The Government's "minimum income" immigration requirement does not breach human rights legislation, the Supreme Court has ruled.

Since the new rules were introduced in July 2012, the UK partner -- a British citizen or settled person -- must have a minimum annual income of at least £18,600 for their spouse to live with them, if the spouse comes from outside the European Economic Area.


Previous rules only required the couple to show that they could support themselves without the need of state help in the form of public funds.


Four couples challenged the rules on the grounds that they breached their human right to a family life.


Handing down their ruling, the Supreme Court justices upheld the "Minimum Income Requirement" rules, saying they did not violate human rights legislation.


The Supreme Court said the minimum income requirement had caused significant hardship to many, but ruled that in principle it was not inconsistent with the European Convention on Human Rights.


"The fact that a rule causes hardship to many, including some who are in no way to blame for the situation in which they now find themselves, does not mean that it is incompatible with the Convention rights or otherwise unlawful at common law," the court said.


The court said the current rules did not adequately account for the protection of children or the possibility that alternative sources of funding be allowed other than the income of the Briton.


"These are significant victories for families up and down the country," said Saira Grant, Chief Executive of the Joint Council for the Welfare of Immigrants.


"This judgment confirms that the government's position is now untenable and they must now take immediate steps to protect the welfare of children in accordance with their legal duty."

 

A Home Office spokesman said the court had endorsed the government's approach, but it was "carefully considering what the court has said in relation to exceptional cases where the income threshold has not been met, particularly where the case involves a child."