Supreme Court grants permission to appeal in ‘minimum income requirement’ case

Thu, 21 May 2015

The Supreme Court has granted permission to appeal in MM (Lebanon) and others v Secretary of State for the Home Department. The case deals with immigration rules which require that, before British nationals or other persons lawfully settled in the UK can sponsor a foreign spouse (or partner, including a same-sex partner) from outside of the European Economic Area, they must show that the sponsoring spouse in the UK has an income of at least £18,600 p.a. with additional sums for each child. This is beyond the reach of large sections of the working population.

Readers will recall that in July 2013 Blake J, sitting in the Administrative Court, substantially accepted the claimants’ arguments that in various respects the rules went too far and violated the right to family life. See judgment at [2013] EWHC 1900 Admin and a note on the case by clicking here.

A year later in July 2014, the Court of Appeal allowed the Secretary of State’s appeal: see judgment at [2014] EWCA Civ 985

The matter is now likely to be heard in the Supreme Court towards the end of this year.

Manjit S. Gill QC, Ramby de Mello and Danny Bazini of No5 Chambers appeared for the Claimants.

For further information: telephone Mark Byrne at No5’s London office on 020 7420 7500 or Abdul Hafeez at No5’s Birmingham Office on 0121 606 0500.

Please click here for further information about the Immigration, Asylum and Nationality Group.

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