The minimum income visa rule for bringing family members from countries such as India has been challenged by the campaigners after it was found that no effective amendment has been taken on the issue even after the judgment by the Supreme Court.
According to the rules, a British citizen has to earn £18,600 annually to bring the spouse from the countries outside of European Economic Area or EEA such as India to settle in the United Kingdom.
Bringing spouse along with a child takes £22,400 as an annual salary and more £2,400 for each additional child. This rule was came into operation in 2012 for preventing the foreign spouses to be reliant on the money of UK taxpayers.
In its judgment, the Supreme Court had said that even though the rules are broadly legitimate, it is important to make effective amendments for the children who may suffer due to the missing of parent.
The campaigners have found that the UK Home Office is not making the important steps to make the effective amendment after the judgment of the Supreme Court.
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Chai Patel, a legal director of the Joint Council for the Welfare of Immigrants said that the research tells that the children are in trauma due to the staying away from parent and Supreme Court has approved it. However, the government is still silent on this issue and working on the policy.
The changes in the policy are scheduled to be implemented from August 10.
He further added that the JCWI is monitoring the legal implementation of the law in August and will challenge the rule if any “illegality” is found.
Even though the total number of immigrants affected by the rule in still unknown, according to the experts, large number of Indians are also facing the tough situation due to this rule, which was proposed by the British Prime Minister Theresa May in 2015. May was working as Home Secretary in 2015 under the government of David Cameron.
According to a report named, Family Friendly, the requirements in the rule is too high and is highly discriminatory. The rule also stated that the British citizens who have relationships in the abroad would be penalised due to the rule and would find it highly difficult to return.
By Prajakt K.