The UK government’s recent decision to increase the minimum income threshold for family visas has ignited a legal battle and stirred accusations of discrimination. This policy, aimed at curbing immigration, has been criticised for its potential to separate children from their parents and disrupt family unity. In April, the threshold was raised to £29,000, with plans to further increase it to £38,700 next year. While the government defends the move as necessary for immigration control, opposition groups argue it unfairly targets women, ethnic minorities, and young people, potentially violating the Equality Act and the UN Convention on the Rights of the Child.
The Threshold Increase
In April, the minimum income requirement for anyone applying for a visa to bring a family member from overseas was raised to £29,000. Next year, it will further increase to £38,700. While the government aims to control immigration, this move has sparked controversy and is accused of separating families.
Discrimination Concerns
Reunite Families UK (RFUK), a pressure group, filed for a judicial review, arguing that the threshold discriminates against women, ethnic minorities, and young people. They claim that it breaches the Equality Act and disproportionately impacts these vulnerable groups. The financial requirement of £29,000 has already been blamed for splitting couples of different nationalities and forcing families to separate.
UN Convention on the Rights of the Child
RFUK’s legal challenge questions whether there was a sound legal basis for the increase and whether it aligns with official Whitehall advice or not. Additionally, they argue that the policy violates the UN convention on the rights of the child.
Labour’s Stance
Labour initially criticised the lack of proper consultation when the new threshold was announced in December 2023. However, they now broadly support the government’s policy on cutting legal immigration, emphasising skill development within the UK.
Impact on Families
The consequences of this policy are far-reaching. With the threshold set to surpass the average median UK salary, most of the population would not be able to live in the UK with foreign spouses and children. Families face the heart-wrenching prospect of being separated due to income requirements.
Legal Obligations
RFUK’s lawyers argue that Home Secretary James Cleverley’s decision was taken in a “cavalier manner,” without proper analysis or consideration of its impact on protected groups. They contend that Cleverley’s role makes him a party to article 3 of the UN convention on the rights of the child, further emphasising the importance of maintaining family connections.
Sarah Douglas: A Heart-Wrenching Tale
Sarah Douglas, a British citizen and part-time English teacher, faced challenges due to the strict UK immigration policy. Her life took a tragic turn when the government raised the minimum income requirement for family visas to £29,000 per year.
The Struggle
Sarah and her husband had built a life together, raising their young daughters. Sarah and her family had dreams of reuniting with their grandparents, but the harsh reality of the new minimum income threshold shattered those hopes. They were supposed to save a cash sum to meet the requirements, but even that goal became unattainable when the threshold increased from £62,500 to £88,500.
Sarah expressed her frustration, saying, “Being told by someone else that I cannot return to my own country with my husband is infuriating. I feel a lack of control over my own life and feel abandoned and ignored by my government. It is heartbreaking.”
(The Guardian)
Sarah’s family faces a heartbreaking situation, caught between bureaucratic rules and their desire to be together. The impact of immigration policies extends beyond numbers, it affects real lives and emotions.
The government’s decision to raise the minimum income requirement (MIR) for family visas is excessively harsh. Many families, particularly those with modest incomes, now face significant hurdles. Hardworking British citizens are finding it increasingly difficult to sponsor their non-British spouses or partners due to the high minimum income threshold. The government’s intense focus on immigration control often overlooks the rights of its own citizens. British nationals, who pay taxes and contribute to society, deserve better treatment. They are forced to choose between their families and their country, which is a cruel ultimatum.
The government’s immigration policy faces a legal challenge over a high minimum income requirement for family visas. This requirement could significantly impact many lives, raising questions about whether the government can effectively manage immigration without restricting the rights of British citizens.
How can we help you
Morgan Smith Immigration, an award-winning firm with over 20 years of expertise in UK Visa and Immigration, is here to assist you with all your visa and immigration needs. It is of no doubt that the financial requirement established by the Home Office is increasingly misaligned with the current economic reality. As living costs surge and wages remain stagnant, the Minimum Income Requirement (MIR) continues to rise, exacerbating the financial strain on families.
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