Reunite Families UK wins legal costs in case against government

If you want to live in the UK with your non-Brit partner the British/settled resident must earn a Minimum Income Requirement (MIR) of £29,000. 50% of the UK workforce don’t earn that amount - not even some of the Home Office’s own staff.

In December 2023, the previous government suddenly announced an increase in the MIR from £18,600 to £38,700. Around 70% of the workforce do not earn that. After a huge backlash, they reduced it to £29,000 with the intention of increasing it in stages back up to £38,700.

In 2024, Reunite Families UK (RFUK) brought a court case (with our support) challenging the UK Government’s decision to raise the Minimum Income Requirement (MIR) which was set to increase in three stages:

From £18,600 to £29,000 (implemented in April 2024)
To £34,000 in January 2025
To £38,700 in April 2025

RFUK challenged the government in court arguing that they acted unlawfully in three ways. They failed:

• To conduct proper research before making the decision.
• Consider the impact on protected groups.
• Consider the best interests of children.

The Labour Government initially defended its decision but later asked the Migration Advisory Committee (MAC) to review the MIR. It agreed to reconsider the increases and make a new decision based on the MAC's findings - those findings are awaited.

RFUK had therefore been successful in the litigation and so agreed to withdraw, as the Government had agreed to make a fresh decision

As the ‘winning party’ RFUK asked the Government to pay their legal costs but the Government refused, leading to the court having to decide whether RFUK should get their costs.

The court has now ordered the Government to pay RFUK’s legal costs.

Dame Justice Lang DBE ruled in favour of RFUK, stating:

• RFUK achieved its goal of having the decision reconsidered.
• The Government implicitly acknowledged material flaws in the original decision to increase the MIR.
• RFUK was the successful party and deserved to have their legal costs covered.

This is a big win for RFUK, couples and families who want to live together in the UK.

This case also demonstrates RFUK’s effectiveness in strategic litigation to influence policy and CSJ is proud to have supported this case.

Ultimately Families Belong Together and we must continue fight for that right.

It also highlights the importance of continued support for legal advocacy and community-led campaigns that hold the Government accountable.