On 5 July 2013 the High Court delivered its judgment on a legal challenge to the minimum income threshold (the so called “financial requirement”) for spouses and partners applying in the family route. The decision has led to the Home Office pausing decision-making on some settlement visa and leave to remain applications to enable it to consider the implications of the judgment.
The pause applies to applications which would be refused only because the rules relating to the financial threshold are not met, including, where relevant, the evidence supplied with the visa application. Therefore, applications which meet the rules or which fall to be refused on other grounds, such as requirements for English language or to be in a genuine and subsisting relationship, will continue to be processed and decided as normal.
A further announcement will be made in due course and we will post further comment at that time.