Financial threshold to be raised?

[benbridge]

In today's election manifesto published by the Conservatives (who are widely expected to comfortably win June's general election), they make mention of a wish to raise the earnings threshold for people who sponsor a family member to join them in the UK.
With all the controversy over the existing 18,600 level, this is disturbing, but not exactly surprising, given what the Tories are like. I wonder, how high could it go, and how soon would this come into effect? Any thoughts?

[bluebird12]

Not a surprise at all .....The important question is if they increase income threshold, so will the new increase income threshold also apply the applicants who already are on spouse Leave to Remain or there will be some kind of Transitional arrangement ?

[secret.simon]

For reference, the following quote is on pages 54-55 of the Conservative Manifesto.

We will, therefore, continue to bear down on immigration from outside the European Union. We will increase the earnings thresholds for people wishing to sponsor migrants for family visas. We will toughen the visa requirements for students, to make sure that we maintain high standards. We will expect students to leave the country at the end of their course, unless they meet new, higher requirements that allow them to work in Britain after their studies have concluded. Overseas students will remain in the immigration statistics – in line with international definitions – and within scope of the government’s policy to reduce annual net migration.
Leaving the European Union means, for the first time in decades, that we will be able to control immigration from the European Union too. We will therefore establish an immigration policy that allows us to reduce and control the number of people who come to Britain from the European Union, while still allowing us to attract the skilled workers our economy needs.

if they increase income threshold, so will the new increase income threshold also apply the applicants who already are on spouse Leave to Remain or there will be some kind of Transitional arrangement ?

It has been the practice that people already in the country under a specific grant of leave to remain continue under the terms of that visa until either such leave expires, the person applies for grant of leave under a different route or the person acquires ILR. So, I expect that non-EEA spouses already in the UK will likely continue under the current requirements.

With all the controversy over the existing 18,600 level, this is disturbing, but not exactly surprising, given what the Tories are like. I wonder, how high could it go, and how soon would this come into effect? Any thoughts?

I agree that there is no surprise. I would guess that the Home Office was working on this almost immediately after the Supreme Court judgment on this matter in February. Which is why, I think that, assuming the Tories do return to power, we can expect new guidelines by the beginning of July.

As regards what level it is set, I have unfortunately damaged my crystal ball, so I can't tell for sure. It is possible that the government may go for a decile of earnings rather than a set level. So, as average wages go up, the earnings requirement goes up automatically. Alternatively, it is possible that it may be based on other factors, such as being a multiple of adequate maintenance. Or a combination of the two, with a minimum amount set as the floor.

As Donald Trump would put it, "who knew" that guessing the earnings requirement would be so hard.

[seagul]

But on the other hand labour vows to eliminate income threshold:
https://www.google.co.uk/amp/www.indepe ... html%3Famp

[benbridge]

It's horrible
I moved back to the UK late last year and feel that I have done well to start a new career on about 24k - well above the 18,600, and in a couple of months it'll be 6 months of employment, so I'll be ready to apply for my wife to join me. If they whack it up to 25k or higher, I will feel so cheated. And for those who only just meet the 18,600 now, of which they are many, they will be hurt enormously.

[kamsi]

But on the other hand labour vows to eliminate income threshold:
https://www.google.co.uk/amp/www.indepe ... html%3Famp

http://www.independent.co.uk/news/uk/po ... 42791.html

[seagul]

But on the other hand labour vows to eliminate income threshold:
https://www.google.co.uk/amp/www.indepe ... html%3Famp

http://www.independent.co.uk/news/uk/po ... 42791.html

@kamsi
The link you given is Tory manifesto which we already talked above. The one I given belongs to labour manifesto if miraculously they succeed.

[helpplease!]

Hi Guys,

This issue is very close to home. I am British and my wife is Turkish. After much trouble, she has been here in the UK as my spouse with a UK Residence Permit since October 2016, expiring in July 2019. The conservative manifesto does not surprise me unfortunately, but like you guys, I am concerned by how much they will increase it by. And where will this end? If they are willing to increase the much frowned upon threshold which is seen to be the most difficult hurdle, what else are they willing to change to make more difficult for genuine couples?

