 to 685,000.

The Conservative party supported the arrangement, claiming it guarantees sponsors can support their families financially. The Home Office declined to comment, citing purdah (pre-election period) laws prior to the general election.

There seems to be widespread support for the measures from the Labour Party.

A family visa enables an established resident or British citizen to bring their spouse or partner from abroad, along with any future children, to live in the UK.

The MIR was originally £18,600, but in April it was raised to £29,000, and further increases to £38,700 were planned.