The UK Home Office announced changes to the UK Family Migration rules during July 2017. These changes bring very good news for South African spouses and families who were adversely affected by the very stringent UK minimum income threshold rules.
Introduction of the minimum income threshold
In 2012, the UK Home Office introduced a minimum income threshold in the family migration rules. This required a minimum income of £18 600 (roughly R326 707) per annum for sponsoring a spouse or partner. The amount rises to £22 400 (roughly R393 465) for also sponsoring a child and an additional £2 400 (roughly R42 157) for each further child.
Many applicants were not able to meet these strict financial requirements. Subsequently, since 2012 there were and are many heart-breaking stories of partners and families being split up.
Relaxation of the family migration rules
Fortunately, the UK Supreme Court ruled positively in a case on the issue earlier this year. The court upheld in principle the minimum income rule imposed by the family migration rules. However, the judgment called upon the UK government to change the family migration rules so that the best interest of affected children is given primary consideration in decisions. The court also recommended that alternative sources of income should be considered where the British spouse is not able to meet the minimum income.
The UK Home Office has subsequently responded to this court ruling. The new rules will come into effect on 10 August 2017.
To summarise, the amended UK Family Migration (FM) rules will include the following:
- When an application is considered and it does not meet the requirements of the FM rules, the best interest of the child affected must be taken into primary consideration. This child could be overseas or in the UK, as long as he/she is under the age of 18 years.
- If the sponsor does not meet the minimum income threshold and there are exceptional circumstances that could have very harsh consequences for any of the parties – applicant/partner/child – the decision-maker must consider any alternative income they may have. If the alternative income is enough to meet the FM rules, the application should be granted.
- If the applicant cannot meet the FM rules, the decision-maker should consider whether there are exceptional circumstances which would render a refusal of the application a breach of Article 8 of the European Convention on Human Rights.
- Grants based on the above relaxed rules will put persons on the ten year route to settlement. However, should a person at a later stage be able to meet the financial requirements, he/she can apply again for the five year route to settlement.
The route forward for affected South African families and spouses
The changes to the Family Migration rules will also impact positively on all appeals. Breytenbachs recommend that families who have previously not met the stringent family migration rules, get in touch with Breytenbachs Immigration as soon as possible.
Persons who have applications on hold may also want to submit further evidence to meet the new rules for alternative sources of income.
We also recommend that the impact on children affected be highlighted in future applications. We are confident that, with the relaxation in the decision making, we will be able to assist most clients and ensure a successful outcome.
For more information or to contact us, please visit www.bic-immigration.com or email us at info@bic-immigration.com.
