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Discussion Starter · #1 ·
Sunday Telegraph reports that a leaked letter from Home Secretary, Theresa May, to Deputy Prime Minister Nick Clegg says the coalition government intends to introduce new rules on family migration from June this year. The letter says the minimum maintenance requirement for a spouse or partner will be £25,700 a year before tax, and up to £62.600 for those with three children. Probationary period will be extended from 2 to 5 years, English requirement will be strengthened, and a higher burden of proof for genuine relationship will be demanded. It says nothing about ban on external sponsorship or if any savings are to be considered along with UK sponsor's income.

So it looks as though the government is pressing ahead with tightening the family migration route. Implementation from June is later than originally expected, which was April, but much earlier than October or 2013 some were expecting. The main proposals are broadly in line with the recommendations of the Migration Advisory Committee (MAC) published last November. We still wait to see if outside sponsorship or savings will be allowed.

Sunday Telegraph says that renewed tension between coalition partners over these proposals is expected, as the Liberal Democrats favour lower maintenance requirements and amnesty for all illegal immigrants currently in UK.

We just have to wait for official announcement, which can't be very far away, maybe in April or May.

Ministers plan major immigration crackdown - Telegraph
 

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The article doesn't say if this will apply to those of us waiting now on the probationary 27 month settlement visa. (Gulp!)

For example, I'm set to apply for the ILR in May 2013; if the proposed changes go through will they make it clear if this applies to people like me?

Crikes, I was just starting to relax!
 

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The article doesn't say if this will apply to those of us waiting now on the probationary 27 month settlement visa. (Gulp!)

For example, I'm set to apply for the ILR in May 2013; if the proposed changes go through will they make it clear if this applies to people like me?

Crikes, I was just starting to relax!

Undoubtedly, it does not apply on you as above mentioned circumstances. But you can expect anything from rapid changing Immigration Laws of UK.

Best of Luck
 

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The article doesn't say if this will apply to those of us waiting now on the probationary 27 month settlement visa. (Gulp!)

For example, I'm set to apply for the ILR in May 2013; if the proposed changes go through will they make it clear if this applies to people like me?

Crikes, I was just starting to relax!
No, it's not clear. On the one hand, it may apply only to those who are beginning the process afresh--seeking to bring someone to the UK from outside of the EEC starting from June.

However, the government could make some rules retrospective, like extending the probationary period from 2-5 years which will catch about 80,000 mid-stream. This will also bring in more money for the government for those applying for an extension of their FLR for another two years, bringing it in line with certain Tier 2 employment visas. In more drastic circumstances, it might weed out those who are already in the UK on an FLR but who may not be able to meet the new rules for whatever reason (subsequent unemployment of the sponsor, low savings, the government not counting savings or household income, whichever).

So we'll have to wait and see, and unfortunately many will be feel as though they're treading on eggshells in the meanwhile. :ranger:

What else is new?
 

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Well, Joppa, once again you were right.
When my Spousal Visa was issued as a CP and not the KOL I should have asked to have it appealed but due to a time constraint I didn't have the time to wait for the appeal process and thought it best to just move forward and it wouldn't make much of a difference.
I stand corrected. So now I am going to see if I can appeal it from this end. (UK)
Also, when applying for jobs here and they ask if there are any restrictions on my Visa, I have to mention the 27 months before I can apply for the ILR.

Now have to figure out how to go about doing that... blah.

I am with you, AAiS... I have yet to exhale.
 

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No, it's not clear. On the one hand, it may apply only to those who are beginning the process afresh--seeking to bring someone to the UK from outside of the EEC starting from June.

However, the government could make some rules retrospective, like extending the probationary period from 2-5 years which will catch about 80,000 mid-stream. This will also bring in more money for the government for those applying for an extension of their FLR for another two years, bringing it in line with certain Tier 2 employment visas. In more drastic circumstances, it might weed out those who are already in the UK on an FLR but who may not be able to meet the new rules for whatever reason (subsequent unemployment of the sponsor, low savings, the government not counting savings or household income, whichever).

So we'll have to wait and see, and unfortunately many will be feel as though they're treading on eggshells in the meanwhile. :ranger:

What else is new?

Nicely quoted 'Treading on eggshells" loolz

But the consequences after implementing these rules, they are really horrible.
What about those ppl whose income less than 26000 pounds? Who are not professional but working hard for their near and dear ones. It is drastic change in the history of changing laws in UK. From 2009, there are lots of changes have been taken place. Hope it will be good enough for all genuine families.

These are tactics to stop the inflow of immigrants into UK country.
 

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Undoubtedly, it does not apply on you as above mentioned circumstances. But you can expect anything from rapid changing Immigration Laws of UK.

Best of Luck
As this is a newspaper article, none of what it states is final or legally binding. I also doubt that it covers all the details of the new rules. Until the official announcement, anything is still speculation.
 

