BIC had a number of questions from clients after the UK High Court found the controversial UK immigration rules requiring a minimum income of at least £18,600 for spouse visa applications, as 'unjustified and disproportionate' where the sponsor is a refugee or a British citizen.
The UK Home Office said in response to the judgement that it will pause all applications that would have been refused on the grounds of the income threshold not being met, and that they will make a further announcement in due course.
Please see below some questions and answers on the issue.
Is it still possible to apply for a spouse/partner or child application under the UK family migration rules?
Yes, it is.
However, if you do not meet the minimum income threshold, the UK Home Office will pause consideration of your application, until further notice.
However, applications that will be refused based on the other requirements not met, such as the English language requirement, and that the relationship must be genuine and subsisting, will be continued to be processed and decided as normal.
What happens if I do meet the minimum income threshold requirement?
If you do meet the minimum income threshold requirement, your application will be considered as usual, and should you fulfil all the other requirements, you should be successful in your application.
How long will this 'pause' in considerations of applications that do not meet the income requirement be?
We have no further information in this regard, but will inform clients as soon as we hear anything. The UK Home Office said that it will make further announcements, as soon as they have considered the implications of the judgement.
What if I want to withdraw my application?
If your application has been 'paused' and you withdraw your application, you will receive your passport back, but will lose your application fee.