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British citizen living abroad? Non-EEA spouse? This may affect you!

British citizen living abroad? Non-EEA spouse? This may affect you!

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Old Apr 6th 2012, 6:15 am
  #106  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by englishguygoinghome
Originally Posted by roaringmouse
You can request that the visa is post-dated by up to 3 months from the decision date, if that helps at all. So for example, if the decision to grant the visa is made on 10th April, the valid from date would be 10th July (the earliest the visa holder can enter the UK on that visa).
Why bother? If you are applying for ILE based on 4 years of marriage then you have 27 months to take the KOL anyway and you can do that when visiting
It was just something thrown in the mix to be considered, as quite a few people don't seem to be aware of the possibility of post-dating their visa. Also may be of help to other people reading the board.

My wife's ILE was post-dated by 3 months as we didn't intend to enter the UK until about 6 months after we completed the application form - not entirely necessary in our case but could help others, particularly those who would get a 27 month visa (with or without KOL Req endorsement).
Originally Posted by jp2e
how long is the visa valid for? and can you get an extension if for some reason you can't get there in time or do you have to re-apply?
Depends on which you're eligible for. If it's a normal spouse visa, including one with the KOL Req endorsement, then it's valid for 27 months. With the KOL Req endorsement it is possible apply for ILR at any time before the 27 months is up once the Life in the UK test is passed - whereas normally you can only apply for ILR from 28 days before your 2 year anniversary of arriving in the UK with the visa. If you're unaware of the KOL Req endorsement, it means you've passed the 4+ years of being married & living outside the UK but haven't passed the Life in the UK test - if this matches your situation, then request the KOL Req endorsement in a cover letter.

If it's ILE (i.e. the applicant has passed the Life in the UK Test, and you've been married & living outside the UK for 4+ years) then it's indefinite (although they do put a valid until date on it which matches the expiry date of the passport).

Last edited by roaringmouse; Apr 6th 2012 at 6:17 am.
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Old Apr 6th 2012, 6:44 am
  #107  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by roaringmouse
It was just something thrown in the mix to be considered, as quite a few people don't seem to be aware of the possibility of post-dating their visa. Also may be of help to other people reading the board.

My wife's ILE was post-dated by 3 months as we didn't intend to enter the UK until about 6 months after we completed the application form - not entirely necessary in our case but could help others, particularly those who would get a 27 month visa (with or without KOL Req endorsement).

Depends on which you're eligible for. If it's a normal spouse visa, including one with the KOL Req endorsement, then it's valid for 27 months. With the KOL Req endorsement it is possible apply for ILR at any time before the 27 months is up once the Life in the UK test is passed - whereas normally you can only apply for ILR from 28 days before your 2 year anniversary of arriving in the UK with the visa. If you're unaware of the KOL Req endorsement, it means you've passed the 4+ years of being married & living outside the UK but haven't passed the Life in the UK test - if this matches your situation, then request the KOL Req endorsement in a cover letter.

If it's ILE (i.e. the applicant has passed the Life in the UK Test, and you've been married & living outside the UK for 4+ years) then it's indefinite (although they do put a valid until date on it which matches the expiry date of the passport).

That is true under the current rules...the Govt is however considering removing the KOL option where it does not matter how long is a couple married for...they will most likely be issued a spouse entrance visa for 5 years before they can apply for ILR. Whether this happens or not is still to be seen...
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Old Apr 6th 2012, 9:37 pm
  #108  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by brissybee
I wonder if net proceeds from Aussie house sale will be adequate savings?
That brings us back to the other issue in this. If such proceeds mean one can buy a home with little or no mortgage, one obviously doesn't need a higher income.

Clearly some people will meet the income requirement but after rent or mortgage, they'll have less money to support themselves than others would on lower incomes but no rent/mortgage.
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Old Apr 6th 2012, 10:47 pm
  #109  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Mummy in the foothills
These are "people of your own" British citizens with long standing marriages and British citizen children who want to move to UK Not random foreigners.
Yes I was a bit short sighted there. I read such cases after my post and could easily imagine the frustration of this under such circumstances. Perhaps the government should consider some kind of alternatives where at least one of the family is a British citizen. For example family/friend sponsorship, as they have in Canada.

I'm sure the government would love people to come and earn 50 grand a year, but that does seem a bit over the top for people with some kind of roots in UK, and although costs have no doubt risen, I'm sure there are plenty surviving reasonably without being a burden on the tax payer and earning far less.

