Updates on Immigration Rules – August 2017
As of 10 August 2017, after the decision of MM (Lebanon) & Others v SSHD, the Home Office must now take into consideration specified circumstances if the spouse does not currently meet the minimum income threshold in a spouse visa application.
Main Changes to minimum income requirement for spouse visa:
(i) When making decisions for spouse visa applications, the Home Office must take into consideration of other source of income (spouse visa) – exceptional circumstances – the new rules refer to “unjustifiably harsh circumstances”.
(ii) The Home office must consider certain extra sources of income only, such as credible offers of support from third parties and sustainable employment – the new rules do not accept personal loan as one of the sources of income.
(iii) The onus is on the applicant to prove their circumstances; they are subject to the “genuineness, credibility and reliability” test.
(iv) If applicant does not reach the minimum income rules (i.e. £18,600), new rule confirms that the spouse can only obtain settlement on a 10-year route.
The full Statement of Changes to Spouse Visa (HC290) is to be found here.
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Written by Loretta Pang