Immigration | 07 August 2017
A new statement of changes to the UK Immigration Rules was presented to Parliament on 20 July 2017, to implement changes to the family Rules under Appendix FM following the Supreme Court judgment in MM (Lebanon) & ors v the Secretary for the Home Department . In particular, the statement of changes inserts new general provisions for meeting the Minimum Income Requirement (MIR) for these applications. MM (Lebanon) & ors challenged the compatibility of the requirement with the rights protected by the European Convention on Human Rights (ECHR), specifically Articles 8 (Private & Family Life), 12 (To Marry and Found a Family) and 14 (Prohibition of Discrimination). The case also contended that the Rules failed to incorporate the Secretary of State’s duty to have regard to the need to safeguard and promote the welfare of children when making decisions that affect them (s55 of the Borders, Citizenship and Immigration Act (BCIA) 2009).