11 June 2012 Today (11 June 2012) the Government has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life. Most of these changes will apply to new applicants from 9 July 2012. The changes are part of the Government's programme of reform of the immigration routes and follow wide consultation and expert advice from the Migration Advisory Committee. The changes include: introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues; extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship; abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years; from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa. For more information about the changes that are being introduced and details of transitional arrangements, please see the full Statement of Intent in the See also section on the right side of this page. Source:- http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration Here is the full Statement of Intent
I just spotted this on the UKBA website. Been expecting it anytime but so far I haven't had any chance to read it.
That threshold may still be an impossible barrier for a lot of people. Alan may be interested in a bit of this...
Here's a "quick and dirty" summary of the "Before" and "After" July 9th changes and how it impacts those already on the immigration pathway. APPENDIX A: SUMMARY OF KEY CHANGES FOR PARTNERS Current 2 year route Visa and Leave to Remain Requirements - Minimum age of 18 - Basic English (A1 of CEFR) - Test of relationship - subsisting requirement - Adequate maintenance (Income Support level for a family of that size) and accommodation 2 year probationary period (FLR) Settlement requirements ILR - Integration requirement (B1 level, Life in UK Test. (or below B1 level ESOL course) - Test of relationship - subsisting requirement - Good character, no unspent convictions - Adequate maintenance (Income Support level for a family of that size) and accommodation So really no changes apart from the addition of B1 level for English ========================================================= New 5 year route Effective 9th July Visa and Leave to Remain Requirements - Minimum age of 18 - Basic English (A1 of CEFR) - Test of relationship - genuine and subsisting requirement. (clear and objective factors for decision-making.) - New minimum income threshold of £18600 for sponsors, with higher thresholds for children - Adequate accommodation - not overcrowding - New criminality threshold 5 year probationary period for ALL After initial 30 months (2.5 years) living in UK - Renew Leave to Remain in-country after 2.5 years - Meet the minimum income threshold - Genuine relationship After second period of 30 months (2.5 years) - Settlement requirements (ILR) - Life in the UK Test - B1 level of English - Test of relationship - genuine and subsisting requirement (clear and objective factors for decision-making.) - Meet the minimum income threshold - Adequate accommodation - not overcrowding - Good character, no unspent convictions Sourced from Appendix A of the UKBA Statement of Intent
I am rather thick this time of the morning when bureocracy is concerned..... But If I read between the lines, an extra set of fees may be required.... Or am I wrong in assuming that....??? Normally they don't move the goalposts without placing a financial incentive for themselves along the way... And nobody has been mentioning anything.... Philantropists, they certainly ain't..............
I would guess that there will be additional charges, one thing Governments love to do is get a few stealth taxes through the back door..
The document is exactly what it "says on the tin", a statement of intent. Whereas, a great deal of information can be gleaned from the document, most of the key issues will require an in depth understanding of the actual policies and associated immigration rules. The implementation dates and transitional periods are worth reviewing. Anyone in a position to submit an application before the July 9th breakpoint would be well advised to go ahead asap imo. There's going to be a lot of twists and turns ahead with these new requirements that will continue to be a burden for 5 years at least. The EEA route is looking like a very attractive option now for many, despite the upheavals.
This bit is bonkers. You can well imagine the situations that might crop up with this! A couple married with children either losing their jobs or not earning what they once were will find themselves in danger of being broken up! You can see it now: "Sorry children, daddy/mummy was deported by the government because I don't earn enough money to support you!" They'll be rolling in the aisles when that one gets to court! No chance of it sticking, surely?
Not a chance of that happening.. When Joy comes to the UK (and she will come here) if we have Children next year then suddenly She becomes to parent to a British citizen who is correctly and legally in the country on a valid visa. Having a dependant who is British (and not the other way around) the rules of the game change. But by then, I think this will have had its day in court and we will be back to something more in line with Europe.
There's a small "escape" clause that states:- there's also this one:- My suggestion is this, whether we are affected or not if we do not agree with the changes to family migration we should say so. We must each write to our MP lodging our complaint and requesting him not to support any votes in favour and furthermore to oppose them. We must also highlight (imo) that an immigrant from France or from any EU country can come to UK excerise treaty rights and have his family members join him in UK completely free of any charges/fees and furthermore have access to public funds. Grossly unfair on UK citizens. I don't believe many people are aware of that. Lets not forget a huge part of immigration is from EU sorry folks nearly went into one of my rants. No offence intended just my opinion
