Making immigration work for Britain This speech was delivered by Immigration Minister Damian Green at the Policy Exchange on Thursday 2 February. This version is checked against delivery. Here is the conclusion of his speech:- Here is the text of the full speech
Make no mistake, this speech is not just about migrants comming here to work. Damian Green makes plenty of references to settlement visa also. His complete speech is well worth a read. I still cannot see how this government can bring about all the changes it would like to without falling foul of the appeals Judges. But take note that all appeals now are subject to a cost. Interesting times ahead methinks.
I'm slightly confused by all this. My wife is here on a ILR and should be taking the living in the UK test soon (hopefully) with the purpose of going for naturalisation. These proposals shouldn't affect her should they as she is already here?
This reminds me of my younger years...... http://pages.rediff.com/james-schwarzenbach/1546520#!info Damien Green doesn't seem old enough to remember......
Nothing for you or your wife to be confused about or even think about. Your wife has ILR and is therefore free from all immigration restrictions or controls. Did your wife already pass Life in UK for her ILR?
Ah good to know. The missus came to the Uk in 2004 on a spouse visa and then 3 years later we got it changed to a ILR, back then there was no test. I was very worried actually beause I had very little paperwork supporting the fact she had been living with etc, but I cobbled together what I had and wrote a letter explaining the lack of bills and bank statements and we got the visa through in a matter of weeks. All back in the good ol labour days when they didn't care who they gave the visas to!!! I've been on at her for years to do this test and go for naturalisation so we can get her on a UK passport, mainly so we could go traveling without the need of visas etc. She wouldn't listen and now its turning into a big rush!!
The major issue with the latest thing is all down to money. Well income actually. For those who will be considering sponsoring their Fiance(e) or Spouse the govt is very seriously considering a major change in the required 'financial test'. Currently, it's only necessary for the sponsor to meet a level of disposable income equal to Income Support levels. The proposed new rules to be effected in April 2012 would require an income threshold to sponsor a spouse/partner to be set within a range of £18,600 to £25,700. Based on previous stats, at £18,600 45 per cent of applicants would not meet this level of income threshold, while 64 per cent would not be able to meet the proposed upper level of £25,700. Additionally, the probationary period between FLR and ILR is proposed to increase from the current 2 years to 5 years.
As I understand it the EEA directives are not part of UK Immigration, hence no change. There was some talk about how to limit returning UK citizens with new spouses. I think as things stand now if you (a UK citizen) went to say Spain or France and excercised treaty rights then had your non-EU spouse join you, it's quite easy to return to UK without all the usual barriers and hoops after 6 months. If that will change I have no idea. Doubt it, but..................
God, I'm just about ready to give up I'd rather find a way to make the other direction work, I earn a lot more than these limits but have other issues that are going to make this all a misery for us. I presume there will be a significant disposable income aspect to all this. Not even sure my current employment has a future of even three years at the moment
I may be wrong oss, but as I understand it there will be no 'financial test' on disposable income. That was always seen as far to open to abuse. Especially when many sponsors claimed to be living with parents with zero accommodation costs. If they are implemented there will be major barriers to a lot of people. So far it's not known how it will really work for all scenarios. Once a settlement visa is granted and a spouse is residing in UK it will be highly unlikely that financial tests will be used as a reason for refusal for FLR extensions. No ILR would be granted though if finances were considered insufficient, and that's when even more years could be added before being eligible for ILR. This is just a way to avoid 'recourse to public funds' Currently ILR eligibility is only time based (2years) plus it's very rare indeed to have the ILR refused on the basis of financials reasons. There needs to be other reasons.
Having read Damian Green's speech I am somewhat less worried that there will be any substantial change to the income requirements of sponsors from April this year. The only imminent changes (April this year) appear to be for workers coming to the UK, and not family migrants. Yes, there has been a consultation by the Government with the Migration Advisory Committee (MAC) and the MAC has suggested a minimum sponsor income of £18,600 - £25,700. But these are merely suggestions by the MAC they are NOT the proposals from the current Government (yet) and there is no indication of when they may be implemented, even if the Government decided to implement them. I certainly have concerns that the Government will introduce income limits for sponsors in the future; I just don't think it will be this April. This is what Damian Green says about that consultation...
The dates of any changes that the government wishes to set for planned implementation is for them. I'm merely posted what is in the public domain as the current and latest information. In the original consultation document the Home Secretary the Rt Hon Theresa May MP stated:- "....In light of this consultation, we will bring forward proposals which will aim to strike a proper balance between the individual’s right to respect for family life and the broader public interest. We will then be looking to implement changes to the Immigration Rules in April 2012." (I am the one who highted the text.) Until anything different is published by the HO then anything else is just conjecture.
It is very worrying news Micawber, whether any changes are implemented in April or at a later date. I just hope I have time to bring my fiancée to the UK before any changes do happen. I realise, it could still create difficulty in my case as I am less than 5 years from retirement anyway and I don't think my fiancée would feel very secure having to constantly renew FLR.
while the euro route remains in place it may just require creative thinking we go (again) tomorrow to get the missus and nippas 5 year residence cards and as i understand it that gives automatic entry to he uk without any support documentation if anyone here needs help i know the system here backwards now