What did surprise me in the Independent article is the following paragraph;

"The threshold rises to £22,400 if there is one or more non-European-born child in the family – and the income of the non-European partner does not count towards the threshold."

I have asked about this on immigration boards before, whether or not my wife (who is in full time employment and earns higher than the current threshold) can use her income to meet the financial requirement. Experienced voices on here have said yes, either the spouse or British Citizen can show their income to meet such threshold or if necessary you can combine the two.

Any further thoughts on this would be helpful, as this now seems unclear (whilst I do accept the media can be misleading).

[seagul]

I don't think anyone can predict yet as how much increase will be towards existing income threshold if that happens. But I think it will such figure of amount which a family need to have not to become burden on public funds like before if it's increased by benefits authorities too.

[mkhan2525]

I don't think anyone can predict yet as how much increase will be towards existing income threshold if that happens. But I think it will such figure of amount which a family need to have not to become burden on public funds like before if it's increased by benefits authorities too.

It was reported at the time that Theresa May wanted to set the threshold at £40,000. It was the Lidems who were then in coalition that persuaded her to lower it to £18,600.

In light of the court judgement in MM Case she can set the amount to any figuure she wants. I wouldn't be suprised if there is an attempt to shut down the spouse route just like the ADR route.

[seagul]

The whole purpose of income threshold is to make sure that family not become burden on public resources. In my point of view any new rise (if any) towards existing threshold will also require changing in benefits system/amounts.

[mkhan2525]

The whole purpose of income threshold is to make sure that family not become burden on public resources. In my point of view any new rise (if any) towards existing threshold will also require changing in benefits system/amounts.

I don't agree with that view based on the fact that an incoming spouse is barred from claiming benefits for 5 years therefore they cannot be a burden on the public. That was also the case under the old rules.

The income requirement was introduced to help lower net migration to the UK, a target which has been renewed. In the MM judgement the court noted that lowering net migration was a legitimate aim the secretary of state is entitled to pursue.

Judging by the language in the Tory manifesto, things will only get worse for citizens of non european countries.

We will, therefore, continue to bear down on immigration from outside the European Union.

[seagul]

@mkhan2525
What exactly/approximately are you going to tell/worry about? Are you going to introduce your own manifesto because at the moment no one knows about changes and all that their theoretical plans which every party during election compaigns theoretically announces. More than spouse visa changes they have to deal primarily with Brexit and disagreements with Scotland and EU.

[secret.simon]

In light of the court judgement in MM Case she can set the amount to any figuure she wants. I wouldn't be suprised if there is an attempt to shut down the spouse route just like the ADR route.

No need to be so alarmist. It is actually worth reading the Supreme Court judgment in the MM case. Paragraphs 4-8 of the judgment lays out the history of the Minimum Income Requirement, why the specific figure of £18,600 was calculated and what other figures were discussed.

As an aside, it states "The (Migration Advisory) Committee therefore recommended that the income threshold be set between £18,600 and £25,700 gross annual income". The report of that committee is linked to below. I would expect any revision of the MIR to be in that range (with wage and other inflation taken into account).

The judgment does not give the government carte-blanche to set the MIR at any level of its choice. It stresses that there is a balance to be struck between individual rights and the public interest and that the MIR is a valid tool to address the issue of the balance. If the MIR were to be set at an implausibly high level (for instance, at the 97th percentile of UK earners), it would be open to another court case to decide whether the balance is stuck at the correct level.

It has also stressed the importance of the best interests of the children to be taken into account. It is therefore not impossible that new guidance may mean that a family with children may be treated differently.

In conclusion, calm down and do some research.

Further Reading
Migration Advisory Committee November 2011 report - Review of the minimum income requirement for sponsorship under the family migration route

PS: Also see this thread - NHS Surcharge will increase in future to £600 per year. That is in the Conservative Party manifesto and I would expect such an increase within days of a Tory party victory.