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Does the new Immigration laws apply to me and my boyfriend??

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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theotherblonde
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Location: scotland

Does the new Immigration laws apply to me and my boyfriend??

Post by theotherblonde » Sat Dec 07, 2013 6:17 pm

Hi everyone, hoping for some genuine advice.

I am a British Citizen, born here in Scotland. My boyfriend is from Nigeria, studying here in the UK on a student visa that will expire in 2016. However we want to be married next year and start a family. We want him to change his visa status and be here as my husband.

However I am hearing about these new immigration rules where you need to be earning £18,600 a year. I am not sure if this applies to us?
I am a student and i recieve SAAS student loan. I dont even think this will be considered. I also work part time but not to the extent of £18,600.

My question is, does this apply to us since he has been here for 3 years nearly or is there something else we come under?

I dont know where to find this information from.

Thank you

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CR001
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Post by CR001 » Sat Dec 07, 2013 7:18 pm

For a spouse visa, the new rules will apply to you and your partner.
Char (CR001 not Casa)
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Casa
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Post by Casa » Sat Dec 07, 2013 8:27 pm

The Home Office may lose their High Court appeal against the decision to remove the minimum financial threshold, due to be heard in March 2014.
If you don't qualify now if may be wise to wait before submitting an application as your fiance's current visa is valid until 2016. Any applications submitted now which would fail solely due to not meeting the financial criteria will be put on hold by the UKBA until after the High Court appeal.

Ayyubi72
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Post by Ayyubi72 » Sat Dec 07, 2013 10:07 pm

Can you please point out to the information about which court removed the financial requirement that HO has appealed against?

vinny
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Post by vinny » Sat Dec 07, 2013 10:13 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Ayyubi72
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Post by Ayyubi72 » Sat Dec 07, 2013 10:48 pm

It cannot be said though that high court has "removed" the financial requirement, and HO has appealed againg this "removal" of requirements.

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