The Supreme Court has held that changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route – which were supposed to come into force on 9 July – are unlawful, as were all the rule changes made since 2008. The Home office was forced to take emergency action to present its rules on the so-called 'points-based system' – applied since 2008 – to the House of Lords, as the Commons was already in recess.
The proposed changes included introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored of £22,400 for one child and an additional £2,400 for each further child. They would also have abolished immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least four years, and requiring them to complete a five year probationary period.