Changes to UK immigration for non European nationals
Changes to immigration rules in the UK for people from outside the European Economic Area will take effect next month.
They affect those applying to enter or remain in the UK on the family migration route and define the basis on which a person can enter or remain in the country on the basis of their family or private life.Most of these changes will start on 09 July 2012 and are part of the UK government’s programme of reform of the immigration routes and follow wide consultation and expert advice from the Migration Advisory Committee.
There will be a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored at £22,400 for one child and an additional £2,400 for each further child.
In casework guidance there will be a list of factors associated with genuine and non-genuine relationships to help UK Border Agency caseworkers to focus on these issues and the minimum probationary period for settlement for non-EEA spouses and partners will be extended from two years to five years.
There will also be tests to check on the genuineness of the relationship and immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years will be abandoned.
From October 2013 all applicant will be required 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.
The changes also mean that adult and elderly dependants can 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 they will be required to apply from overseas rather than switch in the UK from another category, for example as a visitor.
Family visit visa appeals will be restricted, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, removing the full right of appeal against refusal of a family visit visa.
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What about the situation where a British citizen earning nearly a six figure salary has a parent living overseas,,,emotionally and financially dependent on their child, but not bedridden. The proposed rules due to come into effect in July mean that this parent can only come to the UK to join their BRITISH child if they can’t even get dressed on their own AND if the financial support from thir BRITISH child combined with the public health system in their home country would not provide them with the required level of care. (indeed, despite the parents health required to be super bad, the applicant must be made from overseas…) So this excludes pretty much anyone. I challenge the Tories to give three..heck, make that one, example, where an adult dependant would qualify to join their BRITISH sponsor..and where the adult dependant is then in a decent enough condition health wise to take a long flight to reach here. At least to get your spouse here you have a clear monetary goal..to get your elderly parents here, you just have to wait for them to be be incapacitated, yet contradictorily capable of taking the long flight to reach here; you also need to have enough funds to pay for their care in the UK without recourse to public funds, but then yet again contradictorily, if this money combined with the public health system in their home country can provide them with reasonable care in their home country, they can’t get in. Oh but the Tories aren’t racist or elitist, really. No, really.
On reaching a certain age, If the parents don't have any other child in their home country, they should be allowed to join their child in UK. Parent child co-habitance is a basic human requirement.
What else do the Tories think? This law is unfair.
Agreed! To have closed off all routes for as you say parent child cohabitance is ridiculous! It would make sense for the age to be linked to the state pension age..not sure what the issue is and why the Tories have closed off this route.
Yes that's really weird. Given the number of parents a person has is limited to two, this isn't going to lead to a stupidly high increase in number of immigrants. All other major countries like Australia, Canada, USA allow foreign parents of citizens to come live there, subject to the sponsor having an income that is more than minimum wage,regardless of the parents age and health.
It's so bizarre that Tories have made it impossible that it cannot even be legal. And how can we be so out of line with other major developed Christian countries? I'm ashamed at this blatant disregard for the right to family life, even for someone who is paying their taxes!
Write to your local MP about this as this should not be allowed and lets reverse it before someone takes this to ECJ costing taxpayers even more money..because the govt will lose!
If you are a wealthy criminal (as many criminals are, of course) then you can easily enter the UK (as we give preference to wealth) … and you can set up a business and employ your criminal friends …. by paying them £150,000 a year salary they will have a Visa approved! So, how long before most of our immigrants are criminals, whilst the good immigrants (nurses, carers, spouses) are excluded?
The Tories are messing up our immigration system …. we will still have millions of foreign workers (from Europe), asylum seekers, criminal gangs …. but will lose those we really need (nurses, carers) … and also lose hundreds of thousands of students at a loss to the UK economy of £6 BILLION.
It is very similar to what they do in Australia and it doesn't make any sense!