(UK) spouse visa and exemptions - Know your rights.
Aug 4th 2014, 9:37 pm
#31
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Joined: Oct 2012
Posts: 677
Re: (UK) spouse visa and exemptions - Know your rights.
The government is actually trying to do just that, but as we are a member of the EU they are not able to stop people from other EU countries to come to the UK to work, just like people from the UK can go to any other EU country. The UK is now limiting benefits etc being paid to EU, migrants who are not working, moving more into line with most of the other EU countries, however most of the other EU countries do not have a benefit system like the UK, even for their own citizens.
It has already been pointed out to you that most other countries also require people to be legal, and deport those who aren't, even thought they may be the parent of a child citizen of that country, the UK isn't alone in doing this. If you wish to breaak the laws of the country. please do not try to gain sympathy from other members here who may be in a similar position, but are doing things the legal way, such as using the SS route.
The financial requirements are, in my opinion, far too high, but that still doesn't mean I condone law breakers.
Please note that inciting and helping people break the laws of any country is against the rules of BE.
It has already been pointed out to you that most other countries also require people to be legal, and deport those who aren't, even thought they may be the parent of a child citizen of that country, the UK isn't alone in doing this. If you wish to breaak the laws of the country. please do not try to gain sympathy from other members here who may be in a similar position, but are doing things the legal way, such as using the SS route.
The financial requirements are, in my opinion, far too high, but that still doesn't mean I condone law breakers.
Please note that inciting and helping people break the laws of any country is against the rules of BE.
We are looking at ways of exercising our human rights under article 8 of the European convention.
Article 8 of the European Convention on Human Rights:-
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 8 is therefore a qualified right, i.e. interference can be justified and where it is justified there will be no violation of this right.
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 8 is therefore a qualified right, i.e. interference can be justified and where it is justified there will be no violation of this right.
If the applicant can provide a full evidential picture of his or her family and/or private life and the likely consequences of removal and show that the consequences of any removal would seriously damage that family/private life then he or she may be granted discretionary leave to remain in the UK, usually for a period of three years.
Many and varied factors can be taken into account in assessing proportionality. For example:-
•Nature of the relationship/s
•Are there any minor children in involved? •Frequency of contact with relatives
•Is there any dependency involved in the relationship?
•Applicant`s and his family members` countries of nationality and immigration status
•Family members` ties with the UK
Many and varied factors can be taken into account in assessing proportionality. For example:-
•Nature of the relationship/s
•Are there any minor children in involved? •Frequency of contact with relatives
•Is there any dependency involved in the relationship?
•Applicant`s and his family members` countries of nationality and immigration status
•Family members` ties with the UK
Last edited by alfista1; Aug 4th 2014 at 9:40 pm.
Aug 5th 2014, 2:04 am
#32
Looking Around~
Thread Starter
Joined: Dec 2012
Location: England
Posts: 1,550
Re: (UK) spouse visa and exemptions - Know your rights.
Because, i think you and me will have some higher rights, because 'children' are involved...
Article 8 of the European Convention on Human Rights
Article 8 is beautiful. because at the end of the day a UK citizen is a European citizen, and no way in hell will EU allow separation of families (where children are involved)
It happens all the time, and they always get granted FLR or something, or 2 years 'stamp' on the passports.
Aug 11th 2014, 9:39 am
#33
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: (UK) spouse visa and exemptions - Know your rights.
1. They changed rules to stop people claiming when they arrive. For Disability Living Allowance, you need to reside in the UK for at least the previous 2 years before they will pay.
2. You wouldn't get disabilty for broken legs.
Aug 11th 2014, 9:41 am
#34
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Thread Starter
Joined: Dec 2012
Location: England
Posts: 1,550
Re: (UK) spouse visa and exemptions - Know your rights.
2: You really think i would break my legs?
3: Come on now, we know everyone loves you.
Aug 11th 2014, 9:54 am
#35
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Joined: Apr 2008
Posts: 2,294
Re: (UK) spouse visa and exemptions - Know your rights.
Don't forget that she is only allowed to drive for 1 year on her foreign or international licence in the UK. Leaving the UK and returning, won't reset that 1 year.
The new Immigration Act 2014 also stops overstayers/illegals, from having a UK licence. They have hit at everything that will make it hard for an illegal in the UK. No housing, no working, no healthcare, no driving, bank accounts etc "Cutting off our life blood" as one illegal put it.
Last edited by formula; Aug 11th 2014 at 10:03 am.
Aug 11th 2014, 9:59 am
#36
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Joined: Apr 2008
Posts: 2,294
Re: (UK) spouse visa and exemptions - Know your rights.
as I didn't take you breaking your legs seriously. The part about new rules to stop people claiming as soon as they arrive, was the serious part.
Aug 11th 2014, 10:17 am
#37
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: (UK) spouse visa and exemptions - Know your rights.
That Immigration Act 2014 you posted about, has also made it very hard for overstayers by hitting all the basic things that overstayers/illegals need to survive; housing; healthcare, working, driving etc. Legal Aid has been removed too. It was all designed that way to make it fairer to those immigrants who do keep to the immigration rules.
Those sticking to the UK immigraion rules, will now pay less for their ILR as they will reach ILR in less than half the time than those who don't stick to the rules. ILR gives full access to everything a Brit can have i.e. full NHS; no need to pay the new NHS levy; access to all welfare and eventually, reduced home fees for university and access to Student Loans and grants. It also gives freedom from all UK immigration rules and the ever increasing fees.
Your son is just a baby and you could let him got back with his mother to avoid her overstaying her visitor visa. I know you wanted him to start school in September, but a few months won't make any difference to him at that age, but it will make a massive difference to the quality of life for you and your wife over the next decade.
If she leaves at the end of her 6 months visitor visa and doesn't overstay to complicate a spouse visa application, then you will nearly have your 6 months of earning £18,600 and can then sponsor her to the UK, legally.
Last edited by formula; Aug 11th 2014 at 11:10 am.
