Independent Immigration Appeals Authority
The question
To ask the Secretary of State for the Home Department, with reference to clause 19 of the Immigration and Asylum Bill, whether a person will be required to demonstrate likely financial independence throughout the entire duration of any leave granted.
Answered by Alex Norris
Clause 19 strengthens the existing financial independence considerations that form part of the public interest test in Article 8 cases.
The provision will require decision makers to assess more rigorously an individual's ability to support and accommodate themselves and any dependants without reliance on State support. This includes consideration of whether that financial independence is sustainable in the foreseeable future.
The Bill sets the overall policy intent for the domestic application of Article 8. The finer details of the implementation of these provisions will be set out in the Immigration Rules and policy guidance.
The assessment of financial independence will continue to be considered alongside all other relevant factors as part of a balanced assessment on the individual facts of each case, and guidance will ensure appropriate consideration is given to circumstances where temporary reliance on support is unavoidable, such as periods of parental leave for example.
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