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Foreign spouse income limit for immigration at court | |
(about 1 hour later) | |
The Supreme Court is to rule on whether an income barrier stopping thousands of British citizens from bringing a foreign spouse to the UK is lawful. | The Supreme Court is to rule on whether an income barrier stopping thousands of British citizens from bringing a foreign spouse to the UK is lawful. |
As of 2012, Britons must earn more than £18,600 before a husband or wife from outside the European Economic Area (EEA) can settle in the UK. | As of 2012, Britons must earn more than £18,600 before a husband or wife from outside the European Economic Area (EEA) can settle in the UK. |
Critics claim 15,000 children have been separated from parents because of it. | Critics claim 15,000 children have been separated from parents because of it. |
If the government loses, thousands of couples who currently live outside the UK could move to Britain. | If the government loses, thousands of couples who currently live outside the UK could move to Britain. |
Families speak of visa rules pain | |
Spouse immigration rules 'unjustified' | |
In a series of test cases, affected couples argued that the rules breached their right to family life. | In a series of test cases, affected couples argued that the rules breached their right to family life. |
Two of the claimants, Abdul Majid and Shabana Javed, are British citizens who have partners who are Pakistani nationals. | Two of the claimants, Abdul Majid and Shabana Javed, are British citizens who have partners who are Pakistani nationals. |
The third claimant is a Lebanese refugee who cannot find suitable work in the UK despite his postgraduate qualifications. He says his similarly-qualified wife has high earning potential and speaks fluent English. | The third claimant is a Lebanese refugee who cannot find suitable work in the UK despite his postgraduate qualifications. He says his similarly-qualified wife has high earning potential and speaks fluent English. |
The final case concerns another recognised refugee from the Democratic Republic of Congo whose wife has been barred from settling. | The final case concerns another recognised refugee from the Democratic Republic of Congo whose wife has been barred from settling. |
Children raise threshold | |
The rule was introduced by the former coalition government to stop foreign spouses becoming reliant on taxpayers. | |
The minimum income threshold, which also affects people settled in the UK as refugees, rises to £22,400 if the couple have a child who does not have British citizenship - and then by an additional £2,400 for each subsequent child. | |
These thresholds replaced a previous, more general requirement to show the Home Office that the incoming partner would not be a drain on public resources and that the couple or family could adequately support themselves. | |
The current rules do not take into account the earnings of the overseas partner - even if they have higher qualifications, or are likely to be employed in higher-paid work than their British spouse. | |
The minimum income threshold does not apply to spouses from within the EEA. | |
Incomes 'Unobtainable' | |
In 2013, the High Court ruled in the couples' favour saying that the rules were "onerous and unjustified" - and the judge urged the home secretary to rewrite them. | In 2013, the High Court ruled in the couples' favour saying that the rules were "onerous and unjustified" - and the judge urged the home secretary to rewrite them. |
That decision was overturned at the Court of Appeal, leading to the challenge reaching the Supreme Court. | That decision was overturned at the Court of Appeal, leading to the challenge reaching the Supreme Court. |
If the Supreme Court rules against the government, it could lead to the minimum income threshold being lowered or, potentially, require Parliament to reconsider the entire law. | If the Supreme Court rules against the government, it could lead to the minimum income threshold being lowered or, potentially, require Parliament to reconsider the entire law. |
When the government introduced the measures, it said they aimed to reduce the burden on taxpayers, promote integration and prevent and tackle abuse of the family migration route. | When the government introduced the measures, it said they aimed to reduce the burden on taxpayers, promote integration and prevent and tackle abuse of the family migration route. |
But campaigners say that all they have done is split up couples and families for whom the minimum income threshold is unobtainable. | But campaigners say that all they have done is split up couples and families for whom the minimum income threshold is unobtainable. |
They say that nearly half of the British population earns less than the income barrier, meaning they would be affected if they chose a foreign-born spouse. | They say that nearly half of the British population earns less than the income barrier, meaning they would be affected if they chose a foreign-born spouse. |
Have you been affected by the rule on the foreign spouse income limit? Share your experiences by emailing haveyoursay@bbc.co.uk. | Have you been affected by the rule on the foreign spouse income limit? Share your experiences by emailing haveyoursay@bbc.co.uk. |
Please include a contact number if you are willing to speak to a BBC journalist. You can also contact us in the following ways: | Please include a contact number if you are willing to speak to a BBC journalist. You can also contact us in the following ways: |
Or use the form below | Or use the form below |