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Minimum income challenge fails

17 July 2014
Issue: 7615 / Categories: Legal News
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The Court of Appeal has rejected a legal challenge against Home Office rules that British citizens must demonstrate an income of at least £18,600 per annum before they can sponsor a foreign spouse from outside the EEA.

Ruling unanimously in MM (Lebanon) & Ors v Home Secretary [2014] EWCA Civ 985, the court found the requirements were lawful.

Delivering the leading judgment, Lord Justice Aikens said: “The question is whether the fact that the new mininum income requirement (MIR) has the effect of treating different national, ethnic, racial or sexual groups differently has a legitimate aim and there is a reasonable relationship of proportionality between the means employed and the aim sought to be realised.

“There can be no doubt that the aims of new MIR, viz to reduce the burden on the state and to encourage integration, are legitimate.”

Issue: 7615 / Categories: Legal News
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Foot Anstey McKees—Chris Milligan & Michael Kelly

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