Yesterday, families of UK citizens which have been prevented from living in the UK because of the minimum income visa requirement of more than £18,600 to bring over a non-EU spouse are challenging the current law in the Supreme Court. They argue that it equates to an impediment upon the right to family life.

Under the current visa system, UK citizens who wish to bring over a non-EU spouse must earn a minimum of £18,600/year, rising to £22,400 if they have a child who does not have British citizenship.

The law, introduced in July 2012, has been criticised by many for being too strict to families with non-EU members and constituting an obstacle to full-enjoyment of the right to family life for British citizens and their non-EU partners. As a consequence, many British citizens have decided to live abroad with their partners to enjoy the presence of their family, whereas others have stayed in the UK away from their partners and children, through so-called “Skype families”.

While the ruling is not expected before a number of months, a future re-assessment by the Supreme Court of the law above-mentioned would translate into a more flexible approach to establish whether or not partners and children may legally settle in the UK despite not reaching the current income threshold.

Until then, UK citizens seeking to bring over partners or their children to live with them in the UK will still have to comply with the current minimum income requirement of £18,600/year.

Do you think that the current visa system is fair? Or should it be amended in light of a full enjoyment of family life? Feel free to share this with us by commenting on Facebook.

Should you be currently looking to apply to remain in the UK with your family or partner, EA Law Solicitors will be happy to advise you as to the correct procedure for obtaining the visa which suits your situation. Accordingly, do not hesitate to contact us via telephone or email. We are committed to provide you with the utmost quality advice in the promptest time.