1st Contact awaits news on income threshold appeal

1st Contact is awaiting the outcome of an appeal concerning the income threshold of British citizens with non-EU spouses.  

Image cc: photo credit: Thomas Leth-Olsen via photopin cc

Image cc: photo credit: Thomas Leth-Olsen via photopin cc

The Home Office is defending the current income threshold of £18,600 per year. In July 2012, a controversial minimum income limit was imposed on British citizens in an attempt to cap the number of non-EU spouses entering the UK. On the ground, what this means is that only British citizens who earn a salary of £18,600 or more can now sponsor their spouses’ visas.

The threshold rises to £22,400 for families with one child, and £2,400 for each additional child.

The ruling has caused an outcry from couples around the world. For spouses living in countries like South Africa, Thailand, India and even the US, the ruling is not only financially unfeasible, but keeps them from their spouses who are based in the UK.

A Home Office spokesperson defended the ruling after claims that the threshold interfered with the right to a private family life. “This is why we revised the family rules, taking advice from the Migration Advisory Committee about income requirements, to make sure those coming to the UK to join their spouse or partner will not become a burden on the taxpayer,” the spokesperson said.

According to Philip Gamble, a leading British nationality and immigration expert, income requirements are there to prevent spouses from depending on public funds once they enter the UK. But he also admits that the limit set by the Home Office is far too high.

“£18,600 is still a lot more than we expect people to live on if they are on benefits. It is more than you would expect to receive if you were doing a normal working week for the national minimum wage.”

Even the Migration Observatory estimates that 32% of employed men and 61% of employed women living in the UK wouldn’t be able to get a visa for a spouse if the same rules applied to them.

This week, the Home Office will defend the income threshold amount, arguing in front of the Court of Appeal as to why it should remain the same (and not be lowered, as many claimants want). The Court of Appeal will also argue for both spouses’ incomes to be taken into consideration together.

1st Contact will be the first to let you know once the outcome of the appeal is known.

*Please follow this link for an update about the minimum income threshold appeal.

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  • Mohammad Kamran

    Any updates on the decision please ?

    • saira

      still waiting…….

  • 1st Contact

    Hi Mohammad, no updates yet, but we’ll let you know as soon as we hear anything.

  • Jenn

    Just wondering if you know the estimated time to clear the applications that are on hold once the new threshold is decided upon? Also, any estimates on how long it may take to reach a decision? I just would like an estimated time as I know my application will be rejected regardless of the new threshold and would therefore like to have some faint idea of when I’ll likely have to leave the country. Thanks!

    • Mike

      you have 6 months from the day you entered the UK

      • Jenn

        Thanks for the reply mike. However, you must have misunderstood my post. As per the article, there are applications on hold until the new income threshold is decided upon. I am one of these applicants. Therefore you’re 6 months from the date of entry answer is incorrect. As I’ve been in the country for over 2 years and applying for further leave to remain.

        • Mike

          Sorry about the misunderstanding , I to am on hold but I only have until May for a decision before i have to leave.Anything after that and i am here illegally. Hoping a decision is made before that so i can stay with my wife

  • Robil Sehgal

    As my wife’s salary is 19200 pounds per year from last six months as she was doing part time before. As I qualify for minimum income threshold that is 18,600 pounds. Still they put my application on hold.. Becz on p60 it’s wasn’t 19200 pounds.. Obviously becz of part time income 6 months before. Please sujjwst anythg..

  • Jimmy

    “will not become a burden on the taxpayer” what an outrageous and unfounded claim!!! 1st of all these visa holders get a nice bright red stamp in their passport stating “No recourse to public funds” and secondly if they are entitled to any kind of benefits then they are ENTITLED. They should try change the entitlements if they have such issues! If they claim this is what it takes to live here then they should raise benefits to that threshold, does that mean our taxes are not truly supporting people that need assistance and they cannot afford to live!

    • Liam Redshaw

      So they dont want our wives/ husbands to be a burden on the taxpayer? I am a taxpayer so they are saying my wife can not come here incase she has to spend my tax money that I pay but some illegal immigrant or lazy bum who doesnt want to work is perfectly entitled to my money? What about the prisons? Why dont they cut the money there so we can all have our spouses in our lives? This situation make me so angry!

  • Mike

    found another article on this issue , http://www.bbc.co.uk/news/uk-england-26370397 ,there was a line in the article that has put a damper on things, put in link so everyone can read it so it cant be said i took it out of context , here`s the line : The Court of Appeal is expected to reserve judgement for three months. Well, looks like i`m heading back for a bit :(

  • Robil Sehgal

    Any update on minimum income threshold home office apeal..????

