All Articles: Minimum income

A ministerial statement made today has confirmed that there are two statements of changes coming in the next couple of months. The first will remove the ability of care workers to bring dependants, and the second will include the increase to the minimum income requirement for families, among other changes....

30th January 2024
BY Sonia Lenegan

“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...

22nd January 2024
BY Barry O'Leary

Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the minimum income requirement. The research looks at the current position, which is shortly to become considerably worse when the increase...

20th December 2023
BY Sonia Lenegan

The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be...

21st August 2023
BY Jack Freeland

In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix...

5th April 2023
BY Gabriella Bettiga

If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 115 (IAC). Facts of the case Ms Begum,...

20th May 2021
BY Alex Piletska

What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...

27th April 2020
BY Iain Halliday

The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...

24th February 2020
BY Nath Gbikpi

It will not have escaped your notice that today is Valentine’s Day. The day when love, new and old, seems inescapable. Whether it’s lovers gazing into each other’s eyes over candlelight or in moments snatched after the children have been put to bed — even if it’s just saying “I...

14th February 2019
BY Caroline Coombs

Yesterday’s Sunday Times report that “Commonwealth soldiers don’t earn enough to bring families with them” will come as no surprise to immigration practitioners confronted on a daily basis with British citizen or settled clients who can barely meet the minimum income requirement. My experience of representing over a dozen Commonwealth veterans is that those...

11th February 2019
BY Vinita Templeton

MS (Pakistan) TD and X (A Child) (Jamaica) [2018] EWCA Civ 1776, a case about the minimum income requirement for sponsoring a family member under the Immigration Rules, shows that sometimes starting over with an immigration application and waiting a little longer for a decision is the right way to go....

16th August 2018
BY Nicholas Webb

Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I...

23rd February 2018
BY Anon

This week the story of Dan Newton and his family has hit the newspapers. This post explains why the Home Office has acted as it has. It is not a mistake. Since harsh new rules were introduced in 2012, UK immigration policy does not usually allow British citizens working abroad...

16th October 2017
BY colinyeo

On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in MM (Lebanon) & Others v Secretary for the Home Department [2017] UKSC 10 on the Minimum Income Requirement. The new rules come into effect on...

10th August 2017
BY chrisdesira

In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requires an income of at least £18,600 for...

22nd February 2017
BY Colin Yeo

Last week the Children’s Commissioner for England released a study into the impact of the Coalition Government’s new family immigration rules, introduced in 2012. The report is an emotionally difficult read with some heart breaking quotes but unfortunately I’m not sure that those who should read it will read it; it is...

16th September 2015
BY Colin Yeo

UPDATE: see report of Supreme Court judgment here. The judgment is now out in the long awaited case of MM v Secretary of State for the Home Department [2014] EWCA Civ 985, the test case challenging the minimum income threshold for spouses wishing to enter the United Kingdom. The Court of...

11th July 2014
BY Colin Yeo

The Home Office has updated its statistics on the number of families with pending applications separated by the £18,600 minimum income threshold for spouses. At the end of December 2013 it was 3,014. At the end of March it stood at 3,641. That is a LOT of separated families and an almost unimaginable amount...

2nd July 2014
BY Colin Yeo

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are discernible as such.

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18th June 2014
BY Colin Yeo

The Home Office has managed to use a photo of a child that it wanted to remove from the UK as the face of its campaign to overturn a High Court judgment allowing divided families to be reunited. The news item concerns the controversial minimum income rule that is dividing...

4th April 2014
BY Colin Yeo

This is while the Home Office, judges and lawyers battle the harsh spouse minimum income threshold through the courts. For an idea of the human misery this is causing, see the distressing comments on this blog here, here and here.

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12th March 2014
BY Colin Yeo

UPDATE: Outcome now known and reported here. Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case. The judges heard argument over two days and did not give a decision there and then. The timescale for a decision is unknown but is...

11th March 2014
BY Colin Yeo

[UPDATE: blog post on how the hearing went here] The hearing of the test case challenge to the spouse minimum income rules is approaching and the team behind the challenge seek information about how decisions are being handled at the moment by Entry Clearance Officers on the ground. We would...

13th February 2014
BY Navi Ahluwalia

It is sad when a judge tasked with deciding whether a British pensioner should live out his last days with his wife or without comments that this was a very run of the mill case Maybe for the judge. In which case the judge should consider his or her position...

8th January 2014
BY Colin Yeo

Newly introduced Immigration Rules (Statement of Changes HC 803) due to take effect on 1 December 2013 will end a concession for family members of members of the armed forces, forcing many such families to separate if the soldier is stationed to the UK. Ending the concession and bringing soldiers into line...

20th November 2013
BY Colin Yeo

I’ve had quite a few queries asking for updates on the spouse minimum income case, MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin). The challenge to the rules essentially succeeded in the High Court but the Home Office have appealed to the Court of Appeal (blog...

28th October 2013
BY Colin Yeo

Fantastic video by Maryam Tafakory about the effect of the minimum income rule for spouses. Hat tip to Migrants Rights Network.

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31st July 2013
BY Colin Yeo

Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors.  I have the couple’s consent to write this post although there is no need for me to publish any identifying information.

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22nd July 2013
BY Sarah Pinder

Following the All Party Parliamentary Group on Migration’s report published on 10 June 2013 – covered on Free Movement earlier last month – the ‘new’ family migration rules have been debated twice in Parliament.  First, within a Westminster Hall debate on 19 June 2013 (Hansard & video footage) and more recently, in...

8th July 2013
BY Sarah Pinder

Last week, Free Movement posted the fruits of a FoI request disclosing the statistics in relation to partner applications from pre- and post-July 2012.  These figures were then analysed and fair conclusions were drawn in relation to gender discrimination on the basis that female sponsors generally earn less than male...

20th June 2013
BY Sarah Pinder

A new Freedom of Information request has revealed that British women have been affected disproportionately compared against men by new minimum income rules for spouse and partner applications. There has been a 20% drop in the female-sponsored proportion of applications made, which suggests that women have been disproportionately put off...

10th June 2013
BY Colin Yeo

In June 2012 human rights organisation Liberty issued a briefing on the proposed changes to the Immigration Rules on spouses and partners and introduction of a minimum income threshold. The old rule required that spouses and partners show they had ‘adequate’ support and would not have recourse to public funds, which...

8th August 2012
BY Nishan Paramjorthy

It has been announced that a minimum income threshold will be introduced for foreign spouses to be eligible to come to or remain in the UK. The level will be set at £18,600 for those without children and at higher levels for those with children. In doing so on Sunday...

11th June 2012
BY Free Movement
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