Secretary of State succeeds on appeal
The Secretary of State’s appeal against MM, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 1900 (Admin) was allowed by the Court of Appeal on the 11th of July 2014.
The Court though having ruled that “all immigration rules were inherently discriminatory” found the £18,600 income requirement to be justified.
This judgement will devastate some 4,000 families who have been separated from their spouses and whose applications have been put on hold pending this outcome.
The Home office stated that the applications which were put on hold will now receive a refusal decision. Such applicants may now appeal and each case considered on its own merits.
For in-country applications which have been put on hold only on the basis of not meeting the financial requirements as spouses of settled persons, such applicants should expect a refusal decision anytime soon. It may be advisable to consider legal advice to discuss other routes which may be available.
Ruby Anugwom is an Associate Solicitor in the Exeter Employment Team. She specialises purely in immigration & nationality issues. You can contact Ruby by phoning 01392 210700 or emailing immigration@stephens-scown.co.uk