The Supreme Court has ruled on the Foreign Spouse Income Rules

The Supreme Court has ruled in favour of the Government on the Foreign Spouse Income Rules for Non-European Economic Area couples

The Supreme Court has ruled that the existing income rules relating to British citizens whose spouse is from non- European Economic Area and wishes to reside in the UK do not breach the Human Rights Act right to family life and the mandatory income of £18,600 therefore applies following several test cases that were put forward for the court’s consideration.

However, the court believes that the rules and instructions in relation to children of a family require amendment.  Critics of the current rules claim that up to 15,000 children are prevented by the income rules from joining their parents in the UK.