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Theresa May states £18600 Income Threshold

Discussion in 'UK Visa and Immigration Help' started by Micawber, Jun 10, 2012.

  1. Kuya
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    Kuya The Geeky One Staff Member

    The argument is always down to immigrants getting the most out of our benefits system and if you read the Daily Mail all of the time you might think that people travel through Europe just to come to the UK.. Which, might be true for some, but we are 3rd in the league of European countries attracting the most immigrants (behind Germany and France).

    You see, the Government don't need to control immigration like this, all they need to do is limit the benefits system and people who come to the UK will work and if they cannot work then they will head somewhere else or start up a business! The free market in this case would sort out immigration..

    I can support my wife and when she comes here and finds work, we will be able to support each other as a family unit as well as any future additions. I don't want to claim benefits and neither does my wife! I would guess this is true of 99% of immigrants as well, so I fail to see how this rule does anything other than discriminate.

    Though, like I said earlier.. I will pass this £18,600 a year "test", for me it is now a none issue - personally. But for someone who earns £15k a year, does not need benefits and has never had them and has about £120 spare each week, I cannot see why that person should have to give up their job and security to take up the EEA route..

    £18k is only reasonable if you can afford it!
  2. aposhark
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    aposhark Well-Known Member Lifetime Member

    When I was trying to bring my wife here, I did not think too much about party politics, I just worked all the hours I could.
    I didn't think too much about the system and the problems we had to face, I just got on with earning more and proving to the eco that I could provide for her.
    If I was under the threshold, I would find other work and perhaps get another job.
    Work is out there if it is required. There are agencies everywhere offering work if there are willing people.
    The country is full of Polish people who work without moaning, we have become too soft in this country, that is why many English have been replaced by Eastern Europeans.
    Ask any agency boss who they prefer using........

    I just don't get all the moaning, it will not help people to bring their wives here.
    More work equals more money so if the problem for people is money, crack on and do something about it.
    A second job or anything it takes to get it sorted, people make excuses for their lack of drive and initiative.
    Last edited: Jun 16, 2012
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  3. Micawber
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    Micawber Renowned Lifetime Member

    Well said. :like:
    I totally agree.
  4. Kuya
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    Kuya The Geeky One Staff Member

    It is not as simple as working some more! There are laws dictating how many hours you can work without breaks and time off work. If you are an unskilled worker it is very difficult to earn past this threshold. At £6.08 per hour, the national minimum wage would never support someone to sponsor a spouse, they would need to work 59 hours per week. This would involve getting written permission from both employers to allow a person to excede the 48 hour working week.

    And some companies (including the one I work for) won't do that.

    I'm not saying we should have an open door policy, or that we should allow benefits for every immigrant who arrives. What I am saying though is that the rules should be set so that they don't discriminate against anyone regardless of whether or not they are on £15k or £50k.

    And here is the kicker. If it had been set at a rate I could not afford and had to opt for the EEA route. I might then end up on benefits upon my return to the UK - and get them as well!! And given this recession, I wonder how many people who cannot reach the £18,600 mark take off to Europe for 6 months, only to return to a life without work?

    See how ill thought out these proposals are! If you love someone, you will do anything to be with them.
  5. Micawber
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    Micawber Renowned Lifetime Member

    When we first arrived in UK way back in 2002 I found myself unemployed for quite some months. Very challenging times.
    I eventually found a position in the civil service. That starting salary was not good.
    I took on a part time job early morning at a local bakery. That took my hours to 47 per week.
    I then took on another part time job with my local Sainsbury supermarket (on the Beers, Wines & Spirits section :like:) which took my hours up to 59 per week. I remember that each time I took on another job I needed to inform the Civil Service Dept I worked for to secure permission. They were quite particular about the type of work you could do. Also once I passed 48 hours per week I had to sign a working hours "waiver". In addition to that I had a monthly meeting with my manager specifically to determine if my extra hours had affected my performance or my health. But it was possible.
    I did those hours for 3 years before being offered a promotion and package that meant I could drop some hours.

    Those hours at minimum wage would just about scrape me home now at £18600
    I don't know just how many employers would actually prevent that number of hours or that number of jobs. Well for me I enjoyed the work (to a point) but I got very tired.
    I'd like to think if I was single I could still work those hours and maybe more. No "home relationship" to nurture.

    I hadn't considered that some employers might prevent it nor how widepsread that might be . That's an important point.

