UK Supreme court ruling on the UK minimum income 2017 requirement

By |2018-07-17T09:28:17+00:00March 9th, 2017|Categories: UK Family Migration Visas|Tags: |

UK Supreme court ruling on minimum income requirement

The UK Supreme court handed down the ruling in R (on the application of MM (Lebanon) and others) v Secretary of State for the Home Department [2017] UKSC 10, 22 February 2017.

This case was linked with 4 other cases before the Supreme Court:
R( Abdul Majid (Pakistan)) v SSHD; R (Master AF) v SSHD; R (Shabana Javed (Pakistan)) v SSHD; R(SS (Congo) v Entry Clearance Officer

Background:

In four appeals the appellants had claimed that the Rules themselves, and the Immigration Directorate Instruction on family migration giving guidance to entry clearance officers (‘the Instructions’), are incompatible with the rights protected by the European Convention on Human Rights (ECHR), principally the right to family life in article 8, and unlawful under common law principles.

Judgement:

The Supreme Court unanimously (i) allows SS’s appeal, restoring the decision of the Upper Tribunal in her case, and (ii) allows the other four appeals to a limited extent. The court holds that the Minimum Income Requirement is acceptable in principle but that the Rules and the Instructions unlawfully fail to take proper account of the s 55 duty. The Instructions also require amendment to allow consideration of alternative sources of funding when evaluating a claim under article 8. Lady Hale and Lord Carnwath give a joint judgment, with which all the other Justices agree.

You can read the full judgement here.

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About the Author:

Hemang Lahheru, Director of Marketing and Operations heads the Mumbai Office. Hemang has a MBA in Strategic Marketing from the University of Hull (UK) and has lived and worked in UK for half a decade. In addition he has worked in Strategic roles for companies like DHL Global Forwarding and Goldshield Group plc. He has extensive experience in the internationally including roles in operations, business development, expatriate management, and compliance. Hemang is responsible for existing and prospective client relationships for Smart Move Global Visas worldwide.