Supreme Court Hearing Ruling – Challenge To Foreign Spouse Income Threshold

Supreme court hearing ruling (Appendix FM)


The Supreme Court is set to deliver a verdict on the legality of government financial regulations affecting British citizens seeking to reunite with their spouses or partners in the UK. These regulations include a mandatory “minimum income” requirement, which critics argue is impeding family reunion for many individuals.


The cases under consideration revolve around the stipulation that a UK sponsor must demonstrate a minimum gross annual income of £18,600 before they can apply for spouses or partners from non-EEA (European Economic Area) countries to join them in the UK.


The rulings by the Supreme Court justices are eagerly awaited and are expected to have significant implications for families seeking to reunite in the UK.


Appendix FM outlines the requirement for partners seeking to settle in the UK to have a combined income of at least £18,600 per year. This requirement also applies to those seeking indefinite leave to remain within five years. Additionally, if the couple has children who are not British citizens, EEA nationals, or permanently settled, they must demonstrate additional funds.


For each child beyond the first, an extra income of £2,400 is required, while the first child necessitates an additional £3,800. This financial threshold is referred to as the ‘minimum income requirement.’


Applicants may fulfil this requirement using either income or savings. The method for demonstrating financial capability depends on how the income was acquired.


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