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Changes to the family immigration rules: Who they affect

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Changes to the family immigration rules: Who they affect

Post by Greenie » Thu Jun 14, 2012 7:19 pm

Just thought I would write a hopefully short post to answer the questions that many people have asked as to who the changes will apply to

Some key points about the changes.

1. The new rules will primarily only affect those who apply for leave as a spouse/CP/unmarried partner/fiance of a settled person or a PBS dependent AFTER 9th July 2012.

2. If you applied for and were granted either leave as the spouse/partner/fiance of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the current immigration rules (e.g. - two year probationary requirement and not the new 5 year probationary requirement). When you apply for ILR the current rules in your category will apply for you. This is the case even if you have to make another application for 'leave to remain' before qualifying for ILR for example

- PBS dependent needs apply for further leave so that their spouse can complete his or her 5 years as a PBS migrant,

- a fiance has to apply for further leave as a spouse once the marriage has taken place,

- a spouse of a settled person does not pass the Life in the UK test so needs to apply for further limited leave before applying for ILR

In all of the above scenarios as long as the application which resulted in the original grant of leave as a spouse/partner was made before 9th July 2012, the 2 year probationary period, and (for partners of settled persons) the current accomodation and maintenance reqiurements, will continue to apply.



3. If you have made an application as a PBS dependent or spouse/partner etc of BC/settled person before 9th July 2012 and you are waiting for a decision your application will be considered under the current rules and if successful you will be granted leave under the current rules (pre 9th July 2012 rules). If your application is refused and you appeal, your appeal will be considered according to the current rules

4. If you made an application before 9th which has been refused and you appealed],
your appeal will be considered according to the current rules

5. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.

6. All applicants, regardless of of when they applied for their leave, will be subject to the new English language/Life in UK test requirements if they apply for ILR after October 2013 (

7. The changes to the income thresholds (i.e. the minimum income of £18,600 for a couple) only apply to applications for ILR as the spouse of a a settled person. They do not apply for PBS dependents applying for ILR as PBS dependents.

8. Anyone who is applying for leave to remain/a visa in one of the relevent categories on or after 9th July will be subject to the new rules, and probationary periods. This includes if you have previously made an application before 9th July under the old rules, which was refused, and any appeal was also dismissed.

The changes to the rules are set out in detail in the statement of intent and the statement of changes

These documents are detailed but they do include summaries and it would be helpful if you could read them and have a look around the board first before posting a question about the changes. As you can understand we have all had as much notice as you of these changes and experience members/moderators are also trying to get to grips with the new rules.
Last edited by Greenie on Sat Jun 16, 2012 4:53 am, edited 3 times in total.

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Post by geriatrix » Thu Jun 14, 2012 7:33 pm

Appendix E -> Row 1 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012 until settlement, if you qualify for it. This includes the existing maintenance requirement and a two year probationary period to settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement. These arrangements also apply to post-flight spouses and partners of refugees and persons granted humanitarian protection in the UK.
Appendix E -> Row 4 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or further leave to remain as a fiancé(e) or proposed civil partner of a British or settled person, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012. You can still apply to switch into the partner route on the basis of the existing maintenance requirement and a two year probationary period before settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.

Appendix E -> Row 11 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as the partner of a migrant under the Points Based System, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.




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saeedafridi123
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Re: Changes to the family immigration rules: Who they affect

Post by saeedafridi123 » Tue Feb 10, 2015 5:04 pm

Hi guys we are a group of people whose families were effected by the pre july rules that were changed in april 2014. which made it impossible for families to apply for 2 years rather 5 years visa.anyone wants to join us to challenge this rule in high court should come forward and can contact me on my number

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Re: Changes to the family immigration rules: Who they affect

Post by Obie » Mon Mar 02, 2015 4:03 pm

Changes to the immigration rules, full appeal rights has come to an end in accordance with the Immigration act 2014.

https://www.freemovement.org.uk/full-im ... nto-force/
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Re: Changes to the family immigration rules: Who they affect

Post by mkhan2525 » Mon Mar 02, 2015 5:28 pm

Obie wrote:Changes to the immigration rules, full appeal rights has come to an end in accordance with the Immigration act 2014.

https://www.freemovement.org.uk/full-im ... nto-force/

I noticed the article mentions increase rights of appeals for overstayers.

Does this mean that applicants who are refused with no right of appeal will be able to appeal on human rights grounds if they have an Article 8 case without the need to go down the JR route?

