£25,700 Maintenance Requirement from June 2012 according to Leaked Cabinet Letter

[AnAmericanInScotland]

Originally Posted by manny.j

Stressful time for all of us in the same situation.

One thing that was not clear to me was if, for example, the rules are proposed to change in June 2012 but if the announcement is made about what changes are to be implemented, say for example in April 2012 does this imply that anyone applying in May 2012 will be treated with current rules OR rules that are to be implemented from June 2012....I know I sound confusing but I get concerned if they publish the changes in prior months but also start applying those rules at the same time.

My wife has KOL endorsement on the visa hence giving her flexibility of applying for ILR as soon as she passes LITUK test when we are in the UK.

We lost nearly $2000 because we already bought our tickets and for personal reasons we decided to stay till Aug and hence cancelled our travel plans because we found out that Settlement rules are not changing for family visa in April and most likely in Oct 2012...but now we find out that they may change in June...for crying out loud...don't these Govt people realize how to be professional We are now considering buying another ticket but we much rather stay here till August 2012 but tired of the lengthy delays and unsurety of what these rules are.

Do you have your visa? If you do, you may want to get the move done asap because a delay will cause you problems regarding the probationary period.

If you don't have your visa, but meet the criteria both now and the proposed, you might want to go ahead and apply-get 'er done, and get the move in now.

From what I understand, the rules that govern visas are the ones in effect at the time of the application. But I also understand there is precedence for modification-there is some thought that those of us on the probie visa may not be able to apply for the ILR until we've been here five years instead of the two years we came in on, and that we will have to apply for extensions-it probably won't be done automatically.

and they'll prolly charge us to apply for the extension, too. Dangit.

[Joppa]

Originally Posted by manny.j

Stressful time for all of us in the same situation.

One thing that was not clear to me was if, for example, the rules are proposed to change in June 2012 but if the announcement is made about what changes are to be implemented, say for example in April 2012 does this imply that anyone applying in May 2012 will be treated with current rules OR rules that are to be implemented from June 2012....I know I sound confusing but I get concerned if they publish the changes in prior months but also start applying those rules at the same time.

My wife has KOL endorsement on the visa hence giving her flexibility of applying for ILR as soon as she passes LITUK test when we are in the UK.

We lost nearly $2000 because we already bought our tickets and for personal reasons we decided to stay till Aug and hence cancelled our travel plans because we found out that Settlement rules are not changing for family visa in April and most likely in Oct 2012...but now we find out that they may change in June...for crying out loud...don't these Govt people realize how to be professional We are now considering buying another ticket but we much rather stay here till August 2012 but tired of the lengthy delays and unsurety of what these rules are.

You should be ok in May. What we don't know is the effect the changes will have on those who are applying for settlement from June on. This includes those who already have spouse visa and those coming to the end of probationary period. We'll just have to wait and see.

[manny.j]

AnAmericanInScotland: My wife already has a visa and, under current rules, does not have to worry about probationary period as she has KOL endorsement on her passport which allows her to apply for ILR as soon as she passes LITUK test.

Joppa: I kind of felt that we should be fine for May but we really are/ were hoping to return back in August because of some family obligations here...but now the unsurety of when or what rules will be changed and who it will affect is making us wonder if its even 'safe' to stay here and wait for the announcement. I guess we probably may wait till mid-April and then go ahead with buying the tickets if we don't hear anything from the Govt.

Thank you both for replying to my comment.

[pedalmonkey]

@BailyBanksBiddle
"There's also the frustration many might feel over being caught up and grouped with fraudsters who commit sham marriages and the like, as well as generally being made to feel judged and in the worst cases, unwanted. It's pretty tough luck and maybe bad timing eh? "

Summed it up perfectly.

[Happygrl37]

I just got my visa in hand today, so if the new rules go through and the probationary period goes from 27 months to 5 yrs, will that include mine even though on my visa the expiration date is 27 months from now? Or I wonder if that will only be for people who get their visas approved after June.

[manny.j]

Originally Posted by Happygrl37

I just got my visa in hand today, so if the new rules go through and the probationary period goes from 27 months to 5 yrs, will that include mine even though on my visa the expiration date is 27 months from now? Or I wonder if that will only be for people who get their visas approved after June.

That is a good question and one I guess no one knows the answer for until the rules are officially released by the UK Govt. Its possible that UK Govt may allow no changes to visas that are already been issued and the rules are only applicable to new applicants. But, as Joppa has mentioned on many occasions, they can do anything so we just have to wait and see

[Happygrl37]

Yeah. I keep saying i'm not gonna worry, but I still do lol I'm just happy to have my visa so I will try again not to worry about the rest

[casjoe]

Will the new income requirements become part of the ILR application? Like, say I can get my application in and approved before the new requirements come into effect in June. I'd be able to stay for 27 months (or would it be 5 years?), but when I apply for ILR, are we going to need to show an income that meets the new requirements or else I'll be sent back?

And because my two children are UK citizens and are not part of my visa application though they will be traveling with me to the UK, will we need 25K or 49K?

[Joppa]

Originally Posted by casjoe

Will the new income requirements become part of the ILR application? Like, say I can get my application in and approved before the new requirements come into effect in June. I'd be able to stay for 27 months (or would it be 5 years?), but when I apply for ILR, are we going to need to show an income that meets the new requirements or else I'll be sent back?

And because my two children are UK citizens and are not part of my visa application though they will be traveling with me to the UK, will we need 25K or 49K?

We are in the realm of speculation, but it's quite possible for you to be 'caught' by the new rules at some stage in the future, when you come to change your leave, for example. Sometimes the UKBA makes a transitional arrangement for those who qualified under the old rules, but with regard to family migration, they tend not to. While they only split a family as a last resort, they can refuse ILR and only allow you an extension.

As for your children, regardless of nationality, you will need a household income equal to a family with two children, i.e. £49k if the new rules apply to you. This is how I understand it, because this is what happens under present rules, though the amount is significantly lower.

[manny.j]

Originally Posted by Joppa

We are in the realm of speculation, but it's quite possible for you to be 'caught' by the new rules at some stage in the future, when you come to change your leave, for example. Sometimes the UKBA makes a transitional arrangement for those who qualified under the old rules, but with regard to family migration, they tend not to. While they only split a family as a last resort, they can refuse ILR and only allow you an extension.

As for your children, regardless of nationality, you will need a household income equal to a family with two children, i.e. £49k if the new rules apply to you. This is how I understand it, because this is what happens under present rules, though the amount is significantly lower.

Joppa can you speculate if they do allow savings to be taken into account where either the UK spouse is unemployed OR joining the foreign spouse from abroad to the UK, what sort of savings range would sound acceptable? I can only assume no other long-term visa category involves savings as an option for visa consideration.