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

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Old Jun 14th 2012, 1:16 pm
  #271  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by chocciecake
why can't the govt just say "no access to public funds" then, and leave it at that, instead of blocking families coming over??
Well the UK Government can say that, and does if they let you in. However, that creates different classes of residents for benefits purposes which I think is wrong.
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Old Jun 14th 2012, 1:17 pm
  #272  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by chocciecake

can i ask,as an aside, what is KOL?
I could say, maybe it is Kroniskt Obstruktiv Lungsjukdom (Swedish: Chronic Obstructive Lung Disease) or Kingdom of Loathing (online game)... but in this context it is the Knowledge of Life test http://lifeintheuktest.ukba.homeoffice.gov.uk/
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Old Jun 14th 2012, 1:27 pm
  #273  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by nun
Linking a UK citizen's ability to reside in the UK with his or her immediate family to their income or net worth is the issue I have with the policy. I encourage people to save and invest, but I would never put restrictions on the immigration of UK citizens and their family because of how much they have in the bank......talk about worshiping Mammon.
Another thought about the fact that some people have significant cash savings and others have less(and thinking primarilly about couples at retirement age, because that is where I am in life...)

Take two people living in the United States with similar jobs and similar salaries over the course of 20 years. One has a defined benefit pension, the other a defined contribution pension. The one with the defined benefit pension may have a reasonable income, US SS plus pension from work, but not quite enough to satisfy the new British requirements, so cannot return to live in the UK with his or her American spouse. The one with the defined contribution pension might be worse of in the big picture, since his/her retirement savings may translate to a smaller paycheck each month, but they CAN fulfill the new UK requirements because the defined contribution account will add up to way over $100,000 ...
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Old Jun 14th 2012, 1:32 pm
  #274  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by robin1234
I could say, maybe it is Kroniskt Obstruktiv Lungsjukdom (Swedish: Chronic Obstructive Lung Disease) or Kingdom of Loathing (online game)... but in this context it is the Knowledge of Life test http://lifeintheuktest.ukba.homeoffice.gov.uk/
can i ask then, based on the following quote from the ukam website, does this mean, as a wife with ILR of a british citizen, with british born children,i am exempt from having to do the KOL test?

"Exemption for certain immigration categories

You will not have to meet the KOL requirement if you are being granted settlement outside the Immigration Rules, or if you are applying for settlement as:
a parent, grandparent or other dependent relative of a British citizen or someone who has settled here (under paragraph 317 of the Immigration Rules);"
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Old Jun 14th 2012, 3:08 pm
  #275  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by robin1234
Take two people living in the United States with similar jobs and similar salaries over the course of 20 years. One has a defined benefit pension, the other a defined contribution pension. The one with the defined benefit pension may have a reasonable income, US SS plus pension from work, but not quite enough to satisfy the new British requirements, so cannot return to live in the UK with his or her American spouse. The one with the defined contribution pension might be worse of in the big picture, since his/her retirement savings may translate to a smaller paycheck each month, but they CAN fulfill the new UK requirements because the defined contribution account will add up to way over $100,000 ...
Presumably one would be allowed to do an actuarial valuation of a defined-benefit pension. I don't see this distinction as being an issue.
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Old Jun 14th 2012, 3:18 pm
  #276  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Giantaxe
Presumably one would be allowed to do an actuarial valuation of a defined-benefit pension. I don't see this distinction as being an issue.
This is already in place for the new laws regarding limitations on the amount you can contribute tax-free (or pre-tax) to a UK pension. For those with a pension pot it is simply the amount (£50k?), but there is a formula for people contributing to a defined benefit scheme. Presumably the same formula could be applied in this case to determine the worth of a given number of years' contributions to a defined benefit scheme.
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Old Jun 14th 2012, 5:27 pm
  #277  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Giantaxe
Presumably one would be allowed to do an actuarial valuation of a defined-benefit pension. I don't see this distinction as being an issue.
By definition the DB plan has already had an "actuarial valuation" . The point is that the principal on which the DB is calculated might be far larger than the balance in a DC plan, but the owner of the DB plan might not meet the income requirements while the owner of the DC plan would meet the savings requirement.
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Old Jun 14th 2012, 5:51 pm
  #278  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by nun
By definition the DB plan has already had an "actuarial valuation" . The point is that the principal on which the DB is calculated might be far larger than the balance in a DC plan, but the owner of the DB plan might not meet the income requirements while the owner of the DC plan would meet the savings requirement.
Yes, that was my point.