I am pleased, however, that at last the UK are taking steps to avoid cases where a new immigrant individual or family has no hope of supporting themselves, providing a catalyst for Daily Mail journalists to spew their opinions about such matters to the "not in our back yard" brigade.
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Old Apr 7th 2012, 9:26 am
  #110  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

I think another big issue is that it's an employer's market. People are so damn happy to just have a job that they'll put up with lower than normal wages, no or insignificant pay rises etc. This seems to be endemic in my area--making it even less likely that I'd be able to obtain the kind of salaries the gov't is bandying around.
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Old Apr 11th 2012, 4:39 pm
  #111  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Is there a minimum for uk ex-pat bringing a foreign husband and kids back if they are from within the EU?
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Old Apr 11th 2012, 7:10 pm
  #112  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Aliland
Is there a minimum for uk ex-pat bringing a foreign husband and kids back if they are from within the EU?
If they're EU citizens, they can move freely...it's one of the benefits of the EU.
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Old Apr 21st 2012, 12:53 am
  #113  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

When do the new rules come into effect? I thought it was this month... have they even been finalised yet?
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Old Apr 21st 2012, 4:40 am
  #114  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by brissybee
When do the new rules come into effect? I thought it was this month... have they even been finalised yet?
No Statement of Change yet.
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Old Apr 23rd 2012, 3:50 pm
  #115  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

This is perhaps a stupid question.... but I'm currently here on a 27-month spousal visa and have lived here about a year. My partner and I have been discussing the possibility of moving back to Canada for various reasons not especially pertinent to this thread. In any case, what I'm wondering is - will the changes apply to me? Will I have to get an extension on my 27-month visa in order to remain in the UK and apply for ILR in 4 more years, or will I still be able to apply for ILR next year? This could be the deciding factor in whether we stay in the UK, or whether my partner moves with me back to Canada.
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Old Apr 24th 2012, 5:03 am
  #116  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Eabie
This is perhaps a stupid question.... but I'm currently here on a 27-month spousal visa and have lived here about a year. My partner and I have been discussing the possibility of moving back to Canada for various reasons not especially pertinent to this thread. In any case, what I'm wondering is - will the changes apply to me? Will I have to get an extension on my 27-month visa in order to remain in the UK and apply for ILR in 4 more years, or will I still be able to apply for ILR next year? This could be the deciding factor in whether we stay in the UK, or whether my partner moves with me back to Canada.
Nobody knows this yet, the changes haven't been made. Hopefully those already in the UK on a 27-month visa will still be able to apply for ILR after 2 years, but we'll have to wait and see.
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Old Apr 25th 2012, 11:47 am
  #117  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Eabie
This is perhaps a stupid question.... but I'm currently here on a 27-month spousal visa and have lived here about a year. My partner and I have been discussing the possibility of moving back to Canada for various reasons not especially pertinent to this thread. In any case, what I'm wondering is - will the changes apply to me? Will I have to get an extension on my 27-month visa in order to remain in the UK and apply for ILR in 4 more years, or will I still be able to apply for ILR next year? This could be the deciding factor in whether we stay in the UK, or whether my partner moves with me back to Canada.
If you move back to Canada you will have to reapply and the new rules will apply, could you wait till you get B Cit then go?
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Old May 2nd 2012, 11:12 pm
  #118  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

I sent an email to my MP expressing my concern about these proposals. They don't affect me personally, but I'm concerned by some of the comments on this thread. It's parents with children and elderly couples who seem to be worst affected, since both are at stages of their lives when income may be below the limits proposed, but still above the average for British families of their type.

My MP Karen Bradley has replied. She agrees with my concern about couples with children and is raising the issue with the Immigration Minister and the Home Secretary.

If anyone else on the forum is a registered overseas voter, I suggest they also write a letter. The proposals are not set in stone yet.
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Old May 3rd 2012, 1:02 am
  #119  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Editha
I sent an email to my MP expressing my concern about these proposals. They don't affect me personally, but I'm concerned by some of the comments on this thread. It's parents with children and elderly couples who seem to be worst affected, since both are at stages of their lives when income may be below the limits proposed, but still above the average for British families of their type.

My MP Karen Bradley has replied. She agrees with my concern about couples with children and is raising the issue with the Immigration Minister and the Home Secretary.

If anyone else on the forum is a registered overseas voter, I suggest they also write a letter. The proposals are not set in stone yet.
Excellent, good for you. Thank you!
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Old May 3rd 2012, 5:44 pm
  #120  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Editha
I sent an email to my MP expressing my concern about these proposals. They don't affect me personally, but I'm concerned by some of the comments on this thread. It's parents with children and elderly couples who seem to be worst affected, since both are at stages of their lives when income may be below the limits proposed, but still above the average for British families of their type.

My MP Karen Bradley has replied. She agrees with my concern about couples with children and is raising the issue with the Immigration Minister and the Home Secretary.

If anyone else on the forum is a registered overseas voter, I suggest they also write a letter. The proposals are not set in stone yet.
Agreed - I've written to the MP where I'm registered and have got my parents to do the same (and thank you for writing too)
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