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The Supreme Court has upheld the lawfulness of the minimum income requirement for spouse visas, which prevents burdens on the taxpayer and promotes integration. The Supreme Court agreed that it strikes a fair balance between the interests of those wishing to sponsor a spouse to settle in the UK and of the community in general.
The earning potential of the non-EEA national partner is no guarantee that they will find work in the UK. Those with an appropriate job offer here can apply under Tier 2 of the Points Based System. However, in cases in which there are exceptional circumstances which could require entry to the UK to be granted, the applicant and their partner may be permitted to rely on other sources of income, which can include the potential income of the spouse or partner.