The news came this week of the engagement of Prince Harry to Meghan Markle and plans for a Royal wedding next year. It was welcome news and myself and the rest of the country are so happy for them. Finally the prince has found love and will be settling down.
However, under UK immigration rules, Meghan Markle will be subject to residency laws which will see the couple meet stringent requirements after their wedding if they plan to live together permanently in the UK.
For mere mortals who live far away from the pomp and pageantry of British royalty, to bring over your non-European spouse into the UK, you would need to first prove to the Home Office that you can support your spouse without recourse to public funds. This means meeting an income threshold of £18,600 ($25,000) annual earnings to obtain a spouse visa for Meghan. This income threshold is based only on the income of the UK sponsor, in this case Prince Harry’s.
“The non-UK partner cannot count their income towards the threshold if they are working abroad, because of the concern that they may stop working after they come to the UK” – The Migration Observatory, The University of Oxford
According to the Migration Observatory, 40% of UK workers did not earn above £18,600 a year in 2015. We all know Harry left the army in 2015 and had not earned taxable income since then, rather he has been doing a lot of charity work and royal duty, from important conservation work to supporting mental health charities. He could however meet this requirement through the Duchy of Cornwall, the Royal estate which would provide Harry with unearned income. If Harry was an ordinary citizen, unearned income would not qualify for the Home office income requirements.
This process is made even more complicated if the couple already have children (not the case in Harry and Meghan’s situation). If the couple already have children, the annual income threshold of £18,600 ($25,000) required jumps by £3,800 ($5,100) for the first child and £2,400 ($3,200) for additional children after the first child.
Many people across the UK are being prevented from bringing their non-EU spouse (and children) into the UK by this regulation. Many families have been split apart because they cannot prove clearly to the Home Office how they meet this requirement. According to the Migration Observatory, an Home Office impact assessment in 2012 estimated that between 13,600 – 17,800 fewer people would be prevented from coming to the UK per year as a result of the income threshold. The actual figure would be much higher.
After this income hurdle, then comes the ‘financial cost’ and ‘time’ hurdles. It will be five years after Harry and Meghan get married before she can apply for permanent residency in the UK. She will initially get 2.5 years after the application for residency after their wedding next year, then she will have to renew this after this time for another 2.5 years (a total of 5 years). After 5 years she can then apply for permanent UK residency. Shortly after this she can apply for British citizenship. For ordinary citizens, this is a very costly process. In all you are looking at around £7,000 ($9,400) from getting married to becoming a permanent UK resident.
These requirements will likely will not apply to Prince Harry because he is Prince Harry, but many ordinary lives are affected by this on a day to day basis. People who love each other are penalised heavily because one of them comes from a non-European country. If they were from a European country like France, Netherlands or Poland, it is absolutely fine, you could live together in the UK immediately (this may change after Brexit though, who knows).