The Supreme Court in UK has backed a minimum rule for non-European spouses, the court believed that Theresa May's rule of £18,600 minimum income for British citizens to bring non-European spouses, led to tens of thousands of families to be separated.
During the judgment the Supreme Court said that the rule caused hardship but it did not mean that it was unlawful. The threshold was connected to the governments legitimate in order to ensure that couple had sufficient resources. It was only to make sure they could play a full part in British life without recourse to benefits as per the Law Gazette.
The immigration rules were amended in the year 2012; this was to establish new entry requirements for non applicants to join their spouses in the UK. The minimum income requirement was £18,600 a year plus additional sums for dependent children.
May introduced the minimum income threshold for British citizens when she was the Home Secretary back in 2012. It was estimated that the threshold excludes 41 percent of the British working population. Out of which 55 percent were women bringing in a foreign spouse to live in UK as per the Guardian.
Apparently the court was not satisfied with the current rules and guidance, it turns out that they were not flexible enough in exceptional circumstances. According to the rules and regulations, article 8 in the European Convention requires entry to be granted where the minimum threshold is not met.
The Supreme Court agreed to the fact that it was difficult for British citizens who worked outside the country and married. They cannot return home to Britain with their spouses or stable relationships due to the threshold.
It has also been harsh for couples who got together before 2012, the justices acknowledged that the rule presented a serious obstacle to enjoy their family life together.
