UK Home Office to reconsider family immigration salary thresholds

The Home Office is suspending judgements on family based immigration applications which might fail due to the present level of the minimum salary threshold.

Following a recent High Court judgment in which the presiding judge criticised and urged reconsideration of the minimum salary threshold for family immigration, processing of cases in which salaries fall below the present threshold is being suspended. Although the court did not find the thresholds unlawful, the Home Office is now reviewing the recently-raised salary requirements.

According to the High Court judgment, the thresholds were described as disproportionately high, resulting in the processing of family-based applications which would have failed solely on the salary requirements being put on hold for an unspecified time. Since the introduction in July 2012 of the increase in salary requirements, regular reports of family break-ups have emerged in the media and on immigration forums.

British citizens returning home from overseas as well as permanent residents sponsoring foreign-born spouses have to earn at least £18,600 a year. If the couple has one child, the minimum is £22,400, and increases by £2,400 for each subsequent child of the family, and the rule does not apply to foreign-born EU national partners and children.

The Home Office has given no indication as to the timeline of reconsidering the thresholds, nor has it indicated how long the suspension of cases already in the pipeline will last. However, the news that it has responded to the High Court comments may give hope to many families unalbe to be together at present.