Immigrationboards.com

[newrulessuck]

1) I earn £18,900. I need to make an application for my wife and her child for which I need to be earning £22,400. What is the calculation for working out how much I need to have in savings?

2) How long must the savings be sitting in my account?

Thanks

[Casa]

Savings under £16,000 won't be counted. Savings of £16,000 or over must be have been held for a minimum of 6 months.

[newrulessuck]

Thanks. So £16,000 is the magic number regardless of how short I fall from meeting the figure of £22,400?

[Casa]

Unfortunately, regarding savings, yes.

[MPH80]

The right formula is

(Shortfall * 2.5) + 16000

So in your case:

(3500 * 2.5) + 16000 = 24,750

And, as has been pointed out, it'll need to have been in your account for 6 months prior to application.

Note that the financial threshold must be met at the 30 month point too - so if you're planning on being a one income household - you'll need the savings again.

[newrulessuck]

I get that the 2.5 equates to 30 months/2.5 years yet I thought the new length of time before you could apply for ILR was now 5 years?

[MPH80]

You're right - but there's a mid point when you have to apply for an extension.

So - it's multiplied by 2.5 for the first period - and then again for the second period (at the time of extension).

So - if your income remains the same - in 2.5 years, you'll need to show the same level of savings again (all things being equal).

[AcrossBorders]

Do you pay another fee for the 30month extension?

[Casa]

Yes, you do.

[newrulessuck]

For many reasons I was not able to put in my application before the new rules were made law. I feel like it is the end of the road for my dream to stay in the UK but my lawyer seems confident that the new rules will be challenged and successfully overturned when they come to court. He thinks I should still apply even though I dont meet the new requiremnents and they will win an appeal as the new rules are unlawful. Of course he gains to get the fees I will have to pay but wondered whether other people have been told/feel the same? How long will it take for a 'test' case to come to court?

[MPH80]

Well - the minimum age took about 2 years to overturn.

My personal opinion is that the income level itself won't be overturned - there has always been one, it's just higher now - but the fact is can discriminate against women who don't work to look after children might be the key leverage point.

M.

[newrulessuck]

2 years?

[MPH80]

I stand corrected - it was 3:

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/november/10-marriage-visa-age

Changes were made November 2008 - and this article announcing the reversal is November 2011.

Legal processes like this take a LONG time.