Family Migration: New rules to be introduced from 09-Jul-12

[Alif1]

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 that was refused before 9th and you have appealed, your appeal will be considered according to the new rules.

Greenie, please can you clarify about the appeals. In point 3 you say "your appeals will be considered according to the the current rules".

Yet in point 4 you write "your appeal will be considered according to the new rules". How can appeals be considered under the old and new rules at the same time?? I must be missing something obvious!!!

Thanks

[Greenie]

Yes sorry- number 3 was right. Don't know what happened there. Have amended now, thanks.

[XJ2011]

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 of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the 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.

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 that was refused before 9th and you have appealed, your appeal will be considered according to the new 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.

Under this new rule, is any restriction on the days spent outside of uk in 5 years to apply for ILR?

[Greenie]

The changes will not be applied retrospectively other than that anyone applying for settlement from October 2013 must demonstrate English language proficiency at B1 level (listening and speaking) and pass the Life in the UK test to be eligible for settlement.

In other words, to be eligible for settlement from October 2013, all applicants (those under current rules and those who will enter the route from 09-Jul-12 onwards) will need to meet this new B1 English language proficiency and Life in the UK test requirement.

Statement of changes in Immigration rules HC 194
The appendices provide a simple to understand and concise summary of the changes and transitional arrangements.

The wording is slightly confusing:

. In particular:
• We will set a minimum income threshold of £18,600 to sponsor the settlement in the
UK of a non-EEA partner. There will be a higher threshold to sponsor a child under
the age of 18 before the partner reaches settlement: £22,400 for one child in addition
to the partner and an additional £2,400 for each further child. The relevant minimum
income threshold will apply at every application stage: entry clearance/leave to
remain, further leave to remain and indefinite leave to remain (settlement).

so, I take it they imply these rules will come into affect after the date set out, and will ONLY apply to those who applied leave to enter/visa AFTER the date the rule changes will take affect?

please read my post on the first page of this topic.

[Greenie]

I don't know how it can be made any clearer:

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 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.


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 (

[Greenie]

You have already been given the correct answer on this forum and by your solicitor. I am not sure what anyone else can say?

[irshad01]

In respect of these new rules if a couple have been married for 3 years and the spouse has not been able to apply due to the age restriction which has now been lifted. would they still be subjected to the new rules or would some form of discretion apply as they now have two children and also have met each other during the course of their relationshiop whilst waiting for the spouse to reach 21 years of age.

[Greenie]

In respect of these new rules if a couple have been married for 3 years and the spouse has not been able to apply due to the age restriction which has now been lifted. would they still be subjected to the new rules or would some form of discretion apply as they now have two children and also have met each other during the course of their relationshiop whilst waiting for the spouse to reach 21 years of age.

No there will not be any discretion and indeed the age restrictions changed some months ago. If you can't meet the financial requirements then i understand the application would be considered under the 10 year family route. If the children are British note they won't increase the income threshold.

[srsg]

When is the application deemed submitted, you can submit an application online in India buy you need an appointment to pay. SO is the submission date when you submitted the application or is the date on which you made the payment.

[Greenie]

When is the application deemed submitted, you can submit an application online in India buy you need an appointment to pay. SO is the submission date when you submitted the application or is the date on which you made the payment.

If applying from outside the UK then an application is not made until the fee has been paid.

Paragraph 30 states that:

An application for an entry clearance is not made until any fee required to be paid under the Consular Fees Act 1980 (including any Regulations or Orders made under that Act) has been paid.

Visa4UK's terms and conditions state that:

A valid application is one where an application has been completed on the Website and We have received the required Fee.

[crb]

what abt application made/paid through VFS ??
will the application submitted date be the application submitted with payment to VFS ...or when the embassy receives the application through VFS?

[John]

My attention has been drawn to explanation note 4.3 to the Change to Immigration Rules document. 4.3 reads (with my emphasis) :-

These changes to the Immigration Rules will come into force on 9 July 2012, except as in paragraph 4.4 below. However, if an application is made before 9 July and the application has not been decided before that date, it will be decided in accordance with the rules in force on 8 July 2012, regardless of the date that decision is made. The assessment of Article 8 in deportation proceedings will follow the rules in place on the date on which that consideration is made, regardless of when a person was notified of the Secretary of State’s intention to deport them.

[Greenie]

My attention has been drawn to explanation note 4.3 to the Change to Immigration Rules document. 4.3 reads (with my emphasis) :-

These changes to the Immigration Rules will come into force on 9 July 2012, except as in paragraph 4.4 below. However, if an application is made before 9 July and the application has not been decided before that date, it will be decided in accordance with the rules in force on 8 July 2012, regardless of the date that decision is made. The assessment of Article 8 in deportation proceedings will follow the rules in place on the date on which that consideration is made, regardless of when a person was notified of the Secretary of State’s intention to deport them.

yes but note this relates to consideration of article 8 issues only and not consideration of applications under the rules.

[John]

Indeed that is right, but to those affected it is a departure from the general principle that has been applied, namely apply prior to 9th July and the application will be decided upon all the rules in force prior to 9th July.

After all, for those possibly subject to deportation, the rules from 9th July are a lot tougher.

[Greenie]

Indeed that is right, but to those affected it is a departure from the general principle that has been applied, namely apply prior to 9th July and the application will be decided upon all the rules in force prior to 9th July.

After all, for those possibly subject to deportation, the rules from 9th July are a lot tougher.

