Our team review of the MM v SSHD case

MM v Secretary of State from the Home Department [2014] –  Disappointment for Families Across the UK

The Court of Appeal's judgement in the case MM v Secretary of State for the Home Department [2014] was handed down on Friday 11 July 2014, will spell disappointment for many families across the UK.

The appeal judges ruled that the current minimum financial requirement to bring your partner to the UK, on an annual salary of £18,600 (and significantly higher if you plan to bring your children over as well), does not represent an unreasonable obstacle to the individual's right to family and private life in the UK, when considered in the light of the Government's duty to safeguard the economic well-being of the country.

The decision came after court proceedings that questioned whether the financial requirement in family reunion cases has been set at the right level and whether individuals on lower incomes have a fair opportunity to bring their loved ones to the UK.

The decision is regrettable as it will mean that many British citizens and individuals settled in the UK will remain unable to bring their partner or children to the UK, as they are simply unable to meet the high financial threshold set out above.

For now, the individuals that are able to find ways to show that they can meet the financial requirement, will go through to obtain a visa with difficulties for others. While for the many that can't, they will remain separate from their families and loved ones.

If you need help navigating the minimum income requirements – or even if you don't – contact us at iam to ensure that your application for a family member gets the best chances of success.

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Maria Pintado

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