Hydreliox

Given the waiting times involved (116 days noted of this forum) and the challenges faced financially to get myself and family back to the UK I am wondering if it worth delaying the application process. Perhaps this would just instead me shooting myself in both feet....

If I estimate my own timeline based on requirements.

January 2018 - Secure all funds to UK account....wait six months.
End July/August 2018 - Move to wife's home nation for application.
September 2018 - Start application for spousal visa
Relocate to UK based on a successful application November to March....

Given the time frame I am wondering what policy changes we may be faced with post Brexit and at what point it would be best to apply. So, given that in mind what would be your speculations, advice, suggestions, hopes or dreams for changes to the policy at or closer to that time. I have in mind none EEA spouses at the moment, with British passport bearing child.

Cheers

quiltman

Brexit should not affect you as you are coming back to UK not an EU country. However, the rules may change - there have been whispers that the UK government will change the financial requirements , likely upwards knowing how governments work! your timeline seems fine to me based on what we've discussed elsewhere on BE.

Hydreliox

Is it your opinion that coming back before March 2019 is a wise decision?

There must be a reasonable call for the government to review the laws applying to spouses. I would not be surprised by increasing the costs but of course extremely disappointed at the anti family policies of TM and co.

BritInParis

There has already been a judicial review of the spouse visa rules, specifically the financial requirements. The 'pause' on applications involving dependent children while the government drafted new policy to meet the ruling was one of the contributing factors to the long processing delays that are now being experienced.

Brexit will have no direct impact on your application but no-one will be able to guarantee that the immigration rules for spouse visas will remain the same. There were new Immigration Acts in 2014 and 2016 and a new Immigration Bill was announced in the Queen's Speech.

Hydreliox

Agree with all of the above britinparis. Really just a guessing game as to if the recognition of British citizen families would become any 'better'. Suffice to say it is of course unpredictable and the SC ruling didn't go in that favour.

Does the child being a British citizen along with father aid anything in the application? Is there more reason for them to consider my partner or does the SC ruling not change anything there?

BritInParis

The new policy is that an ECO would need to take into account other sources of income or financial support if the applicant doesn't meet the financial requirements rather than sticking to the letter of the law which has been the case until now. I haven't seen any concrete evidence of what this actually means in practice however and I wouldn't recommend trying it if you have the means to meet the financial requirements.

Hydreliox

Yes certainly understood. The SC ruling certainly left a lot of ambiguity in place when reading. Thanks for the support and advice :-)

sayang

Given that one of the driving forces behind Brexit was anti-immigration, I can't imagine that it will get any "better". The Surinder Singh route will no longer be an option I presume

Inselaffen

But that was control of immigration by EU citizens.

We had always planned on returning elsewhere in Europe but the threat of post-Brexit restrictions on spouses of British citizens was one of the factors that pushed us into moving to the UK.

BritInParis

The financial requirements were primarily designed to reduce the welfare bill. If it reduced immigration as well then all the better.