  • Robil Sehgal

    The hearing has been heared.. So anyone knows anythg about the decision..???

  • Abdelghafour Idhamou

    It is highly likely that the judgment will not be the final word when it
    does finally arrive. Whoever loses is likely to appeal to the Supreme
    Court, a process that could take many months even if it is accelerated
    because of the urgency.

  • Raz

    Hello guys any updates yet on the case. Thx

    • 1st Contact

      HI Raz, there has been no news yet. We will post an update as soon as their is a decision. We also send out a monthly newsletter with the most important blog posts, if you sign up for that, you can get the news in your inbox.

      If there is anything else I can help you with, please let me know.

    • Keith

      Hi Raz, we’re still waiting to hear more info but will write a follow-up blog post as soon as concrete info becomes available.

    • 1st Contact

      Hi Raz, there has been no news yet. We will post an update as soon as there is a decision. We also send out a monthly newsletter with the most important blog posts, if you sign up for that, you can get the news in your inbox.

      If there is anything else I can help you with, please let me know.

  • Robil Sehgal

    When decision will come..??? And why they put my case on hold as I fullfill income threshold..??? Dnt know what’s going on..

    • http://www.1stcontact.com 1st Contact

      Hi Robil

      We are also waiting on the decision. It’s difficult to say when there will be a ruling but we are keeping a close watch for any updates.

      Perhaps you would like to speak to one of our Visa and Nationality experts about your case? They might be able to help you. You can email them at visas@1stcontact.com.

    • 1st Contact

      Hi Robil

      We are also waiting on the decision. It’s difficult to say when there will be a ruling but we are keeping a close watch for any updates.

      Perhaps you would like to speak to one of our Visa and Nationality experts about your case? They might be able to help you. You can email them at visas@1stcontact.com.

      • Robil Sehgal

        Thanx for ur reply.. I’ll send them email regarding my case.. Thanx for ur help..

  • Raz

    Thx Guys for info. Ill be around

  • Robil Sehgal

    Just for information. What will happen when decision comes.. They grant visa to everyone or smthg else..???

    • 1st Contact

      Once a ruling is made it will effect ongoing and new applications for visas. If the income threshold is lower, there will be a lower financial barrier for people to bring their families and spouses into the UK.

  • Raz

    There’s some changes for April 6th any1 know anything

  • Robil Sehgal

    What about 6 April..?? What kind of information regarding change of rules on 6th April..???

    • SableGroup

      Hi Robil, I’m afraid the rule changes on April 6 have no bearing on the income threshold.

    • 1st Contact

      Hi Robil, I’m afraid the rule changes on April 6 have no bearing on the income threshold.

  • saira

    i earn 15000 per annum.waiting for financial requirement 18600 rule to be change .any upate about court decision ?????

    • Robil Sehgal

      No update.. My partner earning 19200 per year, since last six months before I put my application.. Even than my application is on hold..

      • saira

        thanks for updating.its hard to wait.is’nt it?

        • Robil Sehgal

          Yaa.. I’m waiting since 7 months.. Actually she was working part time before. So P60 wasn’t showing 19,200. As she started working full time six months before I applied. Don’t know why they put my case on hold. Really it’s big harassment. Can’t even ask home office about it.

  • saira

    omg……its hard to wait.

  • Robil Sehgal

    Please do smthg.. It’s been 7 months since I applied.. Please any update for hearing held.. Can we ask home office regarding our application status by email.. Either it’s on hold or not..???

  • 1st Contact

    Hi everyone, just a reminder that we are still awaiting the Court of Appeal’s outcome. We’ll send out an email as soon as we hear anything; you can subscribe to this email at the top right of this page. If you have any questions, or if there’s anything else we can help you with, please let us know.

  • Raz

    Policy paper
    Immigration Rules: Part 8 (paragraphs A277 to 319Y)
    Organisations:
    Home Office and UK Visas and Immigration
    Page history: Updated 7 April 2014, see all updates
    This document is to be used on or after 6 April 2014.
    7 April 2014 3:35pm
    First published.
    13 February 2014 5:24pm
    Collections:Immigration Rules

    • 1st Contact

      Hi Raz,

      There are some minor changes in the rules – nothing yet on the income threshold being reduced.

      As soon as we hear news relating to the income threshold, we’ll let you know.

  • Raz

    Guys can you check this out for me didnt really understand it. All gov stuff u see. Its latest immigration rules. About spouses. Check it thanks.

  • http://ROBIN.CO.UK Naveed

    1st contact please could you update me as soon as you hear on minimum income threshold on nav_2008@hotmail.co.uk much appreciated thanks

  • Robil Sehgal

    Any update please…. Actually one more thing I wana ask u people that is it okey if I email home office asking about my application status..??

