H.Court Find Min income Rules Disproportionate & Unjusti

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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby maniani » Tue Jun 17, 2014 2:11 pm

It has been 3 months and 12 days and there is no update? What is going on in the Court of Appeal?
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Amber » Tue Jun 17, 2014 3:16 pm

It's likely to go to the Supreme Court next so it'll still likely be many more months before any certainty arises.
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Re: any change to £18,600 income condition

Postby Shamsur3197 » Thu Jun 19, 2014 1:46 pm

Hi any body can help me ,my wife was PBS dependent and last visa was granted 20 th feb2012.until2015.she applied FLRM visa 9th of May 2014.by peo,but her visa on hold and said u need ur 18600 rules.my question is does she need to 18600 rules .our solicitors said it don't need coz she got her visa 20th July 2012.thank u
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Amber » Tue Jul 08, 2014 6:17 am

Judgement is due on Friday 11th July at 10AM.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby davisco12345 » Tue Jul 08, 2014 5:39 pm

thanks for the update.i just cant wait as my wife's visa application is still in process pending the court judgement.
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby MPH80 » Tue Jul 08, 2014 7:48 pm

davisco12345 wrote:thanks for the update.i just cant wait as my wife's visa application is still in process pending the court judgement.


Please keep in mind the previous statements in this thread - regardless of which side 'wins' on Friday - the other is likely to appeal to the supreme court.

This won't be resolved on Friday.
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Re: any change to £18,600 income condition

Postby jessicasaid » Thu Jul 10, 2014 9:52 pm

http://davidward.org.uk/en/petition/no- ... ouse-visas



Sign this petition if you are affected by the 18,600 rule!!!!! and share to facebook and other social networking sites!!!
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby maniani » Fri Jul 11, 2014 10:18 am

Bad news.SSHD's appeal allowed in all 3 cases #MMcase Rules in force 9 July 2012 still in force.MM applying for legal aid extension for SC.......
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MM Case Home Office won legality of £18,600 Minimum Income

Postby askmeplz82 » Fri Jul 11, 2014 11:04 am

Ruling has been made today 11th July 2014 at 10:30am

: MM & Ors v Secretary of State for the Home Department

Home Office has won in Appeal Court on legality of £18,600 minimum income limit for Brits sponsoring a foreign spouse

appeal allowed in all 3 cases MMcase Rules in force 9 July 2012 still in force. lawyers trying to appeal to Supreme Court. Will take a few weeks to know more
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Re: any change to £18,600 income condition

Postby Tier 4 » Fri Jul 11, 2014 11:05 am

jessicasaid wrote:http://davidward.org.uk/en/petition/no-to-18-600-income-limit-for-spouse-visas



Sign this petition if you are affected by the 18,600 rule!!!!! and share to facebook and other social networking sites!!!

Done, but don't know petitions like this make any effect at all.
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Re: any change to £18,600 income condition

Postby askmeplz82 » Fri Jul 11, 2014 11:08 am

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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Tier 4 » Fri Jul 11, 2014 11:15 am

Amber wrote:Judgement is due on Friday 11th July at 10AM.

Today
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Re: MM Case Home Office won legality of £18,600 Minimum Inco

Postby Tier 4 » Fri Jul 11, 2014 11:23 am

askmeplz82 wrote:Ruling has been made today 11th July 2014 at 10:30am

: MM & Ors v Secretary of State for the Home Department

Home Office has won in Appeal Court on legality of £18,600 minimum income limit for Brits sponsoring a foreign spouse

appeal allowed in all 3 cases MMcase Rules in force 9 July 2012 still in force. lawyers trying to appeal to Supreme Court. Will take a few weeks to know more

Sad news
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Re: any change to £18,600 income condition

Postby Tier 4 » Fri Jul 11, 2014 11:23 am

askmeplz82 wrote:http://www.immigrationboards.com/immigration-for-family-members/mm-case-home-office-won-legality-of-18-600-minimum-income-t168244.html

Sad news
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby muskaan1987 » Fri Jul 11, 2014 12:15 pm

maniani wrote:Bad news.SSHD's appeal allowed in all 3 cases #MMcase Rules in force 9 July 2012 still in force.MM applying for legal aid extension for SC.......

Does this mean home office lost the case and are allowed to appeal in s court?
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby maniani » Fri Jul 11, 2014 12:21 pm

No, the peoples have lost the appeal and the home office has win and the full judgement is here http://www.bailii.org/ew/cases/EWCA/Civ/2014/985.html
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Re: MM Case Home Office won legality of £18,600 Minimum Inco

Postby maniani » Fri Jul 11, 2014 12:21 pm

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Re: MM Case Home Office won legality of £18,600 Minimum Inco

Postby Casa » Fri Jul 11, 2014 12:27 pm

This also gives the view of Free Movement on the judgement
http://www.freemovement.org.uk/
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Re: MM Case Home Office won legality of £18,600 Minimum Inco

Postby Wanderer » Fri Jul 11, 2014 12:53 pm

Am I the only one thinking this is good news?
All IMHO....
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Re: MM Case Home Office won legality of £18,600 Minimum Inco

Postby MPH80 » Fri Jul 11, 2014 1:09 pm

I strongly doubt you're the only one Wanderer. You might find a certain Ms May in London is also fairly chilled out right now.

I'm pretty neutral about this personally. The reading I've taken from this judgement is that judge applied a test that said in order for government policy to be proportional there had to be a rational belief that the outcome sought would be found using the policy. And the judge believed that there was a strong rational argument for a minimum income threshold protecting the UK.

If you accept the first part of that - then the second part is undeniable. It's very easy to craft a relatively solid rational argument that *in general* richer individuals will cost the state less. You will always be able to find exceptions to the rule of course.

The one thing that's been re-tweeted which the judge did say and I strongly believe is that all immigration policy is discriminatory. Whether it's the fact that some countries don't require a visa prior to arrival or minimum income - there's discrimination against someone somewhere. I have to agree with the judge that it's all about whether it's justified or not.

And therein lies our 50 shades of grey.

I don't envy the judiciary in having to make these distinctions.

One thing that was very interesting to me was the pre-work and analysis that went into setting this income threshold.

M.
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