Changes to spouse visa requirements being announced next week - Page 3

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Changes to spouse visa requirements being announced next week - Page 3


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  #21 (permalink)  
Old 9th June 2012, 01:43 AM
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No. MPs have been briefed about proposed changes a few days ago.
Right thanks, so the MPs informed the Joint Council for the Welfare of Immigrants and they then wrote that article. I was trying to see a date on the article but there wasnt one.

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Old 9th June 2012, 01:47 AM
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I'm still confused. I'm waiting on the last of the papers that I need to come in the mail from my husband.
If I submit the application online and pay, say, tomorrow, will they judge it on the current rules when they receive my packet?
There's no point in me applying if they'll judge on the new rules.

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Old 9th June 2012, 01:51 AM
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casjoe, thats the thing. An application is usually decided according to the rules in place on the date the application was made .

It depends on what the particular Statement of Changes in Immigration Rules says (UK Border Agency | Statements of changes in Immigration Rules).
Such as

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“The changes in paragraphs 5, 11 and 13 set out in this Statement shall take effect on 14 June 2012. However, if an applicant has made an application for entry clearance or leave before 14 June 2012 and the application has not been decided before that date, it will be decided in accordance with the rules in force on 13 June 2012.”
Occasionally (usually for legal reasons) it is necessary to bring rules into force for all applications at the same time. If a particular Statement of Changes does not contain a paragraph like the one above, then applications are decided according to the rules in place on the date the ECO decides the application even if the application and payment were made earlier. This is quite rare though.

What you need to pray for is that there is a transitional arrangement rather than it being retrospective.

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Old 9th June 2012, 02:01 AM
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Casjoe, The date of overseas applications is always the date the payment is made. This is specified in the Immigration Rules and there is no leeway on it.

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Old 9th June 2012, 02:06 AM
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Or what the government can do is to put a moratorium on all new applications from the day of announcement until new rules come into effect. This will stop people trying to beat the clock and will catch as many as possible into the net.

While changes in immigration rules can just be announced (or 'laid before the parliament') without debate or vote, some proposals require a change in law and will have to go through proper parliamentary procedure, and they can be open to amendment. If the coalition support can be obtained, it's likely that the proposals will be passed given the government's majority in the house.

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Old 9th June 2012, 02:09 AM
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Quote:
some proposals require a change in law
In respect with these new rules, which part of them would require a change in the law?

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Old 9th June 2012, 02:14 AM
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Restriction on UK courts to reverse or interfere with immigration decisions, for example. Minimum maintenance requirement, extension of probationary period and what is admissible as part of sponsor's and migrant's financial resources do not, I'd have thought.

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Old 9th June 2012, 02:22 AM
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Minimum maintenance requirement, extension of probationary period and what is admissible as part of sponsor's and migrant's financial resources do not, I'd have thought.
No I don't think they require a change in the law to make changes to those.

At present from what I can see the there have been no robust changes to Restrict UK courts to reverse or interfere with immigration decisions.

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Old 9th June 2012, 02:26 AM
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Originally Posted by nyclon View Post
This is the probationary period that economic migrants (who contribute to the economy pretty much as soon as they get off the plane) must meet to be eligible for ILR. While I sympathize with family migrants, I'm much more horrified at the short sightedness of limiting the number of the "best and brightest", those with exceptional talent, who can be recruited from outside of the EU to come to the UK help stimulate the economy. Additionally, while the UK has some great institutions of higher learning, they're making it extremely unattractive for international students by making it very difficult for them to gain international work experience after obtaining a degree. Higher learning institutions are going to to lose a lot of lucrative international student fees to countries that are much more accommodating.



You have conveniently left out those on spouse visas whose relationships have broken down but who are skirting the rules by not informing the Home Office and trying to stay.

There is a bigger picture and there are problems in every immigration category and that includes family migration.
I had "sham marriages" written in but for some reason deleted it while I was editing my post.

I am in total agreement with you and everyone else trying to do this legitamately that the sham-ers and everyone else who tries to stay after the breakdown of the marriage should be sent back as well. In fact, I think this should be standard of practice for anyone in ANY country who tries to do this sort of thing.

I am also of the opinion that regardless of the country, after you get ILR (or similar permanent residence type status), if one commits a criminal offense, they should have the ILR permanently revoked and be deported back to their home country, regardless of whether or not one has established a family in the UK. ILR is a privilege and not a right and if one can't fly right and obey the law, then they should be removed and banned from entering the country again.

In any event, the penny appears to be dropping and there is still not much we can do about it until next week. (and yes, I am still going to cross my eyes and fingers and hope that the probation period stays at 2 years for fiancÚ(e) and spousal visa holders).

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Old 9th June 2012, 02:32 AM
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Originally Posted by newlight1 View Post
No I don't think they require a change in the law to make changes to those.

At present from what I can see the there have been no robust changes to Restrict UK courts to reverse or interfere with immigration decisions.
The government wants to restrict an appeal to human rights legislation to stop a family being split up to the most exceptional and compassionate cases. At the moment, many failed aylum seekers and those served with deportation order prolong their stay by claiming right to family life, which makes nonsense of the ability of the government to control immigration and deport offenders and undesirables, like Abu Qatada.

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