Home Office Minister admits that spouse migration rules are ‘unfair’ to UK citizens

It is well known how strict and unfair the financial requirements are under Appendix FM of the Immigration Rules (earnings of at least £18,600/savings of at least £62,500 for at least a six month period) if a person who is British or holds permanent residence wishes to bring their non-EEA partner to the UK.

It is also well known that EEA nationals have far more rights and far less stringent Regulations to meet in order to bring their family to the UK, indeed the Surinder Singh route, whereby a British citizen can use their EEA rights in certain circumstances to bring their family members to the UK is steadily increasing.

Now, over two years after the strict family migration Immigration Rules were introduced on 9th July 2012, the Home Office Minister James Brokenshire has finally admitted that the spouse migration rules are ‘unfair’ to UK citizens and he has stated the following: "I don't find that acceptable and it something that needs to be addressed.”

Although there are currently no plans for the government to change the rules at present (with regard to family migration, it is expected that there will be imminent changes to the Tier 1 (Investor) category, and earlier this week it was announced that the visit visa categories will be reformed), it is interesting that the government has finally admitted that the rules are unfair and that there is the possibility of them being changed in the near future.

We will continue to keep you updated.

Posted on Feb 12, 2015.

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