The Home Office last week filed an appeal against a High Court judgement on the minimum income threshold for spouses/partners and children applying for a visa via the family route.
The judgment affects non-EEA nationals applying to settle in the UK with a parent, spouse or partner who is already resident here.
A Home Office spokesperson said: “Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We are pleased that the High Court judgment of 5 July supports the basis of our approach.”
The UKBA has said however that they are pursuing the appeal because they believe that matters of public policy are for the Government and Parliament to determine, and not the Courts. This includes the detail of how the minimum income threshold should operate.
“We have asked the Court of Appeal to expedite this,” said the spokesperson. “In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold.”
The Home Office will continue to put decisions in some spouse/partner and child settlement visa and leave to remain applications on hold until the case is finally determined by the Courts.