Home Office will appeal High Court ruling on the minimum income threshold for non-EEA spouses - ICS Legal Blog

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Home Office will appeal High Court ruling on the minimum income threshold for non-EEA spouses

The Home Office announced on Friday that it will appeal the High Court’s judgment earlier this month which found that the minimum earnings threshold required to bring in a non-European Economic Area spouse under the Immigration Rules amounts to a disproportionate interference with family life.

We reported on the judgment (MM v Secretary of State for the Home Department) and the subsequent pause in some Home Office decision-making here.

According to the Home Office’s July 26th statement, that pause remains in place until the case is finally determined by the Courts.

Announcing its decision to appeal MM, the statement explained that the Home Office believes matters of public policy, including the detail of how the minimum income threshold should operate, are for the Government and Parliament to determine, not the Courts.

“We are therefore pursuing an appeal against the judgment. We have asked the Court of Appeal to expedite this. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold,” the statement continued.