Hello reader,
Is it just me or is everyone I ask incapable of giving me a straight answer?
Dear John C Tait
Thank
you for your email of 15/10/12 about the introduction of a minimum
income requirement for sponsoring a spouse or partner under the
Immigration Rules.
From
9 July 2012, British citizens or those settled in the UK who wish to
sponsor a non-European Economic Area (EEA) spouse or partner on the
family
migration route need to meet a minimum income requirement of £18,600,
with additional financial requirements to sponsor a child under the age
of 18 before the partner reaches settlement: £22,400 for one child in
addition to the partner and an additional £2,400
for each further child. The additional financial requirement for
children applies to non-British or non-EEA children who are being
sponsored under the Immigration Rules.
The
purpose of the minimum income requirement for sponsorship is to ensure
that family migrants are supported at a reasonable level so that they do
not
become a burden on the taxpayer and they can participate sufficiently
in everyday life to facilitate their integration in British society.
British citizens and those settled in the UK are free to enter into a
genuine relationship with whomever they choose,
but if they wish to establish their family life in the UK, it is
appropriate that they should do so on a basis that does not increase
burdens on the taxpayer and promotes integration.
Everyone
has a right under Article 8 of the European Convention on Human Rights
(ECHR) to respect for their private and family life, however it is not
an absolute right. It is legitimate to interfere with the exercise of
that right where it is in the public interest to do so, and in
particular where it is necessary for public protection or for the
economic well-being of the UK, which includes maintaining
our immigration controls.
The
maintenance requirement before 9 July in practice meant that any
sponsor earning, after tax and housing costs have been deducted, more
than the equivalent of income support
for a couple (around £5,795 a year) was deemed to have sufficient funds
to sponsor a spouse or partner. This is inadequate to prevent burdens
on the taxpayer; whilst the migrant spouse or partner cannot access most
welfare benefits before settlement, their
presence in the UK may increase the sponsor’s entitlement to certain
benefits, e.g. Housing Benefit.
The
minimum income requirement was set at £18,600 after considering advice
from the independent Migration Advisory Committee (MAC), who had been
asked to advise on what the threshold
should be to ensure that the sponsor can support the spouse or partner
and any dependants independently without them becoming a burden on the
taxpayer. Their
report, which was published on 16 November 2011,
recommended
that the threshold should be set in a range between £18,600 (the level
at which a couple generally ceases to be able to access income-related
benefits) and £25,700 (the level at which
the sponsor becomes a net contributor to the public finances).
The
present or prospective earnings, or any job offer, of the migrant
spouse or partner will not be taken into account when they apply for
entry clearance
to come to the UK. This is because employment overseas is no guarantee
of finding work in the UK and job offers can be hard to validate. Once
the migrant is in the UK and has obtained employment, the income from
this may be counted towards meeting the financial
requirement at the subsequent application stages for leave to remain.
At that point the UK Border Agency will be able to check that employment
has been obtained and is a reliable source of income.
The rules make provision for cash savings above £16,000 (the level of savings at
which a person would generally not qualify for income related benefits) held by the
sponsor, the applicant or jointly for at least six months at the time of application, to
be used towards meeting the requirement. Other income, for example from
investments or property rental, may also be taken into account.
Full
details of the changes to the family Immigration Rules, including the
ways in which the financial requirement can be met, can be found on the
UK
Border Agency’s website at:
Yours sincerely
Public Correspondence Team
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I feel like my question is being intentionally ignored at this point and I am becoming increasingly frustrated with the 'copy and paste' responses I am receiving.
Thank you for reading,
John
