The £18,600.00 minimum income immigration rule might be illegal

It is my belief that mainstream media haven't covered this in such a way is because in their minds it all comes under the general heading of undifferentiated immigration. They really won't see that our Filipina wives are any different to any other immigrant from outside the EU. Which is the way I believe the general public will see it too.

It has already happened.

Don't forget that Member States are not legally required to change their implementation on the basis of opinions of the European Commission. They are only legally required to comply if they are referred to the ECJ and the ECJ rules against them.

As it stands right now it's possible that UKBA may continue to refuse entry without a Family Permit entry visa.
Or indeed refuse an application for FP

Without that FP, the best advice is to be well armed with full documentation / certification and to only travel together with the EU spouse/partner

Yes. Something I notice that happens soooooo often.

Yes it is and I am in that situation. I'm told that if I want to bring my wife and our son to the UK, I must show earnings in the UK for at least the last six months at an annual rate of minimally £22,400. Problem is that I've been living in the Philippines for the last five years and don't have an employer in the UK; and at 62, the chances of finding one are remote. If we want to settle in the UK and provide a brighter future for our son, I have to consider alternatives such as that chosen by Keith, the EEA route.

If, for example, we up sticks and move to Portugal, under the current rules I have to have some form of employment but that does not need to be full-time; I merely need to demonstrate that I am earning money whilst living there. And that's not to satisfy the Portuguese government, but rather the UK's Border Agency.

But that option may be closed in order to further reduce non-EU migration. The best estimate I can find is that migration will be reduced by no more than 8% by virtue of the current rules and if Mrs May feels pressured to further reduce immigration, then closing the EEA route may be her next move.

These new rules affect those of us with addresses in Wales to a far greater degree than elsewhere in the UK: I believe the estimated percentage of the Welsh population who would not qualify is 48% whilst for England it's somewhat lower.

And this from a government that professes to be "pro-family life". I hope that Cameron and May get cast into the political wilderness at the next election - and that's from someone who has supported the Conservative Party all his life.

That appears to be incorrect.

The immigration rules for Financial Requirement state differently:-

I have personally been involved in cases where children born abroad who are British Citizens have not needed to either apply for a visa or comply with the Financial Requirement.

Are you able to secure a job outside the UK and travel to the UK from the Philippines and then be resident within the UK? Commuting outside of the UK for work at least temporarily.

As far as I know, one doesn't need to be employed in the UK to be resident in the UK.

A friend of ours is in that position. He moved back to the UK from the Philippines and his wife applied for a fiancee visa once he had arrived. His job was / is overseas.

Just a thought.

Mark,
Not sure if this will be of any help but you do not need UK earnings.

As it stands right now, you could apply under Category A
To comply with the Financial Requirement you would need to meet two requirements:-

1 You must be in salaried employment at the point of application and have been with the same employer for at least 6 months and earning the salary level required for at least the last 6 months.
This can be combined with other allowable income sources.

2 Additional to the above you must have confirmed salaried employment in the UK (starting within 3 months of your return).
This must have an annual starting salary sufficient to meet the financial requirement either alone, or in combination with any other allowable income sources.

Still a tricky one I admit, but oftentimes can be met.

If that doesn't fit then the alternative would be to return to UK and secure employment at that required level of salary and submit 6 months payslips.
I know quite a few folks doing this. Most now reaching 5 or 6 months payslips and ready to go.

Of course the EEA route would be the cheapest option, but you'd need to understand the various twists and turns in different EU countries. If language is an issue choose those places where English is widely spoken.

To enter UK with a Family Permit you would need to prove employment or self-employment (or self-sufficiency) within the EU state you lived in.

There have been cases recently where 4 months in an EU country has been accepted by UKBA for FP

Considering that £18,600 is around PhP 1.21 million, I'd fail at that hurdle. I do know expats who are earning respectable salaries here but not one of them could meet that target.

That's good advice, thank you! The EEA route looks more attractive to us as we'd be able to move as a family and not have the torment of a long-distance marriage. My son is growing up fast and I really don't want to miss those precious "firsts"; they can never be replaced.

Mark - If your child is British, you simply have to show £18,600 for your spouse as Micawber pointed out and through the method pointed out by Micawber.

Question for Micawber and other of course - Do you think Theresa May will clamp down in the EEA route for British Citizens (Surrinder Singh Policy). I think someone rightly pointed out there is so much uncertainty surrounding this route. I read somewhere that Theresa May will try to clamp down on the Surrinder Singh Policy, in what manner I cannot possibly conceive but it is a tough one to advise and recommend on, such a sacrifice to make just to enter the UK.

PS - I think under the Surrinder Singh case the british citizen was in employment in an EEA country for 6 months, 6 months seemingly being the best bet to follow although there is no clarity on this.

My solicitor does not undertake immigration work but a colleague in her Firm does and, apparently, some immigration lawyers do believe this to be a real possibility. I don't know how many Family Permits are issued on an annual basis but if it's substantial - and rising due to couples who wouldn't qualify for spousal visas under the new rules adopting this route - then I'm dammed sure Mrs May will try to stop it.

As you mentioned it, I looked-up the Surrinder Singh case and found a summary of the ECJ ruling on the LSE web site. She and her husband had been living and working in Germany for three years prior to her returning with him to the UK where he was granted one, rather than five, year's stay.
.

Yes, that's positive.
No sense in waiting for a change in the UK immigration policy that may not come......

Without a doubt Mark it definitely is an option which can be used to get around the £18,600 requirement, no qualms there, but it could take the best part of a year to establish, and the more people that clock on to this little rule and utilize it the more I feel Theresa May will be damned to stop it. I just would not want someone to make those sacrifices and find at the end the rules have changed, i suppose those were my concerns. It's a tough decision to make.

Because it is an ECJ ruling there ought to be less scope to clamp down on this policy, that is the positive aspect that we can grasp on!