In order to meet the requirements, the British spouse must meet the following requirements:
- Financial requirements – £18,600 additional if they have non British children
- Accommodation requirements
- Marriage subsisting test
The Supreme Court ruling held that the £18,600 threshold should be maintained however the judgment stated that consideration should be given to the “unjustifiably harsh consequences” for family’s who cannot meet the minimum requirements.
The ruling now extends the requirements as of the 10th of August, 2017 for visa sponsorship under ‘Specific Circumstances’ for those who do not meet the Financial requirements.
If an individual does not meet the requirements the Home Office will now take into consideration if an applicant can self-sustain themselves in the UK through being self-employed or genuine employment within 3 months of moving to the UK or if a family member or third party can support the individual in the UK.
This new ruling has provided a chance for those looking to reunite their families in the UK and therefore could potentially be life changing.
If you believe you may be affected by this new ruling and are unsure about what to do next, please do not hesitate to get in touch with one of our spouse visa specialists. They’ll be on hand to give you the advice you need and offer you the correct legal guidance to move forward with your spouse visa application.