The Supreme Court this morning gave its long awaited landmark judgment in favour of UK Citizen challenging the Governments minimum income threshold of £18,600 that stops tens of thousands of UK Citizens from bringing their foreign spouses to the UK to live.
In the case of Abdul Majid and thousands of similar british families the Supreme Court held the imposition of the £18,600 rule was unlawful because it failed to give effect to the Governments duty to act in the best interests of children (s.55 Borders Citizenship and Immigration Act 2009) and the Government’s Guidance on how to apply the New Immigration Rules were unlawful and irrational because it did not allow for 3rd party support to be taken into consideration when calculating whether the minimum income rule could be met by means other than earned income.
Stuart Luke, Partner and Head of the Public Law and Community Care Team at BHATIA BEST was approached by Mr Majid after the Government introduced new Immigration Rules in July 2012 resulting in him being separated from his born wife of over 10 years and young son leaving Mr Majid to care for their remaining 3 children as a single parent. As Mr Majid could not earn the required minimum income threshold of £18,600 because of his caring responsibilities for his children and because the Government refused to take into account support from 3rd parties if his wife were to live in the UK they were forced to remain apart with Mr Majid living in the UK and his wife living in a foreign country with their young son.
The victory will mean the Government having to amend the law and any guidance to ensure that it gives full effect to the judgment by allowing for the inclusion of 3rd party support (including financial support and support in kind from family and friends) and devise a fair test to ensure when reaching a decision whether to permit a foreign spouse to enter the UK it is a decision taken with the best interests of children as a paramount and important consideration.
Mr Majid was represented by Stuart Luke of Bhatia Best Ltd and Ramby De Mello and Danny Bazini of No 5 Chambers.