A Bradford MP has welcomed the judgement by the High Court that the Government’s minimum income requirement set at £18,600 for family visas was “unjustified” and “disproportionate”.
This has led to the Home Office pausing decisions on applications which would have been refused solely on not meeting the minimum income requirement.
Bradford East MP David Ward (pictured) said: “It’s very welcome, indeed, that the High Court has confirmed what I and several colleagues have been saying for a long time, that the minimum income requirement was far too high and as a consequence was tearing families apart unnecessarily.
“Its noteworthy that the family visa regulations have failed its first real legal scrutiny since its introduction last year, it’s symptomatic of a failed set of procedures and these unfair and inhumane rules must now be reformed.”
Since being introduced in July 2012, the new minimum income requirement has proved controversial as many have been unable to sponsor their spouse or partners, ripping relationships apart.
Because of this, three claimants challenged the Government’s Family Visa rules in the High Court, on the basis that the rules were discriminatory and interfered with Article 8 of the Human Rights Act, the right to a private and family life.
In a judgement in the High Court, Mr Justice Blake stated that while the visa rules were not unlawful on the basis of discrimination, or due to a conflict with the statutory duty to regard the best interests of children while making visa decisions, he said that the earnings threshold was disproportionate if combined with one of the four other requirements in the rules - for example, an inability to supplement a shortfall in income with savings, unless the savings were over £16,000.
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