Supreme Court: MIR is Lawful

” Apart from being almost impossible to understand because of having been drafted in an unfriendly style, the reformatted rules entailed a previously unseen, indeed almost unknown, type of calculus. Boosting refusals, alien variables crept into ordinary immigration applications. Nothing even faintly resembling the new system had ever been seen before.”

United Kingdom Immigration Law Blog

MM (Lebanon) & Ors v SSHD and Anor[2017] UKSC 10 (22 February 2017)

Victims of the dreaded Minimum Income Requirement must have preferred the first instance judgment when they enjoyed greater success before a single judge. Afterwards the Court of Appeal decided otherwise by holding that the MIR is lawful. The Supreme Court sadly followed suit. Containing a core feature that demands a gross annual income of £18,600 to sponsor a partner for a visa, the MIR imposes additional requirements of £3,800 for the first child and £2,400 for each child thereafter. All this does not apply to EEA-nationals but applies to British citizens and settled migrants. It also applies to refugees, and those granted humanitarian protection, aiming to sponsor a post-flight partner and dependent child or children. Although the MIR allows minimum specified savings of £16,000 to rectify an income shortfall, neither the non-EEA partner’s income nor third-party…

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