The UK Supreme Court backs UK
Prime Minister Theresa May's £18,600 minimum income requirement for British
individuals to bring in non-European spouses in Britain. But, it also
acknowledges the "harshness" of the particular tenet -- the reality
painted by immigrant family campaigners as tens of thousands of British
families torn apart by the requirement.
According to Lord Carnwath and
fellow judges, the minimum income threshold is "accepted in
principle" but said the Home Office's rules and guidance is
"defective and unlawful" until it "gives weight to the interests
of children involved.
The threshold of £18,600 is quite
high as it excludes almost half of Britain's population to bring into
UK a
foreign spouse. Immigrant campaigners said an average of 15,000 British
children have been communicating with exiled parents through Skype calls since
the introduction and implementation of the rule in 2012.
Lord Carnwath and other justices
agree that the rule presents a "serious obstacle to their enjoying family
life together." For low earners, the rule can introdue perpetual
suffering. The still-existing gender pay gap would make it difficult for women
to bring in their foreign spouse into the country.
Joint Council for the Welfare of
Immigrants Chief Executive said the judgment is a "victory" for
immigrant families. Despite being agreed upon on theory alone, the recognition
of the UK Supreme Court that the rules are useless because it does not consider
the best interests of the children.
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