British Prime Minister Rishi Sunak’s policy to increase the minimum income requirement (MIR) for family visas is being challenged in the High Court. According to The Guardian, the policy now requires applicants to earn £29,000 a year to bring a loved one to the UK. The policy is being argued to separate children from their parents and discriminate against women and minorities.

The Rishi Sunak administration announced the increase last year as part of a phased plan to bring the family visa salary threshold in line with the skilled worker visa. The change took effect on April 11.

As per the salary cap announced by the UK Government, applicants must have a minimum annual salary of £29,000 (approximately Rs. 30,95,590 as per current exchange rate) to be eligible. This represents a significant increase of 55 per cent from the previous limit of £18,600 (approximately Rs 19,85,601).

According to the Home Office, the measure is the final step in Prime Minister Sunak’s plan to reduce legal migration and “ensure that those who come here do not become a burden on the taxpayer”.

Home Secretary James Cleverly said: “We have reached a critical point in terms of mass migration. There is no simple solution or easy decision that will reduce the numbers to a level acceptable to the British people.”

Reunite Families UK (RFUK), a non-profit organisation that helps families with UK spouse visas and raises awareness of the implications of immigration rules, has filed an application for judicial review, claiming the measure violates the UN Convention on the Rights of the Child, The Guardian reports.

The group has also questioned whether the decision was taken in accordance with official Whitehall advice.

Criticism and debate on UK immigration plan

The new minimum income requirement threshold introduced by Home Secretary James Cleverly has been criticised for its disproportionate effects on women, ethnic minorities and young people, which RFUK says is in breach of the Equality Act.

The Equality Act 2010 legally protects people from workplace and wider societal discrimination.

The change follows a debate between Sunak and Keir Starmer over immigration levels, in which both parties promised tough measures.

The increase in the minimum income requirement, introduced in April, is tearing families apart, as many British residents are unable to meet the new income threshold to sponsor foreign spouses.

Increases are planned in the future, with the minimum income requirement (MIR) set to rise to £38,700 (approx Rs 41,31,486) next year.

Court documents will argue that the policy breaches the Home Secretary’s obligations under Article 3 of the UN Convention on the Rights of the Child, which leads to the separation of children from their parents abroad.

RFUK’s Caroline Coombs expressed the community’s surprise at the sudden changes, particularly during a time of rising costs of living.

“This increase is a complete surprise for our community – and comes at a time when people across the UK are struggling with the cost of living crisis,” Coombs was quoted as saying by The Guardian.

“While they have been working hard to earn and save enough money to sponsor their partner, the government has once again penalised them and, for many, the dream of building a family life together here has been shattered,” Coombs said.

Tessa Gregory, partner at Leigh Day, representing RFUK, criticised the Government’s decision-making process.

“Our clients are shocked that the home secretary has made such an important decision so recklessly: without proper analysis, and in breach of important public law duties such as assessing the impact of the decision on protected groups,” Day was quoted as saying by The Guardian.

Despite low immigration, Sunak increased the MIR

Sunak announced an increase in the minimum income requirement (MIR) in December, in response to pressure from the right wing of the Conservative Party over rising net migration.

Recent data from the Office for National Statistics (ONS) suggests net migration to the UK will fall by 10% in 2023. will decline from a peak of 764,000 to 685,000 in 2022,

The Home Office declined to comment, citing purdah (pre-election period) rules ahead of the general election, while the Conservative Party defended the policy, saying it ensures sponsors can support their families financially.

The Labor Party has indicated widespread support for these changes.

A family visa allows a British citizen or permanent resident to bring a foreign partner or spouse, and possibly children, to live in the UK.

The MIR was previously £18,600, but it was increased to £29,000 in April, and there are plans to increase it further to £38,700.