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UK News

Supreme Court rules on foreign spouses: Christian couple tell their story

by Aaron James

Judges decided the government's rules, that Britons must earn more than £18,600 before they can bring in a partner from outside the EU, does not breach human rights legislation.

The government's minimum level of income required goes up to £22,400 if the couple has a non-British child together, and rises by another £2,400 for every other child.

The requirements do not take the foreign partner's salary, savings or qualifications into account.

They were brought in to ensure spouses coming into Britain do not burden the taxpayer, but critics say thousands of families have been broken apart by the rule.

Fiona Hanson/PA Wire
The Supreme Court

Matt Doherty, a church youth worker in Bristol, was forced to find a better paid job so that he could bring his American wife Madison to the UK.

Speaking to Premier, he said: "To be told that I was not earning enough to bring my wife into the country and that I would have to find a change of career, effectively, was a very difficult thing to hear, and it made me very anxious.

"There was a time where we thought that this could either mean that we would need to live or apply in a different country, or we would need to completely change all of our engagement plans."

"The government needs to drop this assistance that only one member of a marriage is able to earn the financial requirement. That should be a burden that is shared between the couple."

Although Supreme Court judges ruled in the government's favour, they said the current minimum income rules do not adequately address the needs of children.

They also argued that other forms of income should be taken into consideration, not just salary.

A Home Office spokesman said: "The court has endorsed our approach in setting an income threshold for family migration that prevents burdens on the taxpayer and ensures migrant families can integrate into our communities.

"This is central to building an immigration system that works in the national interest.

"The current rules remain in force but we are carefully considering what the court has said in relation to exceptional cases where the income threshold has not been met, particularly where the case involves a child."

Listen to Premier's Aaron James speaking to Matt Doherty:

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