MM Case Judgement – Appendix FM Partner Financial Requirement

The long awaited case regarding the financial requirement for partner’s under Appendix FM of the Immigration Rules judgement was finally given today. The three judges ruled that ‘all immigration law is inherently discriminatory’, but in this case they found the financial requirements to be justified.

This means that the financial requirements contained in Appendix FM still remain. To summarise if there are no dependent children the requirements are as follows:

Salary: at least £18,600 for six months

Savings: at least £62,500 held for six months

Or a combination of the above, calculated at (x minus 16,000)/2.5 = y

It is not yet known whether the judgement will be appealed against further in the Supreme Court. However, it is likely that on the basis of this decision the Home Office will begin to issue refusal letters for all applications that are on hold with the Embassies/Home Office for not meeting the financial requirements.

If this is applicable to you then it is important to have evidence ready of how you now meet the financial requirement, for instance if you have now been earning at least £18,600 for a six month period or if you have held the relevant savings for the specified period of time.

We will update you once further information is released about the decision being appealed further. In the meantime should you wish to discuss your case or the above then please do not hesitate to contact us.