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Changes to the family migration Immigration Rules come into effect on 9 July 2012

Discussion in 'UK Visa and Immigration Help' started by Micawber, Jul 9, 2012.

  1. Micawber
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    Micawber Renowned Lifetime Member

    09 July 2012

    A number of changes to the Immigration Rules come into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.

    These changes will define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.

    If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.

    The changes include:

    introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;

    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;

    extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;

    abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;

    from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; and

    allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor.

    The changes to the Immigration Rules were announced by the Government on 11 June 2012 and they form part of the Government's programme of reform of the immigration routes. The changes are being introduced following wide consultation and expert advice from the Migration Advisory Committee.

    A more detailed summary of the changes can be found in the UK Border Agency news story published on 13 June 2012.

    Source:-
    http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/15-family-mig
  2. Kuya
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    Kuya The Geeky One Staff Member

    I guess we will see how long these rules last?
  3. RB2004
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    RB2004 Member


    Hopefully not long..

    In fact if the conflict between lib dems and Tories continues could be sooner than expected.

    Lib dems already got their way with the AV vote, now they are pushing for house of lords reform... Which is threatening to split the coalition.

    And conservatives still have too much time left until next election to go it alone so its likely to need another vote.. And if that happens no question labour will be back in, and "presently" they seem to be taking a dislike to these rules, lol and to be fair it was under labour immigration become a problem so it's likely they would relax it again or come up wih a better method.

    I might be alone but I quite liked their idea of a refundable bond.. You borrow or come up with money for a bond.. This acts as guarantee u won't claim benefits and if you do it comes out the bond.. If you behave then you get the bond refunded.. A lot fairer in my oppinion.

    As its easy to impose high income thresholds and use that as an excuse for preventing abuse of benefits.. But it doesn't take into consideration that some people might not even be inclined to claim benefits like myself.. Im quite proud and would rather struggle and try my hardest to earn a living than sit around living on handouts.
  4. aposhark
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    aposhark Well-Known Member Lifetime Member

    I can't see Labour getting back in because of the state they left the economy in.
    They seemed to let the benefit system get out of control, at least the coalition are clamping down on many scroungers.
    I still think that most working people can earn £18,600 which is £357 a week.
    I rememember that £18,000 was a good salary 20 years ago.
    The problem would be when the husband brings his wife here and children are in the equation. The family would struggle whilst the mother looks after the kids.
    Things only get easier when the wife/mother can get a part time job when the kids go to school.
    If the wife doesn't have children she can work quite quickly in the UK when she arrives here, so their joint income should easily cover costs.
    Last edited: Jul 11, 2012
  5. Kuya
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    Kuya The Geeky One Staff Member

    Immigration has never been a problem, people just see it as such!

    The problem is economics and immigrants get blamed for far too much from the right wing press. They didn't like the Asian and Black people coming here to take up jobs when there was a boom, and they still hate immigrants who come here.

    My ancestors were Celts, they came to these isles from Spain, then we had Nordic and Germanic tribes coming over.... Immigration is part and parcel of Great Britain!

    The coalition are not clamping down on scroungers at all, in fact they are encouriging it. Bankers are the biggest scroungers in the world - taking bailout money and then demanding that they keep their bonuses and not get hit with more red tape to try and stop further bailouts. So far, this Government has refused to reform the banks in this country due to their donors having interests in banking reforms not happening..

    Not to mention how nothing they have done has stimulated the economy one bit, increasing unemployment and thus the burden on the state. Even Gideon has had to back track on most of his budget, the NHS is being privatised on the sly and Theresa May wants to divide this country between the have's and the have not's.

    Though I don't think Ed Milliband is ideal as a Prime Minister, and I still have a few issues with some in the shadow cabinet I really cannot see this Government getting in past the next election.
  6. RB2004
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    RB2004 Member

    I'm normally pro conservatives but have to say.. They will nOt get in again any time soon...

    The general pattern is people tend to forget the past and only remember the present, conservatives got voted in because people was fed up with the state labour left the economy in, but since then conservatives have caused heavy job losses, major cuts, defence cuts, pension cuts, things like this immigration ruling...

    So come election time people aren't going to be remembering or thinking of what labour did, they will be thinking.. Conservatives lost me my job, they cut my pension, they stopped me from getting my foreign partner.. Etc

    As the past has proved normally the process is. Labour get in when people are fed up with conservative cuts, and conservatives get in when the country is in financial ruins.
    Last edited: Jul 12, 2012

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