
Well, here we go again.
The government's latest attempt to actually control who gets into Britain is about to get kneecapped by European human rights judges. Shocking, I know. The Migration Advisory Committee just dropped a report warning that plans to raise salary thresholds for family visas could get torn apart by the European Convention on Human Rights faster than you can say "judicial interference."
The £38,700 Problem That Nobody Saw Coming (Except Everyone Did)
Here's where it gets messy. The Tories wanted to bump up the salary requirement for Brits bringing over their spouses to £38,700 — matching what skilled workers need. Sounds reasonable, right? Wrong, apparently.
The MAC basically said this was like using a hammer when you need a screwdriver. They're calling it "unrelated to family migration" and warning it'll trigger Article 8 challenges left and right. Article 8 is that lovely bit of European law that guarantees family life rights and gets weaponized in immigration courts about twice a week.
My mate who works in immigration law texted me yesterday: "Already updating my resume for the influx of Article 8 cases." Poor guy.
Cooper's Dilemma
Home Secretary Yvette Cooper finds herself in a proper bind here. She ordered this review after taking office, promising the system would be "fair and coherent" — politician speak for "we're probably going to water this down." The MAC is now suggesting a much lower threshold of £23,000 to £25,000 instead.
But here's the thing — Cooper's reportedly going to ignore their advice and push ahead anyway. Bold move, considering the legal minefield she's walking into.
When Copy-Paste Governance Goes Wrong
The whole mess started because someone in government basically copy-pasted the skilled worker visa requirements onto family visas without thinking it through. The MAC pointed out these visa routes have "completely different objectives and purposes" — which feels like something that should've been obvious from day one, but apparently wasn't.
The previous Tory government thought this would cut net migration by 300,000. Ambitious target. Whether it'll survive first contact with European judges is another question entirely.
The Nuclear Option
Shadow Home Secretary Chris Philp isn't messing around. His solution? "If the ECHR stops us from setting our own visa rules, we should leave the ECHR."
Bit extreme, but you can see his point. It's hard to run an immigration system when foreign judges can overrule your decisions on a whim.
The Home Office is being predictably cagey, with a spokesman saying they're "considering the findings and will respond in due course." Translation: they're frantically trying to figure out how to make this work without getting sued into oblivion.
Meanwhile, passengers keep queuing up at UK border control, probably unaware that the rules governing their entry are being decided as much in Strasbourg as they are in Westminster. Fun times ahead.
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Did you miss our previous article...
https://hellofaread.com/politics/angela-rayner-just-handed-small-businesses-their-death-sentence