A measure implemented by Rishi Sunak aimed at reducing net migration is facing a legal challenge in the high court. Critics argue that the policy, which raises the minimum income requirement (MIR) for visa applicants seeking to bring family members to the UK from overseas, disproportionately affects women and minorities and separates children from their parents.
Under the new rules introduced by Home Secretary James Cleverly, applicants must earn £29,000 per year, with plans to increase this to £38,700 next year. Reunite Families UK (RFUK), a pressure group, has filed for a judicial review, asserting that the measure contravenes the UN Convention on the Rights of the Child and the Equality Act. They question the legal basis for the increase and whether it aligns with official Whitehall advice.
The move follows a disagreement between Sunak and Keir Starmer over net migration levels during a recent ITV debate. Both parties pledge tougher measures to reduce legal migration, which reached 685,000 in 2023.
Critics argue that the MIR increase, implemented in April, has resulted in the separation of couples and families, as many UK residents do not earn enough to meet the new threshold for sponsoring a foreign spouse.
Court documents suggest that the increase breaches the secretary of state’s legal obligations under the UN Convention on the Rights of the Child, potentially leading to the separation of children from a parent living abroad.
Caroline Coombs of RFUK criticized the surprise nature of the increases, particularly amid financial difficulties faced by many in the UK. Tessa Gregory, a partner at Leigh Day representing RFUK, condemned the decision-making process, alleging a lack of proper analysis and breach of public law duties.
The rise in MIR was announced by Sunak in December amid pressure from the right of the Conservative party regarding rising net migration. A family visa is necessary for British citizens or settled residents wishing to bring a foreign partner and potentially children to live in the UK together.
Sarah Douglas, a British citizen living in Italy with her family, shared her family’s struggle to meet the new income threshold. Despite being married for 14 years and having children who are British citizens, Douglas cannot afford to relocate to the UK due to her part-time income as an English teacher. The increased savings threshold further complicates their situation.
The Home Office, approached for comment, deferred to the Conservative party due to purdah rules ahead of a general election. While the Conservative party declined to comment, insiders defended the need for financial support for family members relocating to the UK.
The challenges posed by the minimum income visa requirement highlight ongoing debates about migration policy and its impact on families and individuals affected by the regulations.