H.Court Find Min income Rules Disproportionate & Unjusti

[sancha]

Hi
Please can you help me in following questions as my earning is £16000 and have three dependents (2 kids and wife) here.
1) Can we both include our salary(me £16,000 and my wife £10,000) to make-up £18600?
2) How much funds I have to show ?
Thanks

[Amber]

Are the children settled or British?

I assume this is for SET(M)? You can include both salaries if the work is legal and you meet the requirements as per Annex FM.

[sancha]

Thanks, Kids and wife are on dependant visa, How much saving we have to show?

[Amber]

When was your spouse granted leave as a spouse?

[sancha]

First time she has granted leave to entre in may 2006 then leave to remain as my dependant at the same time as my visa extended. Current one was granted in Jan 14 and valid until 2018 as tier4 dependant. In summary kids and wife is on dependant visa since 2006 and our current visa was granted in Jan 2014 valid until 2018.we all living together in uk continuously since 2006.

[Amber]

Are you now settled?

[sancha]

No, 10 yrs will be completed next year

[Amber]

As you're applying for SET(LR) your spouse will be subject to the Financial requirement when switching to FLR(M) and will be on a new 5 year route to settlement or when 10 continuous valid years are complete.

2 children in addition to the partner – £24,800 requirement.

[sancha]

Thanks Amber
1) we both (me + my wife) can include our salary (off course legal) to reach £18,600 for FLR(M) - true?
2) After my ILR in 2015, Can my wife and kids continue on their current dependant visa which was granted on the basis of my tier-4 visa (valid until 2018) OR They must need to change their visa after my ILR.
I am thinking, if they can continue with their current dependant visa (valid until 2018), they can apply ILR in 2016 when they completing 10 years and this will avoid the route of FLR(M). I am a bit worried about the validity of their current dependant visa after my ILR.
Regards

[Casa]

Note that Amber has advised that with 2 children, your joint earnings must be at least £24,800 per year.

[sancha]

Sorry, I thought £24,800 is maintenance in addition to salary £18,600. Thanks for correcting me. Do we need to show any maintenance fund as well in addition to salary £24,800?
Can they remain on current dependant visa after my ILR (question 2 in my post please) or their visa will become invalid when me granted ILR?
Regards

[CR001]

http://www.immigrationboards.com/indefi ... l#p1020092

[ukthesis]

As I understand the financial requirement, if the sponsor (usually the guy living in the UK) has £62,500 or over in savings, he does not need to show anything more to satisfy the requirement. His income does not need to be taken into account.

In the case where, however, his income from pension source(s) comes to £10,000 a year, this can be taken into account in meeting the requirement. Reading the December 2013 Immigration Directorate Instructions, it says that income from pensions are classed as meeting this requirement (p. 14). In the case of someone getting a pension income of let's say £10,000 per annum, then, how much does he have to also show in SAVINGS to qualify as meeting the requirement?

In addition, these Instructions are a bit confusing. According to page 14, "State (UK or foreign) or private pension" can be taken into account to meet the requirement. I will shortly receive a state pension AND I already receive a private pension.

Looking at the wording on page 14, however, I cannot add both pensions together for this purpose (ie "State (UK or foreign) OR private person"). So I can't total them up? I can only list the state or the private pension? Is this the case? Or is it just loose wording and they really mean that I can add them together as qualifying income?

[maniani]

Any update or not???????

[Casa]

The judge hasn't given his decision. Even if the Home Office lose this appeal, they will almost certainly take it to the Supreme Court, so any changes (if any) are a considerable way off.

[maniani]

It has been 3 months and 12 days and there is no update? What is going on in the Court of Appeal?

[Amber]

It's likely to go to the Supreme Court next so it'll still likely be many more months before any certainty arises.

[Shamsur3197]

Hi any body can help me ,my wife was PBS dependent and last visa was granted 20 th feb2012.until2015.she applied FLRM visa 9th of May 2014.by peo,but her visa on hold and said u need ur 18600 rules.my question is does she need to 18600 rules .our solicitors said it don't need coz she got her visa 20th July 2012.thank u

[Amber]

Judgement is due on Friday 11th July at 10AM.

[davisco12345]

thanks for the update.i just cant wait as my wife's visa application is still in process pending the court judgement.

[MPH80]

thanks for the update.i just cant wait as my wife's visa application is still in process pending the court judgement.

Please keep in mind the previous statements in this thread - regardless of which side 'wins' on Friday - the other is likely to appeal to the supreme court.

This won't be resolved on Friday.

[jessicasaid]

http://davidward.org.uk/en/petition/no- ... ouse-visas



Sign this petition if you are affected by the 18,600 rule!!!!! and share to facebook and other social networking sites!!!

[maniani]

Bad news.SSHD's appeal allowed in all 3 cases #MMcase Rules in force 9 July 2012 still in force.MM applying for legal aid extension for SC.......

[askmeplz82]

Ruling has been made today 11th July 2014 at 10:30am

: MM & Ors v Secretary of State for the Home Department

Home Office has won in Appeal Court on legality of £18,600 minimum income limit for Brits sponsoring a foreign spouse

appeal allowed in all 3 cases MMcase Rules in force 9 July 2012 still in force. lawyers trying to appeal to Supreme Court. Will take a few weeks to know more

[Tier 4]

http://davidward.org.uk/en/petition/no- ... ouse-visas



Sign this petition if you are affected by the 18,600 rule!!!!! and share to facebook and other social networking sites!!!

Done, but don't know petitions like this make any effect at all.