Minimum Income Requirement for UK Spouse Visas, deemed "lawful"
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The UK Supreme Court, on the 22nd of February 2017, decided that the Minimum Income Requirement, or “MIR,” was lawful. This follows the Judicial Review applications made by 5 people on the basis that the MIR was unlawful and should be abolished or amended.
What is MIR?
The MIR was incorporated in the Immigration Rules in July 2012 in order for couples to show that they will have sufficient monies to support themselves when they come and live in the UK, without having to apply for public funds, or welfare benefits.
Usually, the settled partner living in the UK must prove that the MIR is met. The settled partner can be a British citizen, someone with Indefinite Leave to Remain (ILR) or settlement in the UK, a refugee status or they have a Humanitarian Protection status.
They need to provide evidence that they are earning a minimum amount of money, (see below), in order for their non-EEA citizen partner to be eligible for entry clearance to come to the UK and join them permanently.
The Minimum Income Threshold: What are the Different Rates?
Currently, the MIR is £18,600 for a couple. If they have a non-British child, who is also coming to join the settled person in the UK, this amount increases to £22,400 (£18,600 + £3,800). If the couple have more than 1 child, this amount then increases to an additional £2,400 for each additional child, eg £22,400 for the partner and first child, and £22,400 + £2,400 (for the partner and first child + second child).
Example Scenario:
Mark has ILR in the UK after having had a visa as a worker under the Points Based System (PBS). He is married to an American citizen, Emily, and they have 2 children, Joshua and Jane, (both under 18 years old), who also live in America with Emily. Mark earns £40,000 per year.
What can Mark do in order for his family to join him in the UK permanently?Mark can sponsor an application by Emily for a spouse visa. Mark meets the MIR because he is earning more than £18,600 per annum.
What about the 2 children?
The 2 children can apply as dependent children of a settled person in the UK, and they are applying with their mother at the same time, who is also applying to join Mark in the UK.
Mark will have to show that he has £18,600, + £3,800 (for Joshua) + £2,400 (for Jane). Mark would need to earn a total of £24,800.
What if the settled person earns less than £18,600?
If the settled person earns less than the MIR, other factors can be taken into account, such as a second job and/or savings, for instance. This requires various ways of calculations, however, and needs to be discussed with a legal expert.
What if the settled person has no other means of income, apart from their current job?
There are other legal ways of coming to the UK without necessarily having to meet the MIR under the Immigration Rules. One such route is called the “Surinder Singh” route. For more information about this or any other immigration legal advice, please contact us.
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