There has been some negative press recently in relation to the changes brought in last year to the requirements for family settlement visas. The criticism centres on the financial requirement, whereby those who wish to sponsor a non-EEA spouse into the UK must be in receipt of an income of at least £18,600, plus an additional amount for any children. Such a level of income is of course a dramatic increase compared to the old system of assessing whether a sponsor's income was at or above the income support and benefits to which they would otherwise be entitled.
Such a calculation meant that the means available to those who sought to enter and live in the UK would be assessed on a comparable basis to British nationals, which seemed to be a fair approach.
It is understandable that the Government should wish to ensure that migrants to the UK have sufficient funds with which to live comfortably after they arrive here. The issue here is that the imposition of a fixed amount does not distinguish between gender or geography. Indeed, there are murmurings that imposing a minimum income figure may actually be discriminatory towards women, who will often find it more difficult than men to demonstrate that they are in regular receipt of such a level of funds.
The fixed income level also takes no account of wage disparities between north and south. Whilst £18,600 may seem small beer to those living in London and the South East, it is a substantial income in many other parts of the UK, far exceeding minimum wage levels. Can it be fair to exclude British citizens from the benefits of the immigration system because of where they live?
At the very least, the £18,600 threshold may infringe the UK's obligations under Article 8 of the European Convention on Human Rights, unless it can show that imposing such a figure is a proportionate means of achieving a legitimate aim. Otherwise, the UK risks breaching its citizens' (and their family members') right to family life. Indeed, in documented cases it appears to be separating children from their parents and breaking up families.
We can expect the minimum salary issue to be litigated through the immigration courts and those courts to take a very keen interest in the arguments advanced by the Government that the threshold is justified as a proportionate means of achieving a legitimate aim.
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