About those proposed new rules on immigration

I hope you're right.
There have been a number of speeches made by both Green and May wher they made specific mention of the new family migration changes to come into force in June.
There are a lot of folk who would struggle with an income threshhold.
Making the ILR route much longer than the current 2 years on FLR would be a much easier change.

Having said all that though Kuya, there's been a rather large batch of 'surveys' made public where over 80% of respondents have agree with a big tightening up on family migration. I get a feeling that the general public would not have any issues with any of the changes.

As you say, we just have to wait and see.

the right to family life is a central plank of the European Community at the moment it seems that it is the counterbalance to racist/zenaphobe saber rattling long may it be so.

I personaly think the 5 year rule (for permanent residece)is a positive step along with residency being conditional on the continuation of the marriage and makes it more dificult for scammers its also Canadas system where the sponser is responcible untill the sponcee gains naturalisation

It's true that 'right to a family life' is key in EU human rights.
But the establishment of a family life within EU is the key. That why plenty of people suddenly develop (create) close links of EU family life.

I don't believe that rights to family life are applicable when there is no EU based family.

Then again we'd have to wait and see what loopholes these weasel lawyers come up with. Rest assured if they did find any, they would follow the money and legal aid for most undesireables seems to be a pot of gold.

Whoops! nearly fell into rant mode then.

Sorry Kuya, I did not say that non-EU family members were excluded from the "right to a family life" at all. Please read my post again.
I suggested that the family life that is protected under EU law must already exist within the EU zone. Means that it may only include a family already together and living within the EU.

I am not a lawyer and was only trying to forward the debate to establish some clarity between us all.
I also am keen to learn more.

I haven't researched previous court cases, but the ones that have hit the media have all involved families who are already living in EU.

Just hope for all of you folk who hope to bring your wives over here that they lower the high yearly salary minimum.

I totally agree.
I know that the £26k is supposed to be about average, but it also means that around half the fulltime working population earns below that.

Not so many in the public sector can reach that.

This gov't has voiced it's desire to introduce regional salaries for the public sector based on regional cost of living etc.
We all know about London weighting incomes and housing costs in London, but now there is talk of have special london benefits.

Yet, the proposed income threshold is across the board.

I only hope there will be some workarounds based on actual affordability and not just gross income.

It's a very very unfair proposal. IMO

Hi they do not come into force at the beggining of june

I know it is still 16 days away, but i still need to get my CNI which takes 22 days apparently.. so i wouldnt be able to lodge an application before the end of the month. was hoping to get the application in before the new rules came into effect.

has anybody heard anything new? since june is now fast approaching.

Hi,

So we arent likely to see changes in June?

I know this government has targets to meet, but surely these restrictions are getting too much now and bordering breach of human rights.. argueably they are already!

I can kind of understand why they want to impose these income restrictions.. as its an easy way to dramatically cut the amount of successfull visa applications, and their excuse, to stop people coming here and claiming benefit money from the government.

but realistically its nothing more than a "cheat" or a "quick fix" as income should not have any bearing on it really.. if you was to marry an english woman, there would not be income based restrictions preventing you from doing so and living together as a couple.. if you cannot afford to support her and your family then its "your problem" but because as british citizens we fall in love with a foreign national, the government says that because we arent earning enough money in some cases that we arent entitled to a happy family life which is nothing short of discrimination.

Thing is, if they fixed these immigration loopholes in other areas, they wouldnt need to be penalising born nationals.

Ive been really worrying about these changes, as Im worried like other people if the application is not in and changes are imposed we will essentially be locked out... so ive been trying to rush and get the application submitted before the end of the month.

Ive been looking through the UK border agency and somethings seem to have changed

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/#

"Can British citizens' family members enter and reside in the UK under European law? Close

If you are a British citizen, you cannot ordinarily rely on the provisions of European law to bring your non-European family members to the UK. Instead, you should seek permission under the British Immigration Rules for those family members to enter and remain in the UK. See the Partners and families section for more information

However, the European Court of Justice held in Case C-370/90 that British citizens can rely on European law in circumstances where they are returning to the UK in order to work or settle here in a self-sufficient capacity after working in another European Union state. In these circumstances, the returning British citizen has the right to be accompanied by his or her husband, wife or civil partner, if they have previously been living together in the other European Union state."

notice the condition of working so this means that although the missus and nippa have 5 year residence cards the right to freedom of movement has been given a condition any research comments welcome

just depends what they accept as self employed i guess the other question though is the right of free movement to work as I could employ the missus this year