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A proposed escalation of family visa income thresholds, designed to curb immigration, faces a significant hurdle as government advisers warn it likely breaches human rights laws. This development brings a tentative sense of relief to thousands of low-income Bangladeshi, Indian, and Pakistani families across the UK, who have long struggled to reunite with their spouses due to stringent financial requirements, Daily Dazzling Dawn understands.
The Migration Advisory Committee (MAC) has cautioned that increasing the annual salary required for a British resident to bring their foreign partner or spouse to the UK from the current £29,000 to £38,700 would "most likely" conflict with the right to a family life enshrined under Article 8 of the European Convention on Human Rights (ECHR). This warning comes as both the Conservative government, under Rishi Sunak, and the Labour opposition, led by Sir Keir Starmer, grapple with strategies to reduce net migration.
For many in the South Asian community, particularly those in lower-income brackets, the existing £29,000 threshold has already created immense hardship. Families are often split across continents, with spouses unable to join their partners in the UK due to income barriers. The prospect of a further jump to £38,700 had cast a shadow of despair over countless individuals hoping for family reunification. This potential halt in the increase, therefore, offers a glimmer of hope that these families might finally see their loved ones.
The Tories initially proposed the £38,700 threshold as part of a broader plan to slash net migration by 300,000 after it hit a record high of 906,000 in the year ending June 2023. While Prime Minister Rishi Sunak had initially aimed to align the family visa threshold with the £38,700-a-year required for skilled foreign workers, he staggered the increase to £29,000 last April following widespread criticism, including from senior Conservative MPs concerned about family separation.
Despite the MAC's warning, some hardline elements within the Conservative party, including Shadow Home Secretary Chris Philp, seized on the advice as further justification for the UK to consider withdrawing from the ECHR. Mr. Philp asserted, “If the ECHR stops us from setting our own visa rules, from deporting foreign criminals or from putting Britain’s interests first, then we should leave the ECHR.” He also urged the government to "urgently reinstate the Conservative plan to further increase the family visa salary threshold to £38,700."
However, groups like Reunite Families, which campaigns on behalf of those affected by immigration rules, argue strongly against any minimum income requirement. Caroline Coombs, co-founder of the campaign, emphasized the "horrendous impact on children," stating, "Our research shows how this policy has caused untold damages to those whose only ‘fault’ has been to fall in love with someone born abroad, and more particularly the horrendous impact on the children who are the biggest victims of these rules.”
The Home Office confirmed it is "considering its findings and will respond in due course," adding that the government has "already committed to legislate to clarify the application of Article 8 of the ECHR for applicants, case workers and and the courts." For now, the fate of thousands of families, particularly within the UK's diverse South Asian communities, hangs in the balance, hoping that human rights considerations will prevail over the drive for lower migration numbers.
