Friday 5 July 2013

Test Case on UK Financial Maintenance rules

The High Court (Mr Justice Blake) today gave judgement in the eagerly awaited
test case of MM and Others – on the Financial Maintenance rules introduced in
July 2012 for spouses and partners of British citizens.

The court refused to quash the rules on the basis that they are discriminatory
or an infringement of Human Rights. The basic principle of a minimum earnings
requirement was upheld. However, the rules were found in some situations to be
disproportionate and the court has recommended that the government should look
at some of the finer detail – perhaps on recommended savings etc..

The ball is now in the government’s court to see if they decide to amend
anything. So, overall it seems the rules are here to stay but there may be
some situations where the government might need to amend the criteria to make
it fairer.

Both sides are expected to appeal today’s decision on various points so we do
not expect any quick resolution of the legality or not, of the rules. As it
stands the rules remain in force.

We wil update on our website if anything is amended by the government.

If you need assistance on any aspect of UK migration, then please feel free to
contact us through our website;

http://www.commonwealthimmigration.com/immigration-advice-uk.htm

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