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

[krs133]

SoI

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

No retrospective changes - new rules only apply for applications made after 9 July. Phew

[MWill]

The transitional arrangements. Looks like everyone who applies before 9 July will be able to apply for ILR under the old rules, after 2 years.


A partner, child or adult dependent relative who has been granted, or who has applied
for, leave to enter or remain in the UK on the family route (or a partner of a migrant with
leave under the Points Based System) before 9 July 2012 will remain subject to the rules
in force prior to that date. They will be able to reach settlement in the UK (including those
granted or who have applied for leave as a fiancé(e) or proposed civil partner) if they
qualify for it under the rules in force prior to 9 July 2012, subject to the requirement from
October 2013 to pass the Life in the UK test and to present an English language
speaking and listening qualification at B1 level or above to qualify for settlement. 

[srsg]

Does NHS come under recourse to public Funds that are no longer available for 5 years for elderly dependent relatives ?

[krs133]

No, wouldn't apply to NHS services as they are free at the point of delivery.

[PaulT]

The transitional arrangements. Looks like everyone who applies before 9 July will be able to apply for ILR under the old rules, after 2 years.

Well they certainly kept us waiting for this announcement today (not making it until after 5pm)! However thankfully it seems to be fair, as far as people currently on the family route and living in the UK are concerned, with the majority of changed not applying to them.

It feels like a bit of a weight has been lifted, as this has been at the back of my mind since these changes were first mentioned at the start of the year.

[cs95tdg]

Published this evening:

http://www.ukba.homeoffice.gov.uk/sitec ... -migration

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

[geriatrix]

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.

[carlyann]

laith,

why would applivcations before 9 july be processed faster? I can only assume that they will be processed slower as a result of an influx of applications submitted before 9 july. and presumably the people who review the applications will at some point have to take time out to have training on the application of the new rules

[dza926]

I have asked this question before, and perhaps it should be put to a politician, but...what happens if someone is granted a visa, having met the wage threshold requirements, then loses their job after a year, and then ends up in lower paid work? Will they just force the spouse to leave even if both parties have been working, paying taxes, but no longer meet the minimum wage requirement? That would seem incredibly unjust.

Likewise, what if they meet the £18k requirement and then have a couple of kids (twins?) during the probation period, and therefore no longer meet the minimum threshold (as it is higher for couples with children). They split the family up even though they have been working and not claiming benefits?

There are legal people on this forum, right? What would the position be in either of the two above scenarios?

[carlyann]

From what Theresa May said today in the House of Commons it seems that they will test people against the thresholds throughout the five year period. So yes if you have a child in the five year period the income threshold will increase and if you lose your job this will be taken into account (however by that point when the applicant is in the UK and working their income will count towards the required amount). As to when they will test you will have to read the full summary - sorry haven't had the chance

[Greenie]

I have asked this question before, and perhaps it should be put to a politician, but...what happens if someone is granted a visa, having met the wage threshold requirements, then loses their job after a year, and then ends up in lower paid work? Will they just force the spouse to leave even if both parties have been working, paying taxes, but no longer meet the minimum wage requirement? That would seem incredibly unjust.

Likewise, what if they meet the £18k requirement and then have a couple of kids (twins?) during the probation period, and therefore no longer meet the minimum threshold (as it is higher for couples with children). They split the family up even though they have been working and not claiming benefits?

There are legal people on this forum, right? What would the position be in either of the two above scenarios?

my reading of the policy is that it is only sponsored children who will cause a couples income threshold to rise so if the couple have children during the probationary period then the child will almost always be British (unless born outside the UK and the sponsoring parent only has ilr or is British by descent) . Until the rules are published it will not be clear however all of the references to children and the increased thresholds refer to sponsored children.

Regarding if the couples income decreases meaning they no longer meet the requirement, i think this is where they will then consider article 8 and it seems that if article 8 would be breached the spouse would instead be granted leave under the '10 years to settlement' route. Its not clear how they intend this to work however particularly as it is unclear how the courts will react to attempts by parliament to tell them how to interpret article 8. Also not clear if a spouse starts off on the 5 year route and is moved to the 10 year route because they fail the finance test at the second stage, whether they can then get back on the 5 year route and if so whether the 5 years starts again.

[som1984]

just to put my mind at ease. my wife will hand in our application on thursday this week. does this mean that we will qualify under the current rules when it comes to ILR.