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Re: Changes to the family immigration rules: Who they affect

Post by vinny » Sun Mar 15, 2015 2:07 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Re:

Post by ansarf » Sat Mar 19, 2016 10:25 pm

hi
Can any senior or moderator please help
I am on ILR (10 -year route) from December 2015. my wife came in UK before 9th July 2012 specifically she came on 27 November 2011.she ll complete her 5 yrs as PBS dependent in November 2018.
Is she eligible to Apply for ILR on 5 yrs PBS dependent ,or i need to Apply FLR (M) for her which will obviously reset her clock of 5 yrs.
P.S her current visa is valid til 2018 july (As my tier 1 extension was refused and i won the case after 2 yrs so instead of 2015 she got visa till 2018).

Anyone's help is much appreciated
Thanks


sushdmehta wrote:
Appendix E -> Row 1 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012 until settlement, if you qualify for it. This includes the existing maintenance requirement and a two year probationary period to settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement. These arrangements also apply to post-flight spouses and partners of refugees and persons granted humanitarian protection in the UK.
Appendix E -> Row 4 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or further leave to remain as a fiancé(e) or proposed civil partner of a British or settled person, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012. You can still apply to switch into the partner route on the basis of the existing maintenance requirement and a two year probationary period before settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.

Appendix E -> Row 11 wrote:Scenario: Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as the partner of a migrant under the Points Based System, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.




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Re: Changes to the family immigration rules: Who they affect

Post by vinny » Sat Mar 19, 2016 11:57 pm

FLR(M), 5 year route.
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Re: Changes to the family immigration rules: Who they affect

Post by ansarf » Tue Mar 22, 2016 3:23 pm

vinny wrote:FLR(M), 5 year route.
Many thanks vinny ,much appreciate your help.I am glad some one answered my post atleast.
Do you have any idea if my wife can travel on this visa as its valid until 2018 and apply flr-M after 3 months.As someone told me that there is risk that immigration officer will stop her from coming back because of her old visa.

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Re: Changes to the family immigration rules: Who they affect

Post by CR001 » Tue Mar 22, 2016 11:48 pm

ansarf wrote:
vinny wrote:FLR(M), 5 year route.
Many thanks vinny ,much appreciate your help.I am glad some one answered my post atleast.
Do you have any idea if my wife can travel on this visa as its valid until 2018 and apply flr-M after 3 months.As someone told me that there is risk that immigration officer will stop her from coming back because of her old visa.
It is risky and she can be refused entry to the UK. It would be safer to apply for FLR(M) before traveling.
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Re: Changes to the family immigration rules: Who they affect

Post by londonuk9 » Sun Mar 27, 2016 2:49 pm

As new law dependant have to wait 5 years to get ILR......

is anybody have idea about court case for dependent 5 years settlement case?

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Re: Changes to the family immigration rules: Who they affect

Post by expotokyo » Sat May 07, 2016 11:54 pm

I believe that for those who applied before July 9 2012 and appeal successfully, the following guidance is crucial. The information below (Aug 2015)seems to contradict the information in paragraph 4 of the original post on this page - i.e. that the new Rules come into play for appeals after July 9 2012.

https://www.gov.uk/government/uploads/s ... _final.pdf

6. Appeals on or after 9 July 2012 (for incountry
and out-of-country applications)
6.1. Application submitted before 9 July 2012: allowed appeal
under the Immigration Rules
6.1.1. Where a person submitted an application before 9 July 2012, it was considered and
refused under Part 8 and a subsequent appeal against the refusal is allowed under
those Rules, and the Secretary of State is not contesting the determination, leave
should be granted under the provisions of Part 8 in force at the date of application.
6.1.2. Further applications for leave or indefinite leave to remain from such a person will be
considered under the transitional provisions in paragraph A280(c) of Part 8.

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Re: Changes to the family immigration rules: Who they affect

Post by vinny » Fri Apr 07, 2017 1:37 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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Re: Changes to the family immigration rules: Who they affect

Post by Obie » Fri Jul 21, 2017 11:47 am

Further changes made to the Immigration RUles to incorporate the Section 55 Duty into the Immigration Rules, and to provide the possibility of 3rd party support for Residency application.


STATEMENT OF CHANGE HC290 , which comes into effect on the 10th August 2017..

Hopefully we will now see progress in the processing of FLR(FP ) application.
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