High Court has rules on UK family Immigration Rules: Not unlawful but could be Disproportionate.
(MM & Ors v Secretary of State for the Home Department(2013)) – 5 July 2013
Unfortunately the High court in a landmark appeal challenging the new rules as unlawful has in decision by Justice Blake, to the disappointment of many, concluded that the rules were not unlawful.
He, however, he did find that the earnings threshold would amount to a disproportionate interference with family life if combined with one of the four other requirements in the rules – e.g. an inability to supplement a shortfall in income with savings, unless the savings were over £16,000.
The decision now passes the ball to Home Secretary Theresa May to decide whether any amendments should be made to satisfy the requirements of proportionality.
Home Office Responce:
UKBA has reacted by suspending all those case for spouse visa which don’t meet the finical threshold as they decide what to do about the recommendation. This means that is you qualfiy under the current rules then you application with be dealt with as normal but if you fall short only due to not meeting the current financial threshold then you application would be put in the “waiting pile” as they consider the courts recommendation among which to low the finical thershhold. See the UKBA for there statement.