H.Court Find Min income Rules Disproportionate & Unjusti

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Re: any change to £18,600 income condition

Postby Casa » Thu Apr 03, 2014 8:21 am

Even if the Home Office lose following the recent High Court hearing they are likely to appeal again, taking it to the Supreme Court.
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Re: any change to £18,600 income condition

Postby Tier 4 » Thu Apr 03, 2014 12:52 pm

Regard this £ 18,600 income threshold; what if someone earns £ 11,000 / £ 12,000 per annum, how much saving he / she has to show to meet the threshold of £ 18,600?
And this saving lets say for instance £ 25,000 can be:
1. On spouse name (meaning the person applying on FLR (M))?
2. Into an out of UK / foreign account?
3. It’s ok if this saving is on spouse name and her brother name in joint account?
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Re: any change to £18,600 income condition

Postby MPH80 » Thu Apr 03, 2014 4:21 pm

If the person is only earning £12000, then the individual would need to show £32,500 (shortfall * 2.5 + 16000) in savings held over the last 6 months in an account in their name.

To answer your questions:
1) it can be in either the spouse or the sponsor's name
2) It can be in any location - providing it's in an approved financial institution abroad
3) AIUI - no - it must be in the spouse or the sponsor's name either joint between them or individual.
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Re: any change to £18,600 income condition

Postby Amber » Thu Apr 03, 2014 7:46 pm

To a technicality here, the appeal has been at the Court of Appeal rather than the High Court, and yes, may indeed be appealed again to the Supreme Court.
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Re: any change to £18,600 income condition

Postby Tier 4 » Fri Apr 04, 2014 11:15 pm

Amber_ wrote:To a technicality here, the appeal has been at the Court of Appeal rather than the High Court, and yes, may indeed be appealed again to the Supreme Court.

I don’t understand how UKBA realistically justify changes in rules of financial requirements at 13 March 2014 (applicable 6 April 2014) for pre 9 July 2012 PBS dependents; to produce 6 months financial evidence if they are applying in next 3 / 4 months.
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Re: any change to £18,600 income condition

Postby sancha » Sun Apr 06, 2014 12:11 am

Hi
Please can you help me in following questions as my earning is £16000 and have three dependents (2 kids and wife) here.
1) Can we both include our salary(me £16,000 and my wife £10,000) to make-up £18600?
2) How much funds I have to show ?
Thanks
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Re: any change to £18,600 income condition

Postby Amber » Sun Apr 06, 2014 7:37 am

Are the children settled or British?

I assume this is for SET(M)? You can include both salaries if the work is legal and you meet the requirements as per Annex FM.
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Re: any change to £18,600 income condition

Postby sancha » Sun Apr 06, 2014 2:23 pm

Thanks, Kids and wife are on dependant visa, How much saving we have to show?
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Re: any change to £18,600 income condition

Postby Amber » Sun Apr 06, 2014 3:22 pm

When was your spouse granted leave as a spouse?
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Re: any change to £18,600 income condition

Postby sancha » Sun Apr 06, 2014 10:53 pm

First time she has granted leave to entre in may 2006 then leave to remain as my dependant at the same time as my visa extended. Current one was granted in Jan 14 and valid until 2018 as tier4 dependant. In summary kids and wife is on dependant visa since 2006 and our current visa was granted in Jan 2014 valid until 2018.we all living together in uk continuously since 2006.
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Re: any change to £18,600 income condition

Postby Amber » Sun Apr 06, 2014 11:49 pm

Are you now settled?
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Re: any change to £18,600 income condition

Postby sancha » Tue Apr 08, 2014 9:43 pm

No, 10 yrs will be completed next year
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Re: any change to £18,600 income condition

Postby Amber » Tue Apr 08, 2014 10:52 pm

As you're applying for SET(LR) your spouse will be subject to the Financial requirement when switching to FLR(M) and will be on a new 5 year route to settlement or when 10 continuous valid years are complete.

2 children in addition to the partner – £24,800 requirement.
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Re: any change to £18,600 income condition

Postby sancha » Sat Apr 12, 2014 1:06 pm

Thanks Amber
1) we both (me + my wife) can include our salary (off course legal) to reach £18,600 for FLR(M) - true?
2) After my ILR in 2015, Can my wife and kids continue on their current dependant visa which was granted on the basis of my tier-4 visa (valid until 2018) OR They must need to change their visa after my ILR.
I am thinking, if they can continue with their current dependant visa (valid until 2018), they can apply ILR in 2016 when they completing 10 years and this will avoid the route of FLR(M). I am a bit worried about the validity of their current dependant visa after my ILR.
Regards
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Re: any change to £18,600 income condition

Postby Casa » Sat Apr 12, 2014 1:14 pm

Note that Amber has advised that with 2 children, your joint earnings must be at least £24,800 per year.
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Re: any change to £18,600 income condition

Postby sancha » Sat Apr 12, 2014 1:42 pm

Sorry, I thought £24,800 is maintenance in addition to salary £18,600. Thanks for correcting me. Do we need to show any maintenance fund as well in addition to salary £24,800?
Can they remain on current dependant visa after my ILR (question 2 in my post please) or their visa will become invalid when me granted ILR?
Regards
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Re: any change to £18,600 income condition

Postby CR001 » Sat Apr 12, 2014 2:00 pm

Char
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Re: any change to £18,600 income condition

Postby ukthesis » Sun Apr 13, 2014 1:35 pm

As I understand the financial requirement, if the sponsor (usually the guy living in the UK) has £62,500 or over in savings, he does not need to show anything more to satisfy the requirement. His income does not need to be taken into account.

In the case where, however, his income from pension source(s) comes to £10,000 a year, this can be taken into account in meeting the requirement. Reading the December 2013 Immigration Directorate Instructions, it says that income from pensions are classed as meeting this requirement (p. 14). In the case of someone getting a pension income of let's say £10,000 per annum, then, how much does he have to also show in SAVINGS to qualify as meeting the requirement?

In addition, these Instructions are a bit confusing. According to page 14, "State (UK or foreign) or private pension" can be taken into account to meet the requirement. I will shortly receive a state pension AND I already receive a private pension.

Looking at the wording on page 14, however, I cannot add both pensions together for this purpose (ie "State (UK or foreign) OR private person"). So I can't total them up? I can only list the state or the private pension? Is this the case? Or is it just loose wording and they really mean that I can add them together as qualifying income?
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby maniani » Sun Apr 27, 2014 9:39 am

Any update or not???????
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Re: H.Court Find Min income Rules Disproportionate & Unjusti

Postby Casa » Sun Apr 27, 2014 10:30 am

The judge hasn't given his decision. Even if the Home Office lose this appeal, they will almost certainly take it to the Supreme Court, so any changes (if any) are a considerable way off.
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