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Discussion Starter · #9 ·
No, it's not clear. On the one hand, it may apply only to those who are beginning the process afresh--seeking to bring someone to the UK from outside of the EEC starting from June.

However, the government could make some rules retrospective, like extending the probationary period from 2-5 years which will catch about 80,000 mid-stream. This will also bring in more money for the government for those applying for an extension of their FLR for another two years, bringing it in line with certain Tier 2 employment visas. In more drastic circumstances, it might weed out those who are already in the UK on an FLR but who may not be able to meet the new rules for whatever reason (subsequent unemployment of the sponsor, low savings, the government not counting savings or household income, whichever).

So we'll have to wait and see, and unfortunately many will be feel as though they're treading on eggshells in the meanwhile. :ranger:

What else is new?
There is a precedence for retrospective implementation. When some years ago, the settlement period for those on ancestry visa was lengthened from 4 to 5 years, those who were already on the ancestry route was caught up, meaning that they had to extend their visa for another year before they could apply for ILR. Whether the government will do the same with those on 2-year probationary period remains to be seen.

Also requirements for FLR and ILR may also be tightened along with those for new arrivals, meaning those who can't show £25,800 without dependants will be unable to extend their visa or apply for settlement.
 

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Oh yes, holding the breath again, what a swell feeling (not)...had a feeling this would be the case, that we'd have to apply for an extension to the probationary period. HooBoy.

Here's another question-what about those on public sector pensions-erm, like myself and my husband-between the two of us we barely squeak in under the new limits.

I'd like to think we're in a good position, I think-no mortgage, etc, but I wonder, will the income restrictions apply to people like us? Please trust me that public sector pensions are not as high gold-plated as some would like to think.

And of course it's understood this is newspaper article and not the actual proposal; on top of that the article notes there will be discussion and that there is some opposition to the income bar. Oh this will be a 'can't miss' discussion for all of us!

ETA: I feel at least 99.9% of us here on this forum who are on the marriage visas are in genuine relationships-if for some reason an extension and subsequent ILR is denied, does the UKBA have any idea how many spouses would turn their backs on the UK? My husband loves the UK and Scotland-has previously never shown any interest in visits to the US, lol, much less emigrating. Well, this morning my husband had me researching emigrating to the US-if my visa is denied we'll be going back to the States. What else can a real spouse do?
 

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omg >_< I really hope that if they do this they take savings into account otherwise I will be screwed.

Thankfully applying for the fiance visa in May so should be before any new laws come in but will be applying for the marriage visa in Oct so if they do come in June imma have to figure something out.

At a push with doing overtime and saving hard I could make the 25+k requirment but if they dont take savings into account then eeeeeeeeek
 

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my husband currently makes about 29,000/year atm and as I'm from the US, English is not necessarily an issue... I dunno if I should be too worried :-S but then that stresses me out too xD
 

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my husband currently makes about 29,000/year atm and as I'm from the US, English is not necessarily an issue... I dunno if I should be too worried :-S but then that stresses me out too xD
None of us need this added stress, the thinking is that those of us mid-process may have to apply for extensions, and some of us may not qualify anymore with the new criteria (you're probably ok with that salary).

Re-reading the article (lol, out loud, it's the only way I can be sure I don't miss anything), it seems to be aimed at the sham marriage groups, and the groups who 'marry in' and then bring over every living relative they have fit enough to board transport. But the genuine marriages, real love and committment on a budget are going to be caught up in this, and I'm not feeling too happy about that. It does sort of seem as though the thinking is love and a home together is only for the wealthier, and it's because of the sham marriage group!

Genuine marriages are going to have to work even harder to prove themselves, too, and I feel for anyone who has children. £60+K a year is an incredible amount of money to have to have.

I have a feeling this thread is going to be bumped many times over the next few weeks. I know there are those who think speculation is pointless, but there is a lot of stress and anxiety floating around right now, and I can't think of a better way of coping than by holding each other's virtual hands on a dedicated thread.
 

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This is absolutely terrifying to me. I hope someone can help, not sure if this is the correct place, but it feels relevant.

I am a 20 year old US citizen married to a 23 year old UK citizen. We were married in the US and I have no trouble travelling to the UK due to proof that I have a duty to stay here. I will not be applying for a spousal visa until exactly two years from now because I am finishing a degree. My spouse is currently making £16,000 and lives comfortably, with thousands of pounds saved each year. It is possible that in two years he could be making more, but surely not much over 20k. Living in the US isn't possible because my spouse-to-be is more settled in the UK, he has a stable apartment to live in and a stable job whereas I cannot offer that. Upon graduating I will not have much savings or a job to show for it. I can prove that if i cannot find a job, that his father can employ me immediately. If it matters, my spouse's parents are wealthy and own a company, with hefty savings. I have no worries about proving our relationship, just very worried about showing funds due to this. Perhaps the cutoff isn't so cut and dry?
Though we are unsure of the outcome this will bring, from your experience, do you think I will be refused almost automatically? :dizzy::dizzy:
 

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Discussion Starter · #15 ·
This is absolutely terrifying to me. I hope someone can help, not sure if this is the correct place, but it feels relevant.

