Legally Speaking | UK Home Off

Legally Speaking | UK Home Office appeals High Court judgment on minimum income threshold

The relief felt by many after the recent High Court judgment on the minimum income threshold currently required for spouse/partner visas may have been premature, as the Home Office has announced that it has filed an appeal against the judgement made on the 26th of July.

Legally Speaking | UK Home Off


The relief felt by many after the recent High Court judgment on the minimum income threshold currently required for spouse/partner visas may have been premature, as the Home Office has announced that it has filed an appeal against the judgement made on the 26th of July. The Home Office further confirmed that all decisions are on hold where the case falls for refusal simply because the minimum income threshold is not met. Cases will be paused until the matter has been finally decided by the courts. This is, of course, very frustrating for many families separated due to not being able to meet the minimum financial threshold.

Thus, to clarify the current situation;

  • It is still possible to apply for a spouse/partner or child application under the UK family migration rules, but if you do not meet the minimum income threshold, the UK Home Office will ‘pause’ consideration of your application, until further notice. If you do meet the minimum income threshold requirement, your application will be      considered as usual, and should you fulfil all the other requirements, you should be successful in your application.
  • Applications that will be refused based on the other requirements not being met, such as the English language requirement, and that the relationship must be genuine and subsisting, will be continued to be processed and decided as normal.
  • If your application has been ‘paused’ and you withdraw your application, you will receive your passport back, but will lose your application fee.

Please contact our offices for more advice in every individual case.

JP Breytenbach

Director of BIC, Breytenbachs Immigration Consultants Limited. or

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