And I think it is part of a bigger, problematic picture. It is stated on p.17 of the new rules that "The Government is not looking to draw up a personal financial balance sheet for each sponsor (outgoings, credit card and other debts, mortgage, etc), but taking £18,600 as a benchmark.."

Why WOULDN'T they take those other things into account; because it is too hard for them?
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Old Jun 14th 2012, 6:15 pm
  #279  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by chocciecake
can i ask, won't MOST of the children of a british citizen be british by defalt then ,regardless of where they are born? most parents would automatically claim their citizenship for them and/or get the kids uk passport...it would only be if the ukc married someone that already had kids that weren't blood related to them, that would be bound by those terms then?
You're forgetting Brits who are UK citizens by decent, who can't pass on UK citizenship by default, unless living in the UK.
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Old Jun 14th 2012, 7:33 pm
  #280  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by chocciecake
can i ask then, based on the following quote from the ukam website, does this mean, as a wife with ILR of a british citizen, with british born children,i am exempt from having to do the KOL test?

"Exemption for certain immigration categories

You will not have to meet the KOL requirement if you are being granted settlement outside the Immigration Rules, or if you are applying for settlement as:
a parent, grandparent or other dependent relative of a British citizen or someone who has settled here (under paragraph 317 of the Immigration Rules);"
If you have ILR already then you have ILR and don't need to apply for anything or take any further tests. (but if you want to apply for citizenship then you would need to take the test)
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Old Jun 14th 2012, 7:42 pm
  #281  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by nun
By definition the DB plan has already had an "actuarial valuation" . The point is that the principal on which the DB is calculated might be far larger than the balance in a DC plan, but the owner of the DB plan might not meet the income requirements while the owner of the DC plan would meet the savings requirement.
Ok I see your point.

I did see this text as regards to defined-contribution plans:

this can include, for those of retirement age, savings held in a pension savings accounts which can be immediately withdrawn: 401k, Roth IRA
So that at least tells us that defined-benefit retirement savings are disregarded prior to retirement age, which is the correct treatment vis a vis defined benefit plans.

What should really happen post retirement age is that one's defined contribution savings should be notionally converted into an annuity and that notional annuity income used. That would make a level playing field between DB and DC "savings".

And all this begs the question of what "retirement age" is.

Last edited by Giantaxe; Jun 14th 2012 at 7:44 pm.
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Old Jun 14th 2012, 7:47 pm
  #282  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Giantaxe
Ok I see your point.

I did see this text as regards to defined-contribution plans:



So that at least tells us that defined-benefit retirement savings are disregarded prior to retirement age, which is the correct treatment vis a vis defined benefit plans.

What should really happen post retirement age is that one's defined contribution savings should be notionally converted into an annuity and that notional annuity income used. That would make a level playing field between DB and DC "savings".

And all this begs the question of what "retirement age" is.
In this context, I assume they are referring to age 59.5 (in the case of USA retirement funds) because that is when the individual has more-or-less unrestricted access to their funds.
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Old Jun 14th 2012, 7:50 pm
  #283  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Giantaxe

What should really happen post retirement age is that one's defined contribution savings should be notionally converted into an annuity and that notional annuity income used. That would make a level playing field between DB and DC "savings".
Yes; I was surprised when I saw that one "only" needed 62,500 pounds in savings. Sure makes it easier for many applicants of retirement age, rather than having to annuitise or notionally convert to an annuity.
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Old Jun 14th 2012, 7:54 pm
  #284  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by robin1234
In this context, I assume they are referring to age 59.5 (in the case of USA retirement funds) because that is when the individual has more-or-less unrestricted access to their funds.
Possibly. Of course, that might mean "retirement age" is different for savings from different countries that have different rules etc. I really doubt whether these nuances have been thought through.
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Old Jun 14th 2012, 7:58 pm
  #285  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by robin1234
In this context, I assume they are referring to age 59.5 (in the case of USA retirement funds) because that is when the individual has more-or-less unrestricted access to their funds.
Well you can get access to your US retirement funds at any time, but you will have to pay the 10% penalty unless you do a 72t Substantially Equal Payments plan. That basically lets you do penalty free withdrawals before 59.5. The amount of the withdrawal is calculated according to actuarial tables, just like an annuity.
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