The Court of Appeal has ruled on family migration into the UK, what do you think of the ruling?
The Court of Appeal has handed down a decision regarding the rules on family migration in the UK. It was suggested that British Citizens or partners settled lawfully within the UK would be required to show that they have an income of at least £18,600 P.A. before foreign partners from outside the European area can be allowed into the UK. Additional sums must also be required for each child they can bring into the UK.
The Court of Appeal has upheld the requirements as lawful. The court reached their decision on the basis that it wasn’t for the court to analyse the basis of Secretary of State’s decision to implement such requirements into the rules of immigration, which essentially are statements of administrative policy. This, in essence, is a restrained form of review and somewhat suggests a lack of willingness somewhat, definitely when interfering with the decisions of the government. The Supreme Court has also granted permission to those who wish to appeal, especially on arguments that include a mere rational belief is wrong. It’s also likely that the present case in its form will proceed to the Supreme Court.
The decision has come over four months after all of the appeal were heard throughout March 2014, coming two years after the original rules were introduced. Since this time the Secretary of State has imposed a stay on new applications which would otherwise have experienced refusal simply from failing to satisfy the new rules introduced. This will no doubt be lifted and it will give people an opportunity to finally mount an appeal against any negative decisions made. In the meantime, a considerable number of families will be kept apart, regardless of the affect they would or wouldn’t have on the state.
The rules have forced a massive number of British citizens to go and live in Europe for a considerable amount of time, exercising their right as a citizen of the EU, until they can lawfully come back months later with their spouses under the law of the European Union. In other cases, the new rules have forced people out of the United Kingdom and Europe altogether, even though they’re in Britain lawfully, having settled in the UK for many years. The impact that is has on young people is yet to be seen, but part-time workers and women, specifically those who come from a racial minority background and in low-paid jobs may actually be severe. All factors of the ruling will be under assessed and review numerous times in order to make sure that they’re not incredibly harsh.
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