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  • Welcoming Supreme Court appeal in minimum income requirement

    Posted on 22nd February 2017 by admintremont

    In the judgment given today in MM (Lebanon) and others v Secretary of State for the Home Department [2017] UKSC 10, while the Supreme Court has decided dismiss the challenge to the validity of the rules on minimum income threshold of £18,600 per annum for non EEA spouses court states that the current rules and guidance do not address the exceptional circumstances where article 8 of the European Convention on Human Rights requires entry to be granted where the minimum threshold is not met. The court concluded

    rules fail unlawfully to give effect to the duty of the Secretary of State in respect of the welfare of children under section 55 of the 2009 Act although the validity of the rule is unaffected.