Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.
But children’s welfare must be promoted in immigration decisions, judges said.
As of 2012, Britons must earn more than £18,600 ($23,140) before a husband or wife from outside the European Economic Area (EEA) can settle in the UK.
Judges rejected an appeal by families who argued that the rules breached their human right to a family life.
Seven Supreme Court justices hearing the case said the minimum income requirement was “acceptable in principle”.
But they criticised the rules around it, saying they failed to take “proper account” of the duty to safeguard and promote the welfare of children when making decisions which affect them.
And they ruled there should be an amendment to allow alternative sources of funding, other than a salary or benefits, to be considered in a claim.
The rules were introduced by the former coalition government to stop foreign spouses becoming reliant on taxpayers.
The minimum income threshold, which also affects people settled in the UK as refugees, rises to £22,400 ($27,870) if the couple have a child who does not have British citizenship – and then by an additional £2,400 ($2,986) for each subsequent child.
The markers replaced a previous, more general, requirement to show 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.
They do not take into account the earnings of the overseas partner – even if they have higher qualifications, or are likely to be employed in higher-paid work than their British spouse.
And the threshold does not apply to spouses from within the EEA.
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