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

[geriatrix]

As long as you possess a certificate that recognises your marriage / civil partnership under the law(s) of the country where the marriage / civil partnership was solemnised, you are fine. That certificate is good enough under UK law too.

For any further specific queries regarding your application, please continue in your existing topic.

[KD1]

I think I've understood the posts on this thread correctly but to be absolutely sure - there is a statement in the table on page 69 of the Statement of Intent document that says:

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 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.

As per this, for my wife (currently on a dependent Tier 1 visa since October 2009) the probationary period pplicable for her will still continue to be 2 years when we go for our PEO appointment on the 3rd of August and she only needs to show a Life in the UK test pass certificate.

That sound about right?

Regards

[NMck]

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.

Can someone clarify something for me?

What is the "10 year family route"?

Many thanks.

[beatboy]

The rule changes are not as bad as they could have been (particularly the salary threshold and still allowing third party accommodation support). I like to think this that the letters we wrote to our MPs and the fuss we made has helped, so well done to everyone who got involved!

One thing that is still not too clear to me is the sponsoring (or not) of any dependent children. I am a British citizen (born in the UK) and if I have children outside of the UK, are they entitled automatically to a British passport in that country of birth and thus don't have to be sponsored nor be part of the extra income requirement?

[BobbyUKENG]

Sameer - please let me know the status on ten years ILR? Is it changing to 15 years?

I'm confused, please let me know so that I get updated with the new rules and also can you please post the link which points to the 10 years rule.
Thanks in advance

[BobbyUKENG]

According to new rules effecting from 09 July 2012 lawful residence also changes from 10 to 15 years.
According to the policy on page 5 paragraph 2/3.
Is it true.

No, the paragraphs you refer to relate to deportation.

Sushdmehta,

Many users are saying that ten years ILR is been changed to 14 years, Is it true?

Please confirm and can you please post the link so that I can update myself.
Thanks in advance

[sog2k7]

Sorry if my question has already been answered - I couldn't find this information anywhere.

Do the new rules (9/July/2012) affect spouses of EEA citizens who wish to apply for a Residence Card? For example, a south american wife of an Italian citizen who would like to apply for a Residence Card after 9/July/2012?

[Casa]

No

[sog2k7]

Casa, thank you.

Is there any official communication about this matter (EEA's and the new rules)? The documents that I read weren't very clear about it.

[arsenalsri]

I'm on Tier1 General and due for my ILR in June 2013. My current leave expires in Feb2013, so I will be going for an extension later this year. My question is as I'll be applying for an extension after July 9, will the new rule for dependent apply? I've been in the UK since Jun 2008 and my wife joined me in Nov 2008. As we will be applying for an extension after July 9 will she be eligible for ILR in June 13 along with me or will we have to wait till Nov 13.

Thanks for your help.

[arsenalsri]

A quick search on the forum after my earlier post and I think I found the answer to my question. Paragraph 96 in this document I believe is relevant to me. I would be great full though if anybody can confirm that to me.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks

[vinny]

The New Rules.

[sam2106]

lol, a must read!

The New Rules.

[accablues]

hi all, not sure where to get info from .. but what will happen to couples living outside uk??

does that mean the husband or the wife have to first move back to UK alone, start earning and only then apply for spouse visa ??

plz can somone shed some light on this

thanks

[pothuri.naveen]

[NPKILRApp]

Thanks. Taking a look at it now!

I'm in UK from last 5 years and palanning to apply for ILR in August for my self and my dependends.

My spouse came 6 months latet after I came. She stayed in UK for 4.5years . We got married 6 year beofre back in India.

Could you please guide me if I can apply ILR to both of us at time or do I have to wait to finish my wife - 5 stay in UK...?

[harv]

Thanks. Taking a look at it now!

I'm in UK from last 5 years and palanning to apply for ILR in August for my self and my dependends.

My spouse came 6 months latet after I came. She stayed in UK for 4.5years . We got married 6 year beofre back in India.

Could you please guide me if I can apply ILR to both of us at time or do I have to wait to finish my wife - 5 stay in UK...?

My understanding would be:

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria

Experienced forum members should be able to give you the 'correct' advice, as I am not the most experienced in this area.

[transpondia-2011]

Thanks. Taking a look at it now!

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria

Question. On which basis would the wife qualify for ILR straight-away?

[harv]

Thanks. Taking a look at it now!

- You apply for your ILR and at the same time get an FLR for your wife
- Once your wife got an FLR you can apply for her ILR straight away subject to the English language criteria

Question. On which basis would the wife qualify for ILR straight-away?

Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.

[transpondia-2011]

Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.

Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?

[NPKILRApp]

Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.

Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?

Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...

[sam2106]

If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam

Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.

Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?

Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...

[NPKILRApp]

If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam

Since the wife came on a dependent VISA in the UK and already lived over 2 years. Once given on FLR, she automatically meets the minimum 2 years criteria. If the two years criteria is not met she also meets the NEW 5 years criteria.

Thanks, I understood the wife can settle under Paragraph 319E, but do not get why the spouse needs another FLR if they already have leave to remain as a PBS dependent?

Thank you very much for your support and comments, as per old rules My wife was entitled to apply ILR along with me.

New rules are not clear about minimum requirements to apply ILR for my wife.

She lives with me in UK from last 4.5 years and we got married 7 years ago.

My question is , does my wife required to live minimum 5 years in UK... to apply ILR ....?

Or 2 years stay enough to apply ILR.....?

Could you please add your comments for this...

Thanks Sam ...

Yes, She lives with me in UK for last 4.5 years on PBS dependent...

[harv]

If she is the married dependant or the unmarried dependant of someone on PBS, and has accumulated 2 years minimum on this visa, she can convert to FLR(M) and then straightaway after getting the 2 years FLR(M) apply for ILR...but the rules has just changed...i don't know if she will be classed under the old rule ( if there is some exemption for her in the new rule) or when applying for FLR(M) she will have to meet the new rule and will be given 2.5 years leave first instance followed by 2nd instance of 2.5 years leave. If this is the case, then i presume, she will have to be on the PBS dependant visa and spouse visa for a combination of 5 years duration before she can apply for ILR , e.g however number of years she has been your PBS dependant + whatever more years she will need on FLR(M) to make it a total of 5 years.

Has she been your PBS dependant throughout last 4.5 years she has been in the UK?

Sam

This is a kind of grey area due to the changes now. I remember reading that these changes will not effect existing VISA holders that come under this particular VISA scheme. However it seems like your wife may come under the 5 year scheme instead of the 2 years.

Looking at the detail posted I think 'NPKILRApp' is in a good situation. You can apply for her VISA once the full five years complete (just a matter of 6 months or so) to be on the safe side.

[Sal5UK]

Hi people,

Whats the amount of savings required in personal bank account to meet the new rules?

Thanks in advance..