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Income rules for foreign spouses upheld | Income rules for foreign spouses upheld |
(35 minutes later) | |
Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful "in principle" the Supreme Court has ruled. | |
Judges rejected an appeal by families who argued that the rules breached their human right to a family life. | |
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. | |
Judges criticised this threshold as "defective" and a cause of "hardship". | |
The seven justices sitting on the case found those rules did not take sufficient account of the welfare of the children involved, or of alternative sources of income. | |
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. | |
The markers 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. | |
They 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. | |
And the threshold does not apply to spouses from within the EEA. | |
Children's 'best interests' | |
Delivering their judgement, the justices said the government's rules had the "legitimate" aim of ensuring "that the couple do not have recourse to benefits and have sufficient resources to play a full part in British life". | |
But they said the rules fail because they do not treat "the best interests of children as a primary consideration". | |
They said how the rules are implemented should take more account of alternative sources of income, aside from just benefits and salaries. | |
The BBC's Home Affairs correspondent Dominic Casciani said the ruling meant thousands of couples had technically won fresh hope to settle in UK - but the rules were broadly held. |