  • Raz

    Hello guys any updates plz

  • Raz

    Ok thx guys! Its really painfull waiting. A long time. I hate theresa may. I hope she gets toppled after the mess she has caused for the ones who dont earn that much.

  • Zee

    Hopefully the courts will make that right decision. Its a agonising wait

  • Pritesh Patel

    Any news yet? Waiting for a long time now my wife is getting really upset, when will they change the minimum income requirement?

  • Pritesh Patel

    How do they work out how much you are earning? Reason why I am asking is I add up my weekly payslips for a year I earned more then the required income but still they have refused my wife’s visa, I just can’t understand why?

    • frank

      Pritesh they are doing this to everyone, it is obvious they are using the court case to delay all spouse visas even if you earn above the threshold, it is criminal

  • Naheed

    Hi- any update yet?

  • Robil Sehgal

    An update came on minimum income threshold.. Please confirm..

    • 1st Contact

      Hi Robil, there has been update. We will be adding some information shortly. For the moment, the new information does not significantly add to what we know and there has not been an ultimate decision yet.

      • Robil Sehgal

        Does it has any effect on application the applicants cases on hold..?? Let’s wait for the the details of the the update any how..

      • saira

        hi,cud u plz let me know tat how long will it take …am still waiting for court decesion.

  • Jenn

    Hi 1st contact, you mentioned that there is an update…and that you will be adding information shortly…just wondering if this information will be posted here or elsewhere on the site? Eagerly awaiting this update…as I’d like my life back…living in limbo is no way to live…

  • Raz

    Thanks 1st Contact for Update. Really appriciate it. Its really difficult to wait for soooo long without a loved one. But thank you for your Help And updates.

  • Raz

    Hi any News Yet? Thx

  • Robil Sehgal

    Plz update something regarding hearing held in march..!!! There should be a update till now..!!!

  • Yaseen Khan

    does any body know about the appeal we are so frustrated almost half of may is over.

    • 1st Contact

      Hi Yaseen

      I am afraid there has been no update yet.

  • Kashif Raza Pasha

    Hi,any decision from supreme court,any body knows &further how long?thanks

  • Zainab

    Any news yet?

  • Jude

    Hi I’m Watching this with interest as my partner and I currently live in Australia. I’m Australian and my partner is British we have 4 children between us from previous relationships, two British (hers) and two Australian (mine). My partner is a stay at home Mum and earns some money from cleaning jobs (approx. 3000 pounds a year). I earn approximately 50,000 pounds but because my income is not included we aren’t able to apply for a fiancé or spouse visa. We want to move to the UK so she and her children can be closer to their family. My professional qualifications are recognised in the UK however we are prevented from moving there as a family unit because of these crazy rules. It’s very frustrating knowing I could earn as much if not more in the UK but can’t because of this bureaucratic madness. I also have about 115,000 pounds in Australian pension funds and equity in my home (which I don’t want to sell) but these can’t be counted in the financial test either. I really hope common sense prevails in this case.

    • frank

      Jude I feel your frustration, if there is anyway you can go down the savings route you need 62,500 pounds in a savings account for 6 months or more, put it in your wifes account. if your selling a home you can use this.

  • Raz

    Hello Guys!. Recently i checked out something on the home office website. About the Law still at 18,600. Is this Right.

  • Zainab

    Is there any news ? How long do you think we are looking at for feedback from the courts please?

  • Abderrahim Ait El Kadi

    Read somewhere that we may hear sth on the fifth of June fingers crossed

  • jas

    Any updates pls

    • 1st Contact

      Hi Jas

      There has been no update yet. We will post new info as soon as we receive it.

  • frank

    I have applied twice in the last 9 months, my company turns over 100k a year and the visa is put on hold! it is criminal what they are doing to people with non eu spouses!

  • Yaseen Khan

    Hi! Any updates on minimum threshold case yet?

    • 1st Contact

      Hi Yaseen, there has not been an update yet.

  • Jagtar brar

    Any update pls

  • jas
  • jan

    Any updates yet

  • Hamza

    Any updates?

    • 1st Contact

      Hi Hamza,

      There has not been an update yet.

  • Andrew Hibbins

    Found some info on the Britcits website, there may be some news on Friday 11 July. https://www.facebook.com/britcits1/posts/349939718487457?fref=nf

  • Jessica

    http://davidward.org.uk/en/petition/no-to-18-600-income-limit-for-spouse-visas

    SIGN THIS PETITION IF THE 18,600 RULE AFFECTS YOU!! SHARE ONTO FACEBOOK AND OTHER SITES.