Showing posts with label minimum income rule for foreign spouse. Show all posts
Showing posts with label minimum income rule for foreign spouse. Show all posts

Friday, March 03, 2017

Uber loses High Court case to block English language tests for migrant drivers

Uber has been defeated in the High Court in a legal bid to prevent their drivers being required to take an English language test in order to work in London.


Driverless cars are already here

The multi-billion dollar tech giant, which does not own any taxis despite controlling millions of journeys, took its case to court after Transport for London (TfL) said that drivers should have to sit a test in order to demonstrate their ability to communicate in English.

Uber’s lawyers argued that the TFL standard of reading and writing required by the test was excessive claiming it was "unfair and disproportionate" and will appeal against the court's decision.

Rejecting Uber's claim, Judge John Mitting said:

"TfL are entitled to require private hire drivers to demonstrate English language compliance".
However, Tom de la Mare QC, for Uber and the drivers, told the judge that the language requirement would result in 70,000 applicants, including mini cab drivers, failing to obtain a licence over three years.

He added that the proposals would have a disproportionate impact on drivers from countries where English was not generally spoken and give rise to "indirect discrimination on grounds of race and nationality".

TfL maintain that the requirements were vital to ensure passenger safety and to raise standards.

Mayor of London, Sadiq Khan, defended Tfl:


"Drivers being able to speak English and understand information from passengers and licensing requirements is a vital part of ensuring passengers get the high standard of service they need and deserve”.

Drivers should be more concerned about Uber's bigger plans to eventually dispense with the need for drivers altogether. The company is already tested self-driving cars with Volvo driverless cars on in a Pittsburgh based trial.


Wednesday, February 22, 2017

Minimum £18,600 income for foreign spouses lawful "in principle", Supreme Court rules

The Supreme Court has ruled that controversial minimum income rules for non-EEA spouses set by the Home Office, which campaigners say have split thousands of families apart preventing British citizens bringing their foreign spouse to the UK, are lawful "in principle".

Children's welfare, Judges said, must be protected in immigration decisions. In their judgement, the Judges conceded that the UK government's rules had the "legitimate" aim of ensuring "that the couple do not have recourse to benefits and have sufficient resources to play a full part in British life".

However, tossing a legal ‘spanner in the works’, they added the rules fail because they do not treat "the best interests of children as a primary consideration".



Prime Minister Mrs Theresa May

Since 2012, when Theresa May was Home Secretary, British citizens have been required to earn over £18,600 ($23,140) before a husband or wife from outside the European Economic Area (EEA) could be allowed to settle in the UK.

Seven Judges sitting at the highest court in the land rejected an appeal by families who argued that the rules breached their human right to a family life, stating that the minimum income requirement was "acceptable in principle". But said that the rules failed to take "proper account" of the duty to safeguard and promote the welfare of children when making decisions which affect them.

Judges want an amendment to the law, introduced to prevent foreign souses becoming dependent on taxpayer benefits, allowing alternative sources of funding, other than a salary or benefits, to be considered in a claim.

The minimum income rises to £22,400 ($27,870) where couples have a child who does not have British citizenship - and then by an additional £2,400 ($2,986) for each subsequent child.

Previously, applicants had to demonstrate to the Home Office that the incoming partner would not be a drain on public resources and that the couple or family could adequately support themselves.

The Immigration Rule on income, as well as English tests, has proved controversial throwing up many anomalies, such as a British citizen who marries a non-EEA person while working abroad for a period of time who then cannot take their spouse back to the UK because their work contract has ended and they have no job in Britain, let alone six month pay slips.

The threshold does not apply to spouses from within the EEA and some British citizens have taken advantage of earlier judgements, such as Surinder Singh to bring in souses via the EEA without the need to show the minimum income.

The UK is an attractive place to work, start a business or buy property – no restrictions on foreign buyers - a vibrant mortgage market with record low interest rates.

Learn how you can get involved in the buy-to-let boom with this free CD training programme: