Government launches consultation on family route

[krs133]

A new story from the Telegraph:

http://www.telegraph.co.uk/news/uknews/ ... kdown.html

Key points

- The Conservatives want an income threshold of £25,700 (or higher if children are involved);

- They want the new rules to be introduced in June;

- It is suggested the Lib Dems are opposed to this, although there is nothing directly sourced which confirms it.

(I don't advise reading the comments.)

[vinny]

£25,700 Maintenance Requirement from June 2012 according to Leaked Cabinet Letter[/size]

Sunday Telegraph reports that a leaked letter from Home Secretary, Theresa May, to Deputy Prime Minister Nick Clegg says the coalition government intends to introduce new rules on family migration from June this year. The letter says the minimum maintenance requirement for a spouse or partner will be £25,700 a year before tax, and up to £62.600 for those with three children. Probationary period will be extended from 2 to 5 years, English requirement will be strengthened, and a higher burden of proof for genuine relationship will be demanded. It says nothing about ban on external sponsorship or if any savings are to be considered along with UK sponsor's income.

So it looks as though the government is pressing ahead with tightening the family migration route. Implementation from June is later than originally expected, which was April, but much earlier than October or 2013 some were expecting. The main proposals are broadly in line with the recommendations of the Migration Advisory Committee (MAC) published last November. We still wait to see if outside sponsorship or savings will be allowed.

Sunday Telegraph says that renewed tension between coalition partners over these proposals is expected, as the Liberal Democrats favour lower maintenance requirements and amnesty for all illegal immigrants currently in UK.

We just have to wait for official announcement, which can't be very far away, maybe in April or May.

Ministers plan major immigration crackdown - Telegraph

PEOPLE WILL SUFFER ALOT, IT IS DRASTIC CHANGE IN SETTLEMENT VISA

[MelC]

£25,700 Maintenance Requirement from June 2012 according to Leaked Cabinet Letter[/size]

Sunday Telegraph reports that a leaked letter from Home Secretary, Theresa May, to Deputy Prime Minister Nick Clegg says the coalition government intends to introduce new rules on family migration from June this year. The letter says the minimum maintenance requirement for a spouse or partner will be £25,700 a year before tax, and up to £62.600 for those with three children. Probationary period will be extended from 2 to 5 years, English requirement will be strengthened, and a higher burden of proof for genuine relationship will be demanded. It says nothing about ban on external sponsorship or if any savings are to be considered along with UK sponsor's income.

So it looks as though the government is pressing ahead with tightening the family migration route. Implementation from June is later than originally expected, which was April, but much earlier than October or 2013 some were expecting. The main proposals are broadly in line with the recommendations of the Migration Advisory Committee (MAC) published last November. We still wait to see if outside sponsorship or savings will be allowed.

Sunday Telegraph says that renewed tension between coalition partners over these proposals is expected, as the Liberal Democrats favour lower maintenance requirements and amnesty for all illegal immigrants currently in UK.

We just have to wait for official announcement, which can't be very far away, maybe in April or May.

Ministers plan major immigration crackdown - Telegraph

PEOPLE WILL SUFFER ALOT, IT IS DRASTIC CHANGE IN SETTLEMENT VISA

inside the UKBA they are expecting June.

£25,700 is a precise figure? i mean that in the context that is not a ball park one, £25-30,000 for example.

[m3y]

This rule will make genuine familys suffer alot... i appreciate sham marriages need to be curtailed, but there must be a better way..

[Gregarious]

This rule will make genuine familys suffer alot... i appreciate sham marriages need to be curtailed, but there must be a better way..

But after implementing these rules, what about those ppl whose income less than 26000 pounds. Who are not professional but working hard for their near and dear ones. It is drastic change in the history of laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into Uk country.

[Aryan2013]

"She tells Mr Clegg: "In particular I propose a minimum income threshold of £25,700 for a British citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA [European Economic Area] nationality."

For a partner with one child, the income threshold would rise to £37,000 a year, for two to £49,300 and for three children it would hit £62,600 according to the letter.

The "probationary period" before which spouses cannot apply to live permanently in Britain would lengthen from two to five years under the proposals while the "level of English required to achieve settlement" would be raised.

Grandparents and other "non-EEA adult dependants" would only be allowed in under the "most exceptional circumstances" - as current rules already require. "
http://www.telegraph.co.uk/news/uknews/ ... kdown.html

I am wondering, will this stand in a court of law??

The simple fact is that a non-EEA partner of an EEA person can walk-in without any income but when it comes to a British person, he/she will have to show a income of £25,700-£62,600 or even more.

Basically, British people are being told that they are less worthy than an EEA person in their own country, hope this Govt. wakes up before it’s too late!!!

[sakman]

Can a british person move to another european country then apply for a spouse visa in that country for a non-EEA partner.

And once the non-EEA partner is in that european country then jump on a train and come to uk again??

[beatboy]

Well that's that then. I thought our campaigning and delay had meant better news was to come. Worrying that the Lib Dems seem to be cowering to the Tories yet again.

This is sickening. I'm no lawyer but I can't see how this legislation will not be successfully contested in court. Its the most biased, unfair and prejudiced law I've ever heard of and I hope we get the chance to destroy it.

[vinny]

Can a british person move to another european country then apply for a spouse visa in that country for a non-EEA partner.

And once the non-EEA partner is in that european country then jump on a train and come to uk again??

Family members of British workers in EEA countries (not UK) may apply for an EEA family permit under the 'Surinder Singh' route.

[st_allis]

This rule will make genuine familys suffer alot... i appreciate sham marriages need to be curtailed, but there must be a better way..

But after implementing these rules, what about those ppl whose income less than 26000 pounds. Who are not professional but working hard for their near and dear ones. It is drastic change in the history of laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into Uk country.

I agree with Aryan2013 it has nothing to do with "stopping the inflow of immigrants".
It sounds like a very special way do punish british residents over EU counterparties. Government is unable to introduce additional requirements for EAA citizens thats why they decide to discriminate against their own citizens.

[Gregarious]

This rule will make genuine familys suffer alot... i appreciate sham marriages need to be curtailed, but there must be a better way..

But after implementing these rules, what about those ppl whose income less than 26000 pounds. Who are not professional but working hard for their near and dear ones. It is drastic change in the history of laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into Uk country.

I agree with Aryan2013 it has nothing to do with "stopping the inflow of immigrants".
It sounds like a very special way do punish british residents over EU counterparties. Government is unable to introduce additional requirements for EAA citizens thats why they decide to discriminate against their own citizens.

@ St_allis,

First of all, 'Inflow of Immigrants for all not for EU', you don't know the hidden agenda what is going on.

More importantly, there are so many Polish ppl other EU countries ppl settled in UK. These ppl are the cheapest and skilled labour in UK. On the other hand, there are so sham marriages in asian countries. They want to control these inflow of immigrants rather than relying on British government and taking benefits. hope it helps.

[st_allis]

This rule will make genuine familys suffer alot... i appreciate sham marriages need to be curtailed, but there must be a better way..

But after implementing these rules, what about those ppl whose income less than 26000 pounds. Who are not professional but working hard for their near and dear ones. It is drastic change in the history of laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into Uk country.

I agree with Aryan2013 it has nothing to do with "stopping the inflow of immigrants".
It sounds like a very special way do punish british residents over EU counterparties. Government is unable to introduce additional requirements for EAA citizens thats why they decide to discriminate against their own citizens.

@ St_allis,

First of all, 'Inflow of Immigrants for all not for EU', you don't know the hidden agenda what is going on.

More importantly, there are so many Polish ppl other EU countries ppl settled in UK. These ppl are the cheapest and skilled labour in UK. On the other hand, there are so sham marriages in asian countries. They want to control these inflow of immigrants rather than relying on British government and taking benefits. hope it helps.

I am sorry Gregarious if I offended you anyhow.

The only fact I want to emphasise is EAA citizen can bring any number of dependants without any problems (very short list of requirements which cannot be extended) because EU law is applied. Whereas British residents residents has to prove everything plus show maintenance funds (list of requirements is extended all the time) because national law is applied.

[Gregarious]

But after implementing these rules, what about those ppl whose income less than 26000 pounds. Who are not professional but working hard for their near and dear ones. It is drastic change in the history of laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into Uk country.

I agree with Aryan2013 it has nothing to do with "stopping the inflow of immigrants".
It sounds like a very special way do punish british residents over EU counterparties. Government is unable to introduce additional requirements for EAA citizens thats why they decide to discriminate against their own citizens.

@ St_allis,

First of all, 'Inflow of Immigrants for all not for EU', you don't know the hidden agenda what is going on.

More importantly, there are so many Polish ppl other EU countries ppl settled in UK. These ppl are the cheapest and skilled labour in UK. On the other hand, there are so sham marriages in asian countries. They want to control these inflow of immigrants rather than relying on British government and taking benefits. hope it helps.

