CALL US NOW ON 0121 356 4556
  • Facebook
  • Twitter
  • YouTube
  • Facebook

J.M. Wilson Solicitors has excelled in providing expert legal assistance since 1991. Highly professional staff are friendly and offering expertise in:
• Property  • Immigration, Asylum & Human Rights  • Criminal & Civil Litigation  • Wills and Probate  • Public Law  • Family Law
Buying & Selling Property
Immigration & Asylum
  • Human Rights
  • Criminal & Civil Litigation
  • Wills and Probate
  • Public Law
  • Specialist Family Law
    2 Easy Steps To Find
    The Right Solictor
    • Call 0121 356 4556 or fill in the form
    • Your chosen specialist solicitor calls you
    Quick Enquiry Form
     
    Captcha plugin for Joomla from Outsource Online

    Minimum financial income case

    Following the High Court’s blow to the Secretary of State’s minimum income requirement for spouses in July 2013 the Court of Appeal will be considering the Secretary of State’s appeal against the High Court over a two day hearing on 4th and 5th March 2014.

    Mr Justice Blake in the High Court accepted there should be a minimum income requirement however identified 5 features of the new rules that when applied to Refugees and British Citizens concluded are unjustified and a disproportionate interference with a spousal relationship. These were:

    1. Setting the minimum income level above £13,400
    2. The requirement of £16,000 before savings to rectify any shortfall
    3. The use of a 30 month period for forward income projection, as opposed to 12 months
    4. Not allowing third party support even if credible and reliable evidence of it is provided
    5. Not considering the spouses own earning capacity during the 30 month period of initial entry

    The case is of overwhelming importance and has effected thousands of families worldwide from all walks of life. The Secretary of State has suspended making decisions where applicants would fall for refusal solely on the grounds of income which has meant thousands of application have been hold since July 2013.

    Sanjeev Sharma of J.M. Wilson Solicitors LLP states:

     

    “I have been approached by many people who are in genuine relationships and work all the hours they can but still are unable to meet the rules. I have come across families with children who are torn apart due to the requirement, British Citizens who have had to take voluntary exile from the UK and live with their families abroad. The UK has always promoted family values but these rules go directly against those values and has resulted in the very people the Secretary of State is trying to protect to be discriminated against.”