Reunite Families UK (RFUK) has initiated legal action against the UK government’s decision to raise the minimum income requirement (MIR) for spouse, partner, or family member visas to £38,700. RFUK, backed by Leigh Day, has filed for judicial review, arguing that the decision-making process lacked proper analysis and was hastily executed, thereby breaching public law duties.
The organization contends that the sudden increase in the MIR from £18,600 until April 2024 to £38,700 by 2025 was not adequately considered and was driven more by a desire to demonstrate swift action on net migration rather than policy analysis.
RFUK’s challenge asserts that the decision failed to meet the Secretary of State’s Tameside duty of inquiry, as it did not sufficiently assess how aligning the MIR with the salary threshold for skilled worker visas would serve its intended policy objectives. Moreover, RFUK argues that the decision violates the Secretary of State’s Public Sector Equality Duty and obligations under the Borders and Citizenship Act 2009, disproportionately affecting women, certain ethnic groups, and young people.
The current MIR, established in 2012, underwent public consultation and thorough analysis by the Migration Advisory Committee to ensure migrant families could support themselves in the UK without relying on state assistance.
Caroline Coombs, representing RFUK, criticized the government for imposing unexpected increases that exacerbate the challenges faced by families amid a cost of living crisis. She called for a more compassionate migration policy that acknowledges the value of bi-national families.
Tessa Gregory of Leigh Day condemned the Home Secretary’s decision, highlighting its detrimental impact on thousands of families already grappling with separation due to financial thresholds. Leigh Day intends to challenge the decision in court, alleging that the Home Secretary acted unlawfully.
RFUK’s legal action is endorsed by the Good Law Project and is being funded through crowdfunding. The legal team includes Raza Husain KC, Eleanor Mitchell, and Sarah Dobbie.
The case studies of Sarah Douglas and Matteo Cipolloni, along with Stuart Yates and his wife, illustrate the real-world consequences of the increased income threshold, causing uncertainty and delays in family reunification plans.
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