The paragraph you have quoted is about deportation (i.e. of foreign national who has committed a criminal offence). In such cases there is not really a sense of a person having 'made an application' rather, it is the SSHD who notifies the migrant of her intention to make a deportation order, and then later makes a decision to issue that deportation order. No application has been made by the migrant therefore it follows that when the decison is made to make the order it will be made according to the rules in force at the time. Such people probably wouldn't be making applications under the current family immigration rules so I am not sure this is the really the right thread for discussing this issue as it may confuse matters.

Perhaps more relevent to those making (or who have already made) an application under the current immigration rules (e.g. as a spouse) is that if a decision is made after 9th July, and the current rules are not met (for example, switching requirements are not met, or the applicant hasn't passed the English language test), then the application will not be considered accoring to the current discretionary leave policy, but instead will be considered according to the new '10 year family migration route'.

"Before 9 July 2012 you applied for leave under the rules in force prior to that date, were refused leave but your appeal is allowed on or after 9 July
.
If your appeal against a refusal under other rules (not family) is allowed on or after 9 July 2012 on Article 8 grounds, you will not be granted discretionary leave. You will be granted 30 months’ leave on the new 10 year family route under the new immigration rules."

(Page 70, Appendix E) See also para 133, bullet points 2 and 4 of the Statement of Intent

whilst this is a departure from the general 'non retrospective' principal, again it is a slightly different issue in that leave on A.8 grounds was granted outside the rules before and in accordance with the discretionary leave policy, whereas now they have incorporated A.8 into the rules, so again it is not quite the same as a person applying under one set of 'rules' and having the application considered under another set.

[Filly]

[quote="sushdmehta"]The changes will not be applied retrospectively other than that anyone applying for settlement from October 2013 must demonstrate English language proficiency at B1 level (listening and speaking) and pass the Life in the UK test to be eligible for settlement.

In other words, to be eligible for settlement from October 2013, all applicants (those under current rules and those who will enter the route from 09-Jul-12 onwards) will need to meet this new B1 English language proficiency and Life in the UK test requirement.

Statement of changes in Immigration rules HC 194
The appendices provide a simple to understand and concise summary of the changes and transitional arrangements.[/quote

Having read through many times!!! After July 9th, will fiance visa's require an A1 level or B1 level for entry?? I understand settlement requires B1 , not sure about fiance visa ?? Anyone help..thank you

[Greenie]

The English language requirements for the initial visa (limited leave as a partner - e.g. spouse, CP, unmarried partner, fiance) remains at A1. It's only the requirement for ILR that has changed.

See E-ECP.4.1 on page 24 of the statement of changes.

[Filly]

thank you so much..Im sure i will have many more questions to follow over next few months..this is a start and im grateful for your reply

[AcrossBorders]

Will UKBA publishing the finer details on their website, for things like:

"publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;"

[meja]

Hey guys

My fiance is going through a divorce,expecting it to be done by sometime next month and then planning to get married early august.
Here is my confusion,my fiance was married to some one with IRL and her 2 year probation period ends early sept.I am a British citizen, and we are planning to get married in august.
Will she apply for another marriage visa under my name,or can she apply for ilr under the two years rule as she been in marriage throughout though with 2 different partners.
And if she apply for another marriage visa,will be she be considered under the 2 years rules or the new 5 years rule?
Have tried to google on ukba website but its not clear at all.Any one who have been through this route or is enlighted on immigration matters,please give me your opinion before we apply in the wrong category and waste money and time.Thanks alot

[Greenie]

Hey guys

My fiance is going through a divorce,expecting it to be done by sometime next month and then planning to get married early august.
Here is my confusion,my fiance was married to some one with IRL and her 2 year probation period ends early sept.I am a British citizen, and we are planning to get married in august.
Will she apply for another marriage visa under my name,or can she apply for ilr under the two years rule as she been in marriage throughout though with 2 different partners.
And if she apply for another marriage visa,will be she be considered under the 2 years rules or the new 5 years rule?
Have tried to google on ukba website but its not clear at all.Any one who have been through this route or is enlighted on immigration matters,please give me your opinion before we apply in the wrong category and waste money and time.Thanks alot

no she cannot apply for ilr on the basis of a combined two years will two different partners. The probationary period is connected to the marriage for which she was granted the visa.

Does your fiance know if her husband has reported the breakdown of the marriage to the ukba? If so then her leave may be curtailed.

In the event that her leave has not been curtailed she would need to apply for further leave to remain on the basis of her marriage to you. Expect your relationship to be heavily scrutinized.

[geriatrix]

New IDIs have been published

Chapter 8 - Family members transitional arrangements

The Appendix FM section of the immigration directorate instructions (IDI) is about family members applying after 8 July 2012 under Chapter 8 Appendix FM of the Immigration rules.

[rj.marsden]

If I am under the old system (spouse visa already held since Dec 2010) will any of these changes mean I have to wait longer to apply for British Citizenship? My understanding currently is that you wait 2 years for ILR, a further year for Citizenship. Will this change? Thanks

[AcrossBorders]

New IDIs have been published

Chapter 8 - Family members transitional arrangements

The Appendix FM section of the immigration directorate instructions (IDI) is about family members applying after 8 July 2012 under Chapter 8 Appendix FM of the Immigration rules.

I was under the impression they were going to provide CLEAR guidelines for what they consider a "Genuine and Subsisting Relationship" and looking at their published doc - its as vague as before.

[carlyann]

Hi,

Chapter 8 makes reference to a civil marriage certificate and a religious marriage certificate. Is this aimed at certain countries only? As far as I am aware I will only get a civil marriage certificate. We are having a later catholic blessing as part of our reception but as far as I am aware no certificate will be given.