Indian spouses hit as SC upholds rules

LONDON:Britain’s Supreme Court on Wednesday upheld immigration rules that restrict citizens from bringing Indian and other non-EU spouses to the country unless they have a minimum annual salary of £18,600, disappointing thousands of Indians and others.

Nearly 15,000 children are said to be growing up in “Skype families”, in which one non-EU parent sees and interacts with children only on the internet since they cannot join their families due to rules introduced in 2012, when Prime Minister Theresa May was the home secretary.

The court ruling disappointed campaigners, but left open a window by stating that children had been adversely affected, which could lead to changes. The court admitted the income threshold was “particularly harsh”, but not incompatible with human rights law.

The judges held that the “minimum income threshold is accepted in principle”, but added the Home Office’s rules and instructions failed to take full account of their legal duties in respect to the children involved or to allow alternative sources of funding to be considered.

The justices ruled that current Home Office guidance is defective and unlawful until it is amended to give more weight to the interests of the children. This could give limited hope to some separated families with children.

The court said the threshold was “defective” and a cause of “hardship” even as it rejected an appeal by families who contended the 2012 rules breached their right to family life. The rules exclude earnings of the non-EU spouse.