LS Legal Solicitors (RUSSIAN)

Minimum Income Rule Changes for Family Members of British Nationals & Settled Persons

Thursday 17th August 2017

The Minimum Income Requirement is a barrier for many families who would like to live in the United Kingdom together. Since introduction in 2012 it has been an issue for many families who cannot meet a requirement of income of at least £18,600 (or higher where dependent children are involved) for British citizens and settled individuals to sponsor a foreign spouse.

The Supreme Court in recent case MM (Lebanon) upheld in principle the minimum income threshold, however, obliged the Home Office to take into proper account the impact on children and other possible sources of income. New rules came into effect on 10 August 2017.

If sponsor cannot meet income criteria, it is extremely important to provide additional evidence that there are exceptional circumstances which would render refusal a breach of human rights because of unjustifiably harsh consequences for the applicant, their partner or a child. If it is proven the Home Office will grant entry clearance or leave to remain on a 10-year route to settlement.

In these circumstances, applicants will be able to rely on other sources of income, financial support or funds. These are:

• A credible guarantee of sustainable financial support from a third party, i.e. financial help from relatives from both sides.
• Credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner, i.e. existent job offer for the applicant or real basis for self-employment.
• Any other credible and reliable source of income or funds available to the couple, i.e. income from renting out a property in a home country.

All applications where Minimum Income Rule is not met will be automatically screened for exceptional circumstances, so if you have them it is important to make relevant representations.

If later the couple meet the standard requirements, it is possible to enter the five-year route for settlement.

Don't risk a refusal, contact LS Legal Solicitors today and we can assist you with making an application for a visa or leave to remain for your partner and/or child based on the new rules.