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Supreme Court Backs the Minimum Income Requirement for Non-EEA Family Members

PUBLISHED: 22 February 2017

The UK Supreme Court has upheld the Government financial measures requiring British citizens to earn at least £18,600 per year in order to bring non-European spouses into the country, ruling that the restrictive measures do not breach human rights legislation.Critics claim that thousands of families have been affected by this rule since 2012 when this rule was amended.

If the couple have a child who does not have British citizenship then minimum income threshold rises to £22,400 – and additional £2,400 for each subsequent child.

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. Also, the couple can show savings from both partners in the access of £62,500.

The minimum income threshold does not apply to spouses from within the EEA.

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