Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has plans to lower the minimum income requirement for disabled people applying for a spousal visa.
The minimum income requirement must be met by all those who are subject to it. However, we recognise that some sponsors will have a reduced earning capacity as a result of disability or caring for someone with a disability. Therefore, an applicant whose sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance will be exempt from meeting the minimum income requirement. In such cases the sponsor is required to demonstrate adequate maintenance. In exceptional circumstances, where a refusal leads to a breach of Article 8 of the European Convention on Human Rights other sources of income can be taken into account in order to meet the minimum income requirement.
The Supreme Court has upheld the lawfulness of the minimum income requirement for spouse visas, which prevents burdens on the taxpayer and promotes integration. The Supreme Court agreed that it strikes a fair balance between the interests of those wishing to sponsor a spouse to settle in the UK and of the community in general.