I am sorry Gregarious if I offended you anyhow.

The only fact I want to emphasise is EAA citizen can bring any number of dependants without any problems (very short list of requirements which cannot be extended) because EU law is applied. Whereas British residents residents has to prove everything plus show maintenance funds (list of requirements is extended all the time) because national law is applied.

No need to say sorry; I just want to clarify the real picture and my point of view; what is going on. . I totally agree with your point of view as well

GIVE ME A SMILE PLEASE

[Aryan2013]

"The foreign spouses and family members, and UK citizens who care about them, are paying the price for political expediency and pandering. Make no mistake, UK natives: this government wishes you would all just go away."

http://www.guardian.co.uk/commentisfree ... mmigration

[sazkhan]

If these changes are coming in June and I apply in May, will these new rules affect my application?

[ajax]

And (I know this will be speculation) what are the chances that applicants who have already been granted spouse visas and who are a few months away from qualifying for ILR under the current rules will now have to wait five years instead of two? Or is it more likely that the new qualification periods will only apply to those who apply after a certain date in the future?

[GrahamD85]

That threshold is madness, which is why I'm not sure it'll get through. Lib Dems are already cheesed off with the Tories over other things, so fingers crossed this is something they fight for.

I don't know if it will affect those due to apply for ILR, but according to the letter I and others have received from MP's, it will not. I'm not sure I fully trust that though. However, it would surely make sense if the new rules applied all the way through the process - so you meet the income requirements when applying for FLR(M) and then again when you apply for ILR. If you didn't have to meet them when you applied for the original visa then surely you shouldn't have to meet them at the end of the probationary period?

If they did come in for those already here, the only positive is that by waiting another three years you may meet the income threshold if you don't already. Even then it's still a silly situation designed only to win votes.

[crb]

Anyone know when the discussion for this is about to take place in the parliament/anywhere???

And will teresa may be providing her services to all those who can't earn enough to bring their wife here????

[BigEasy]

Is there likely to be any notice period before any changes are introduced or do they normally just announce it on the date it takes effect?

My fiancee and I are unlikely to be able to get our visa application for her off to the UKBA before the very beginning of June (due to financial circumstances) so I'm hoping we can submit it before they change the game plan.

[GrahamD85]

They'll have to give some notice. I reckon they'll announce it next month.

[Asgard]

A bit confused here.

Say if a spouse is granted a visa before June and they've landed in the UK before these rules take effect The partner at that time has nowhere near £25,700 but under current rules it would still be granted. Does that mean when it comes to applying for ILR later on their UK partner has to have this £25,700?

[GrahamD85]

I think that's what a lot of us are wondering. Fingers crossed it's a case of 'if you apply under the old system then it's the same for ILR', but no one knows. We're due to apply for ILR in September, so I'm hoping that's the case.

[EnglishPerson]

My wife is applying for SET(M) next week. We have been worried for some time about the proposed five year probation rule, and we are quite relieved that we should escape this. However it seems a grossly unfair proposal and one which I suspect will be challenged by a Judicial Review at some point in the future.

[LadySSSS]

It is indeed quite clear why these proposals are taking place and I am personally sorry for all genuine families that will suffer because of it.

I am currently in the UK on spouse visa and to be honest, I am a bit upset when thinking about possibility that they may apply this rule to already issued visas... Tho i doubt they will.
My husband is tree surgeon, he works really hard and earns around £15,000 a year, and I cannot find job at all, so I am not working at the moment. We are not claiming any benefits.
With his wage we manage to live just fine, paying bills, food and we go out every so often. I cant say that we are missing much money-wise. We may not be able to afford expensive holiday, but we are doing just fine.

Now I am trying to imagine situation in 2 years time when i get to apply for ILR. I may be working so we may have enough combined income (not sure if i missed info on joint income being considered or not) or I may be pregnant or have 1 child, which is quite possible scenario, or I just may not be working... And i may get rejected and be forced to return to my country of origin even tho i was here with him 2 years and he is born British citizen?!

I don't think they dare to do such thing. Imagine how many families will be affected by this.

I don't care if I need to extend my probation visa to another 3 years... I wouldn't mind being on probation 10 years if they wish. I speak good English and i don't mind doing yet another test to prove it if they wish... But they cant convince me that my husband's income are not enough to support our lives and i will fight with all i have to not get separated with him if it comes to that.

[SoHopeful]

Just provide details of your current accommodation and ensure your parents state in a letter that you and your family can stay until you choose to leave.