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

British Prime Minister Rishi Sunak’s policy to raise the minimum income requirement (MIR) for family visas is being challenged in the high court. The policy, which now requires applicants to earn £29,000 annually to bring a loved one to the UK, is argued to separate children from their parents and discriminate against women and minorities, according to The Guardian.

The Rishi Sunak administration announced the increase last year as part of a phased plan to match the family visa salary threshold with that of the Skilled Worker visa. This change took effect on April 11.

As per the salary thresholds announced by the UK government, the applicants must have a minimum annual salary of £29,000 (around Rs 30,95,590 as per the current exchange rate) to qualify. This marks a significant 55 per cent increase from the previous threshold of £18,600 (around Rs 19,85,601).

According to the Home Office, this measure is the final step in Prime Minister Sunak’s plan to reduce legal migration and “ensure those arriving here do not burden the taxpayer”.

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

Reunite Families UK (RFUK), a non-profit organisation that helps families with UK spouse visas and raises awareness about immigration rule impacts, filed for a judicial review, claiming the measure violates the UN convention on the rights of the child, reported The Guardian.

The group also questions whether the decision was made in accordance with official Whitehall advice.

CRITICISM AND DEBATE OVER UK IMMIGRATION PLAN

The new minimum income requirement threshold introduced by Home Secretary James Cleverly, has been criticised for its adverse effects on women, ethnic minorities, and young people, which RFUK says breaches the Equality Act.

The Equality Act 2010 legally protects people from workplace and wider societal discrimination.

The change follows Sunak and Keir Starmer’s debate over migration levels, with both parties pledging tougher measures.

The minimum income requirement increase, implemented in April, has led to family separations, as many UK residents cannot meet the new income threshold to sponsor foreign spouses.

Future increases are planned, with the minimum income requirement (MIR) set to rise to £38,700 (approximately Rs 41,31,486) next year.

Court documents will argue that the policy breaches the home secretary’s obligations under article 3 of the UN convention on the rights of the child, leading to children being separated from parents abroad.

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 as saying by The Guardian.

“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.

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

“Our client is appalled that a decision of such import appears to have been taken by the home secretary 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,” Day was quoted by The Guardian as saying.

DESPITE LESS IMMIGRATION, SUNAK INCREASE MIR

Sunak announced the minimum income requirement (MIR) rise in December, responding to pressure from the Conservative party’s right wing over increasing net migration.

Recent data from the Office for National Statistics (ONS) indicates a 10% decline in net migration to the UK in 2023, down to 685,000 from the peak of 764,000 in 2022.

The Home Office declined to comment, citing purdah (pre-election period) rules before the general election, while the Conservative party defended the policy, saying it ensures sponsors can support their families financially.

The Labour Party has indicated broad support for the changes.

A family visa allows a British citizen or settled resident to bring a foreign partner or spouse, and potentially children, to live in the UK.

The MIR was previously £18,600 but increased to £29,000 in April, with further hikes planned to £38,700.