Can someone put my mind at ease?

thank you

[geriatrix]

does this mean that we will qualify under the current rules when it comes to ILR.

Yes, other than the fact that she will need to pass LITUK test and prove English language proficiency (speaking and listening) at B1 level to be eligible for settlement (sometime in 2014).

[blumango]

Anyone know whether these changes will affect severely disabled sponsorers wishing to bring over their spouses? Cannot find direct reference to such persons regarding financial requirements.

Am i correct to assume current case law for such groups will continue to have precedence despite the new policy change?

p.s from which date will the B1 test be a pre-requisite for non-eu spouse visas?

cheers in advance

[Greenie]

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/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.



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 before 9th which has been refused and you appealed], your appeal will be considered according to the current 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.

[sameer2012]

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.

[geriatrix]

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.

[Jay4you]

Hey guys, I have a question & here's hoping someone can answer that. While going through the whole document I came across this paragraph:

"Category B: salaried employment for less than the last six months

144. Where the sponsor and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for less than the last six months, the applicant can count the gross annual salary at the point of application towards the financial requirement."

I am getting married in November this year. We are planning to apply for her Spouse Visa at start of December. I have just got a new job which I will start on 1st of July. I assumed that for financial requirements (which requires 6 months payslips) I would provide 5 pay slips (July – November) from my new job & 1 pay slip (June) from my existing job. After reading this I assume they won’t accept that but I will just have to give them the proof of my “gross annual Salary” & 5 pay slips from my new job? Is that right?

Please let me know if my question did not made much sense & I will try to word it differently.
Thanks

[srsg]

http://www.ilpa.org.uk/data/resources/1 ... sponse.pdf

worth checking out.

[Greenie]

http://www.ilpa.org.uk/data/resources/1 ... sponse.pdf

worth checking out.

this is a bit old - it's their response to the consultation.

[saminkhan]

On page 70 under transitional arrangements, the document says:

Before 9 July 2012 you applied for leave under the rules in force prior to that date and were refused leave. You do not appeal or your appeal is not allowed.

You do not qualify for a grant of leave under the immigration rules.
You cannot apply for discretionary leave outside the immigration rules on Article 8 grounds from 9 July.
You can apply under the new immigration rules

I am planning to apply in country before 9 July for my parents who are on visit visa but there is change in their circumstances. Does it mean that if application goes to appeal stage, I cant bring article 8 argument alongwith responses to any reasons for rejection?

Your comments will be highly appreciated.

Thanks

[Greenie]

On page 70 under transitional arrangements, the document says:

Before 9 July 2012 you applied for leave under the rules in force prior to that date and were refused leave. You do not appeal or your appeal is not allowed.You do not qualify for a grant of leave under the immigration rules.
You cannot apply for discretionary leave outside the immigration rules on Article 8 grounds from 9 July.
You can apply under the new immigration rules

I am planning to apply in country before 9 July for my parents who are on visit visa but there is change in their circumstances. Does it mean that if application goes to appeal stage, I cant bring article 8 argument alongwith responses to any reasons for rejection?

Your comments will be highly appreciated.

Thanks

No - it means that if you applied before 9 July, were refused and either did not appeal or appealed and your appeal was dismissed, you cannot now apply for discretionary leave outside the rules after 9 July.

Read the scenario below the one you have quoted.

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

.

[geriatrix]

Statement of changes has been published.


Statement of changes in Immigration rules HC 194

[Greenie]

please take the time to read the previous question and reply.

[crb]

Hey guys, I have a question & here's hoping someone can answer that. While going through the whole document I came across this paragraph:

"Category B: salaried employment for less than the last six months

144. Where the sponsor and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for less than the last six months, the applicant can count the gross annual salary at the point of application towards the financial requirement."

I am getting married in November this year. We are planning to apply for her Spouse Visa at start of December. I have just got a new job which I will start on 1st of July. I assumed that for financial requirements (which requires 6 months payslips) I would provide 5 pay slips (July – November) from my new job & 1 pay slip (June) from my existing job. After reading this I assume they won’t accept that but I will just have to give them the proof of my “gross annual Salary” & 5 pay slips from my new job? Is that right?

Please let me know if my question did not made much sense & I will try to word it differently.
Thanks

page 53 has some examples.....http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf