One of Rishi Sunak’s measures to reduce net migration is under scrutiny in the High Court, facing allegations of separating children from their parents and discrimination against women and minorities.
The Home Office raised the minimum income requirement (MIR) for visa applications to bring loved ones from overseas to £29,000 per year, with plans to increase it to £38,700 next year.
Reunite Families UK (RFUK) has filed for a judicial review, arguing that the policy violates the UN Convention on the Rights of the Child. The group claims the new MIR disproportionately affects women, ethnic minorities, and young people.
The challenge follows a clash between Sunak and Keir Starmer over net migration levels. Both parties are proposing tougher measures to reduce legal migration, which totaled 685,000 in 2023.
Introduced by Home Secretary James Cleverly, RFUK asserts that the increased MIR breaches the Equality Act and has led to the separation of couples and families due to insufficient income among most of the UK population.
The court documents argue that the policy violates the legal obligations of the Secretary of State, particularly Article 3 of the UN Convention on the Rights of the Child. Lawyers contend that the planned increase will result in many children being separated from a parent living abroad.
Caroline Coombs, representing RFUK, criticized the unexpected increases, particularly during a period of economic hardship. Leigh Day partner Tessa Gregory emphasized concerns over the decision-making process, accusing the Home Secretary of neglecting proper analysis and breaching public law duties.
Sunak announced the MIR increase in December amid pressure from the Conservative party’s right wing over rising net migration. Labour has broadly supported the changes.
Sarah Douglas, a British citizen residing in Italy with her family, expressed frustration over not meeting the new income threshold, preventing her children from living in the UK. The family struggles to reach the savings threshold, fearing further MIR increases will exacerbate their situation.
The Home Office declined to comment, citing purdah rules before a general election, while the Conservative party refrained from offering a response. Party insiders defended the MIR increase, emphasizing the importance of financial support for family members relocating to the UK.
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