The families of UK citizens denied the right to live in Britain because of the minimum income visa requirement for non-EU partners are to challenge the rules in the supreme court on Monday.
They argue that they have been denied the right to a family life by the rules condemned by migrant rights groups and family campaigners, including the children’s commissioner, Anne Longfield, who has said rules are creating “Skype families”.
British citizens must earn more than £18,600 to bring over a non-EU spouse, rising to £22,400 if they have a child who does not have British citizenship, and an additional £2,400 for each subsequent child.
Critics argue that the law, introduced in July 2012, penalises 43% of the UK population and means British citizens in full-time employment on the minimum wage cannot enjoy the right to live with their families in the UK.
The supreme court challenge, brought after the case was dismissed by the court of appeal last year, has three appellants: two of them, Abdul Majid and Shabana Javed, are British and both married to Pakistani nationals; and the third is known as MM, a Lebanese refugee.