ILR new rules 9th July 2012

[galia]

My husband (British Citizen) and I married in Hong Kong in December 2007. After marriage we continued to living together in Hong Kong and had our first child (British Citizen by decent) there.

In 2012 we had decided move the family back to UK. I was granted a spouse visa (2 year probationary) in April 2012, before the new July rules were introduced.

Since entering the UK we had our second child in December last year

Having less than a year until my probationary period is over. I would like to know if and how the new rules will affect us.

Question 1.
Will the new income threshold apply to us, and if so how? Will the income threshold account for sponsoring me only or will our children be accounted towards it as well?

Question 2.
When my 2 years is up, can I apply for ILR or do I apply for FLR as the the probationary period had increased to 5 years in the new rules?

Question 3.
Is it only the Life in UK Test that I need to pass or do I need to acquire a English language level accredited to B1 level as well?

Any answers to the above questions will be greatly appreciated.

Also, I have another side question not relating to the above questions.

Regarding the 4 year marriage settlement rule. When applying to enter UK back in 2012. We were already married for over 4 years and had also spent all that time living together. Obviously I had not yet passed the Life in UK test as this can only be taken within UK.

Shouldn't I be granted settlement as soon as I pass the test when I am able to take in after arriving in UK, as oppose to having to complete the 2 year probationary period? Can I now request under those rules to gain settlement earlier, now that meet all the requirements of the 4 year marriage rule?

[Amber]

My husband (British Citizen) and I married in Hong Kong in December 2007. After marriage we continued to living together in Hong Kong and had our first child (British Citizen by decent) there.

In 2012 we had decided move the family back to UK. I was granted a spouse visa (2 year probationary) in April 2012, before the new July rules were introduced.

Since entering the UK we had our second child in December last year

Having less than a year until my probationary period is over. I would like to know if and how the new rules will affect us.

Question 1.
Will the new income threshold apply to us, and if so how? Will the income threshold account for sponsoring me only or will our children be accounted towards it as well?

No

Question 2.
When my 2 years is up, can I apply for ILR or do I apply for FLR as the the probationary period had increased to 5 years in the new rules?

ILR providing you meet the criteria.

Question 3.
Is it only the Life in UK Test that I need to pass or do I need to acquire a English language level accredited to B1 level as well?

B1 is introduced in October 2013. If you have a degree taught in English you'll be ok.

Any answers to the above questions will be greatly appreciated.

Also, I have another side question not relating to the above questions.

Regarding the 4 year marriage settlement rule. When applying to enter UK back in 2012. We were already married for over 4 years and had also spent all that time living together. Obviously I had not yet passed the Life in UK test as this can only be taken within UK.

Shouldn't I be granted settlement as soon as I pass the test when I am able to take in after arriving in UK, as oppose to having to complete the 2 year probationary period? Can I now request under those rules to gain settlement earlier, now that meet all the requirements of the 4 year marriage rule?

you did not meet the requirements when the rule was in place.