    Also these new rules do not benefit those who live with parents etc as the income level still needs to be met regardless of gross income

    Hmm interesting
    Last edited: Jun 16, 2012
  6. aposhark
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    aposhark Well-Known Member Lifetime Member

    You have to figure it out for yourself, mate.
    The bottom line is that it is only you who can do what you want to do, the rest is not really important.
  7. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    The current minimum income requirements (Income Support level) are not discriminatory as a whole. But setting the limit at £18,600/year is certainly discriminatory for UK nationals at minimum wage levels (or substantially above in some cases) who have lived in the UK all their lives; they will simply be barred from bringing their non-EU wives/children to the UK.

    EU nationals will still be free to bring their non-EU partner/spouse/children to the UK, without regard to any income limit and claim public funds upon landing on these shores. Even EU Nationals (except UK nationals) who are already residing in the UK can continue bring their partner/spouse/children to the UK without meeting any income requirements.

    Much mention has been made that the new income rules would be a breach of article 8. Surely, we should also be looking at article 12 (right to marry and establish a family) and article 14 (prohibition of discrimination) These new income limits are only targeted at UK nationals with non EU families and, in my book, that is discrimination.
  8. Kuya
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    Kuya The Geeky One Staff Member

    No doubt a lot of employers will be happy to see people work more than one job, though there are some who do not like it.

    Before the official announcement I was looking into what I would do if it had been announced as £25k and asked a few people in work about getting another job in my days off. I was informed by a couple of people in positions higher than myself that they don't like it when people work for another company on their days off, though part time on the same days is acceptable. And they would not allow anything over the 48 hour week.

    So, at the time I seriously took the EEA route as how I would go if this Government went to the extreme.

    Now, I am more relaxed as I have checked my last two years P60's and on both I pass the £18,600 so I don't need another job. Had the threshold been set at about £22k then I would have taken on another job that would have taken my salary over that limit, but for many it is not that simple.

    And as Howerd points out, the difference between how a British citizen is treated in this country to how an EEA migrant is shocking. The rules should really be set on an equal playing field (yes I know we can travel to Spain and get the same treatment).

    These rule changes are not about reducing the tax burden, they are about reducing immigration despite the fact that the Government can't do a thing about it considering that unlimited amounts of fellow EU citizens could up-sticks and move here if they wished to. They are just picking a fight to satisfy the Daily Mail readers and UKIP voters who once voted Tory..
  9. RB2004
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    RB2004 Member

    Looks like I might be one of the first to probably challenge this in court.

    Posted an appeal via our barrister back in june/july time had the notification from the courts that the ukba have until January, to prepare their case for declining it or overturn their descision.

    But coming up to 4 months now into that timeframe.. And no sign of descision getting overruled yet so this might end up as a court appeal.

    So we are going to fight them on that because if it gets declined again and have to reapply its going to be harder under new rules.

    Also going to try emailing that labour mp mentioned has anybody had a reply from him? Also I heard sometimes ed miliband replies to emails?

    Traditionally I've been a Tories voter, haven't particularly liked labour.. But after the way they have screwed people like us over I probably won't be voting at all next time now.
  10. Kuya
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    Kuya The Geeky One Staff Member

    Well, good luck. And have a read of this interesting article we all missed back in July! So top judges have said that Theresa May's massive change to the rules without a debate or a vote in Parliament might just be illegal. Perhaps a good way to challenge these rules.
  11. Micawber
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    Micawber Renowned Lifetime Member

    The detail of that article was reported here in the forum along with the very fast response of the Home Office

    Look here

    and here
    Last edited: Oct 5, 2012
  12. Micawber
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    Micawber Renowned Lifetime Member

    Did you get a refusal for a visa application submitted under the 'new rules' (implemented for all applications on and after July 9th) or the 'old rules ' ?

    What was the reason for refusal? Financial/Income?
    Last edited: Oct 5, 2012
  13. Micawber
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    Micawber Renowned Lifetime Member

    Your Fiance(e) Visa application was submitted and considered under the 'old rules'

    Your refusal was not about income thresholds but based upon the ECO not being convinced of any evidence that there was an intention to marry in UK.
    Additionally the ECO was not convinced there was adequate accommodation.

    It's not clear on the 'primary' reason

    For what it's worth (doubt it can help much right now) and imho I think your Immigration Barrister has some questions to answer in this.
    Last edited: Oct 5, 2012

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