In the previous article (Immigration November Update) we mentioned that the strict financial requirements set by the home office were subject to ongoing litigation. This has finally resulted in the Supreme Court giving their judgement on the matter on 22 February 2017.
In summary, the Court held that the current income threshold is lawful, but did admit that it will continue to cause “significant hardship” for thousands of couples. The Court went on to state that the manner in which the financial requirements were implemented unlawfully and fails to take into account the best interests of children.
Thus, there was an indication that the rules should be amended to take the above into account as well as to allow “alternative sources of funding” to be considered alongside salary.
In a way, this represented a victory to families with children and we understand that the home office are looking to revise their policy on this. As such, pending and newly submitted applications from abroad are being held in abeyance until there they come up with a revised set of policies.