The minimum income of £18,600 to be able to bring over non-EU spouse is ‘unachievable’ for several people, residing in the UK. An income more than £18,600 is indispensable to bring over a non-EU spouse, must be earned by a British citizen, and further rising to £22,400 if they have a child who does not have a British citizenship, and an additional £2,400 for each subsequent child. Several have termed the change in rule as “irrational and absurd” minimum-income visa requirements, with some couples having no hope of ever being able to live together in Britain, the UK Supreme Court has heard.
The rules are creating “Skype families” said Anne Longfield, the children’s commissioner in London. The migrants’ rights groups and family campaigners, argue that they have been refused the right to family life.
Introduced in July 2012, the critics dispute that the law, penalizes 43% of the UK population and means British citizens in full-time employment on minimal wage cannot enjoy the right to live with their families.
Justice Mr. Blake said it as a disproportionate interference with a genuine spousal relationship and suggested a minimum income closer to minimum wage would be more relevant. A case was dismissed by court of appeal last year, when the Supreme Court challenged three appellants: two of them, Abdul Majid and Shabana Javed, are British and both married to Pakistani nationals; and the third one is a Lebanese refugee.
A research by Middlesex University and the charity the joint council for welfare of immigrants, in September last year, found that about 15,000 British children are either separated from one parent or forced to grow up outside the UK because of the rules. However, a final decision on this is expected within six months.