I am a 20 year old US citizen married to a 23 year old UK citizen. We were married in the US and I have no trouble travelling to the UK due to proof that I have a duty to stay here. I will not be applying for a spousal visa until exactly two years from now because I am finishing a degree. My spouse is currently making £16,000 and lives comfortably, with thousands of pounds saved each year. It is possible that in two years he could be making more, but surely not much over 20k. Living in the US isn't possible because my spouse-to-be is more settled in the UK, he has a stable apartment to live in and a stable job whereas I cannot offer that. Upon graduating I will not have much savings or a job to show for it. If it matters, my spouse's parents are wealthy and own a company, with hefty savings. I have no worries about proving our relationship, just very worried about showing funds due to this. Perhaps the cutoff isn't so cut and dry? Isn't it currently £13,700?
Though we are unsure of the outcome this will bring, from your experience, do you think I will be refused almost automatically? :dizzy::dizzy:
We don't know anything for certain until official announcement is made with full rules and conditions. But the government has said it wants a simple system which anyone can understand, with one requirement covering all cases, instead of making numerous exceptions and a range of figures. So if £25,700 is going to be the minimum income for UK sponsor, then you will need it or you don't get your visa, simple as.
 

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We don't know anything for certain until official announcement is made with full rules and conditions. But the government has said it wants a simple system which anyone can understand, with one requirement covering all cases, instead of making numerous exceptions and a range of figures. So if £25,700 is going to be the minimum income for UK sponsor, then you will need it or you don't get your visa, simple as.
What confuses me though is how there are always UK headlines about violating human rights according to the EU standards. Surely if my husband never goes over £25,700 that is a human rights violation, no? He currently has over £400 left a month extra to save, but that won't matter with the new standard if it is passed. I'm sure we'll find out more soon, but maybe not we want to hear :(
 

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Discussion Starter · #17 · (Edited)
What confuses me though is how there are always UK headlines about violating human rights according to the EU standards. Surely if my husband never goes over £25,700 that is a human rights violation, no? He currently has over £400 left a month extra to save, but that won't matter with the new standard if it is passed. I'm sure we'll find out more soon, but maybe not we want to hear :(
The government has also said it intends to stop people taking the government to court to get the decisions overturned , i.e. to limit the ability of UK courts to interfere with immigration decisions. While you can always have recourse to European Court of Human Rights in Strasbourg, there is a snag in that you must have exhausted court remedies within UK first before your case may be admissible.
There is independent immigration appeals tribunal that failed applicants can use.
 

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Well, Joppa, once again you were right.
When my Spousal Visa was issued as a CP and not the KOL I should have asked to have it appealed but due to a time constraint I didn't have the time to wait for the appeal process and thought it best to just move forward and it wouldn't make much of a difference.
I stand corrected. So now I am going to see if I can appeal it from this end. (UK)
Also, when applying for jobs here and they ask if there are any restrictions on my Visa, I have to mention the 27 months before I can apply for the ILR.

Now have to figure out how to go about doing that... blah.

I am with you, AAiS... I have yet to exhale.
I'm in a similar position in that I was working in the States and had been (and still am) married to a British citizen for 7 years. I came over in a rush on a Tier 2 work permit and hadn't realised I could have applied for a spouse visa w/a KOL stamp to apply for ILR on passing the LITUK test (which I have done). I switched to spouse visa from within the UK 2 months into my coming here. Next time I'll read the fine print! Nothing official has been released but a leak and so much aggro is being stoked by supposition. For those caught in the middle, tail-end or beginning, I think it's necessary not to let the anxiety generated by this situation take control of it. 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? At this stage, it might not hurt to write to your MP's with your concerns, or see if your UK spouses will do so. They won't be able to solve everyone's problem, but they have a responsibility to hear you and respond with some kind of advice, particularly if it is affecting so many all at once. :juggle:
 

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We don't know anything for certain until official announcement is made with full rules and conditions. But the government has said it wants a simple system which anyone can understand, with one requirement covering all cases, instead of making numerous exceptions and a range of figures. So if £25,700 is going to be the minimum income for UK sponsor, then you will need it or you don't get your visa, simple as.
Terrifying indeed....ist this requirement 'if effected' going to affect a couple applying April/May 2012 you think?
 

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Discussion Starter · #20 ·
Terrifying indeed....ist this requirement 'if effected' going to affect a couple applying April/May 2012 you think?
Applicants before June will be considered by present rules, but I get the distinct impression that in anticipation of changes, the UKBA is strictly applying the current rules without using too much discretion on borderline cases.
 
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