PLANS to cut migration risk being sabotaged by the European Convention on Human Rights, a review warns.
Raising the salary threshold for British citizens and settled migrants wanting to bring in a spouse on a family visa could breach international law, it says.
The Migration Advisory Committee said lifting the bar to £38,700 — the current threshold for skilled worker visas — was unrelated to family migration.
It was likely to break protections under Article 8 of the ECHR, which could trigger UK court challenges.
But it is understood Home Secretary Yvette Cooper will reject the advice and press ahead with tougher rules.
The previous Tory government came up with the planned rise to help cut net migration by 300,000.
After taking office, Ms Cooper ordered a review of the plan, saying the system must be “fair and coherent”.
The MAC has now recommended a lower threshold of £23,000 to £25,000.
It warned the £38,700 figure was copied from a different visa route, the skilled worker system, which has “a completely different objective and purpose”.
Sticking to that figure, the review says, may spark challenges on Article 8, which guarantees family life rights and is used to overturn immigration decisions.
A Home Office source insisted: “The MAC offered advice but it’s a decision for the Home Secretary.”
Shadow Home Secretary Chris Philp said: “If the ECHR stops us from setting our own visa rules, we should leave the ECHR.”
A Home Office spokesman said: “We are considering the findings and will respond in due course.”
GettyThe previous Tory government came up with the planned rise to help cut net migration by 300,000[/caption] Published: [#item_custom_pubDate]
