Money can’t buy you love

Money can’t buy you love

If are lucky enough to find your life partner and they are from outside Europe, watch out, living with them in the UK will come at a price.

UK visa rules say most people need a minimum income of £18,600 per year to sponsor a partner from outside Europe to join them here. If you are also sponsoring children, add a few thousand more to that figure. 

The idea behind the rules was to remove any burden on taxpayers that could come from new migrants. But the rules hit hard for workers who would not expect to be seen as unable to support a household financially, such as those with variable incomes and people from lower paid sectors. 

In February, the Supreme Court made a long awaited decision about these rules. In a blow to many families, the court held the minimum income requirement is lawful. 

But there is a glimmer of hope.

The court also said that the government’s rules and guidance did not take proper account of their duty to consider the best interests of children, and that they also fell short on the need to consider reliable alternative sources of funding when looking at the human rights side of a case.

So for anyone who wants to apply, watch this space. The Home Office should now reply to the court to say how they will change their guidance about cases involving children and the assessment of alternative sources of finance. The court will then decide if another hearing is necessary.

The Home Office has said it will pause decision making on some applications that have already been submitted to see how they are affected by the judgment.

If you have questions about making an application for your partner, please get in touch

Carita Thomas
c.thomas@saltworkslaw.co.uk

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