Minimum income threshold for family migrants

the Home Office filed its grounds of appeal against the 5 July High Court judgment in a legal challenge to the minimum income threshold for spouses/partners and children applying in the family route.

This applies to non-EEA national spouses/partners and children applying to settle in the UK with someone who is already resident here.

The Home Office will continue to put on hold decisions in some spouse/partner and child settlement visa and leave to remain applications until the case is finally determined by the Courts. It has asked the Court of Appeal to expedite its appeal.

The hold on decision-making applies to applications made under Appendix FM to the Immigration Rules where the application would be refused solely because the rules relating to the minimum income threshold are not met, including where relevant the evidence requirements in Appendix FM-SE.

The same approach is being applied to a small number of adoption cases which would be refused on this ground alone.

Applications which meet the Rules or which fall to be refused on other grounds, such as requirements for English language or a genuine and subsisting relationship, will continue to be processed and decided as normal.

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