By Lucy Caulkett-
The recent decision by the UK Government to significantly increase the minimum income requirement for family visas is set to face a legal challenge in the High Court. The challenge, spearheaded by Reunite Families UK (RFUK), claims that the decision was made unlawfully and without proper consideration of its impact on affected families.
In December last year, Home Secretary James Cleverly announced a hike in the minimum income threshold for family visas, raising it by more than £10,000 to £29,000 effective from April. This figure is expected to rise further to £38,700 by early 2025.
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The Home Office has justified these measures as part of an accelerated and comprehensive reform program to address what it describes as “unsustainable” levels of legal migration to the UK.
RFUK has filed a legal challenge against this decision, arguing that the increase came as a shock to many families already struggling with the cost of living crisis. Caroline Coombs, a spokesperson for RFUK, expressed the organization’s dismay at the abruptness of the decision: “The increases came as a complete surprise to the community we represent – and at a time when people all over the UK have been struggling with a relentless cost of living crisis.”
The legal team representing RFUK, led by Tessa Gregory of the law firm Leigh Day, will argue that the Home Secretary acted unlawfully by implementing the increases without proper analysis and in breach of critical public law duties, such as assessing the impact on protected groups.
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“The decision to increase the minimum income requirement is already having a devastating impact on thousands of families, parents, and children who are struggling to come to terms with a future where they are indefinitely separated due to the increased financial threshold,” Gregory stated.
RFUK’s challenge will question the legal basis for the increase and whether the decision was made in line with proper advice and procedures. “Our client, RFUK, is appalled that a decision of such import appears to have been taken by the Home Secretary in such a cavalier manner: without proper analysis; and in breach of critical public law duties such as assessing the impact of the decision on protected groups
RFUK will be asking the Court to quash the decision on the basis that the Home Secretary has acted unlawfully,” Gregory added.
The increased income requirement has significant implications for families wishing to live together in the UK. Many families have been working hard to meet the previous income threshold, only to find that the bar has been raised unexpectedly. Coombs highlighted the emotional and financial toll on families: “Whilst they have been working hard to earn and save enough to sponsor their partner, the Government has punished them once again and for many, their dream of a family life together here has been shattered.”
Josephine Whitaker-Yilmaz from the migrant support charity Praxis also weighed in, expressing disappointment that legal intervention is necessary to protect basic rights: “It is disheartening to know that courts have to be involved to make sure our rights are respected – including the right to fall in love and live with our families, together.
We call on whoever will be our home secretary after July 5 to take the price tag off love as a matter of urgency.”
The Home Office has defended the new income requirements, asserting that they help ensure that families are self-sufficient and do not rely on public funds, thus making a positive impact on the economy. When the increase came into effect in April, the Government emphasized that the minimum income requirement could also be met through savings or, if the applicant is already in the UK on a different visa, through their additional income.
The outcome of this legal challenge could have far-reaching implications for the future of family migration policy in the UK, and many will be awaiting the High Court’s decision with bated breath.
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