British citizen living abroad? Non-EEA spouse? This may affect you!
#16
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
+1 I plan to retire to the UK on an income considerably lower that May sees as appropriate. If I was still married to my US ex-wife I'd be effectively barred from returning home.
#17
Forum Regular
Joined: Feb 2012
Posts: 136
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I think there will be exceptions for retirees ,pensions assets saving etc will be taken into account ,these rules are being put into place to stop the wrong people coming in ie marriages of conveniance and people who really will not have the ability to support themselves.
Also I do believe the final figure of earnings will end up being a lot lower,so I would not panic yet
Also I do believe the final figure of earnings will end up being a lot lower,so I would not panic yet
#18
Just Joined
Joined: Mar 2012
Location: B.C interior
Posts: 5
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I'm seriously considering returning to Britain with my Canadian wife and son, but reading this I see the door slamming in my face. I've still got lots of research to do mind, it's early days yet, and this isn't a done deal, but it seems ominous.
#19
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
Aussie husband is playing this down to me... says it won't apply to us as he'll be earning enough to support himself (I'm the British citizen, but not working, so wouldn't meet the income requirement to bring him back.) I hope he's right. (And hope he can get a job. Auditing.)
As for the children aspect, I'm assuming this extra income is only meant to be required of people bringing non-UK citizen children into the UK?
My child (will be an adult by then) is Aussie born but has a UK passport, so as a British citizen, the extra income required shouldn't be a concern, should it?
As for the children aspect, I'm assuming this extra income is only meant to be required of people bringing non-UK citizen children into the UK?
My child (will be an adult by then) is Aussie born but has a UK passport, so as a British citizen, the extra income required shouldn't be a concern, should it?
At the risk of causing this thread to degenerate into another flame-the-EU (please, please try and resist!), there is another option for those of us who are expats going home. You have the right to move to any other EU country with your family (try Dublin if you don't speak any other languages) and either work there, look for a job (you can also look in the UK at the same time) or commute to the UK. Once you are settled in the EU you have the right to move to the UK with your family. Best of all - the visas are free and guaranteed if you do this!
#20
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I think there will be exceptions for retirees ,pensions assets saving etc will be taken into account ,these rules are being put into place to stop the wrong people coming in ie marriages of conveniance and people who really will not have the ability to support themselves.
Also I do believe the final figure of earnings will end up being a lot lower,so I would not panic yet
Also I do believe the final figure of earnings will end up being a lot lower,so I would not panic yet
If there was a focus on marriages of convenience, the first thing would be to exclude anyone married before a certain date. Couples who had already lived in the UK - the spouse not having taken citizenship - before leaving and returning would be subject to these rules too and that would be silly if it was just to discourage sham marriages.
As for the income levels, this figure is actually at the higher end of the scale from what's been discussed previously; It's going in the opposite direction.
It reminds me of the Habitual Residence Test legislation that was brought in back in the 1990s. Designed to stop benefits tourism, most of the people not accepted as resident in the UK in the first couple of years of the new rules were actually Brits returning to live there. They messed up then and it looks like more of the same.
Another daft thing is that a spouse not meeting the income rquirement could return on their own and claim full benefits. But if their spouse had an income and came with them, they would need far less in benefits, or even none at all. Yet these rules would exclude them. That's potty.
It's just ill thought out knee jerkist nonsense.
#21
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
....there is another option for those of us who are expats going home. You have the right to move to any other EU country with your family (try Dublin if you don't speak any other languages) and either work there, look for a job (you can also look in the UK at the same time) or commute to the UK. Once you are settled in the EU you have the right to move to the UK with your family. Best of all - the visas are free and guaranteed if you do this!
What a rigmarole to go through to go home, though.
It also shows how potty it would be that you can't get to your own country but you can be welcomed into a different one.
And then there's the human rights aspect again. An EU country will accept you. I'd have expected EU laws would mean that if one member state would take you, they all would. But if not there's still the idea that your own country is treating you worse than a different EU country.
#22
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I've seen mention of this before.
What a rigmarole to go through to go home, though.
It also shows how potty it would be that you can't get to your own country but you can be welcomed into a different one.
And then there's the human rights aspect again. An EU country will accept you. I'd have expected EU laws would mean that if one member state would take you, they all would. But if not there's still the idea that your own country is treating you worse than a different EU country.
What a rigmarole to go through to go home, though.
It also shows how potty it would be that you can't get to your own country but you can be welcomed into a different one.
And then there's the human rights aspect again. An EU country will accept you. I'd have expected EU laws would mean that if one member state would take you, they all would. But if not there's still the idea that your own country is treating you worse than a different EU country.
#23
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
The government had already pledged to stop foreign nationals being a burden on the UK tax payer. So to take your points in order.
A wife and two children on less than about 46K, would mean that they can claim welfare for all the family through child related welfare payments as soon as they enter the UK, if only one parent worked. If both parents' worked, than the tapering would mean they would get more welfare payments to cover 70% of their childcare. Plus there is also the education and healthcare all 4 would want.
UK citizens can always come back to the UK.
The "no desire to work" lot, are getting a big kick up the b@m. Some have already had them, several more large kicks coming this year and even more the year after. The able bodied and fit to work, are enraged at being asked to work more than 16 hours per week between both parents, to keep their child/ren and they plan to march on London (on a Monday of course, as they are all free then).
No permission is need to marry a foreigner, EEA or otherwise. The EEA citizens have the treaty right of free movement. Although it is quite interesting watching all the rumblings from the western EU countries, with Sarkozy now coming right out with it and saying that free movement of workers should be stopped and that we should just keep the free trade movements.
They certainly aren't.
No permission is need to marry a foreigner, EEA or otherwise. The EEA citizens have the treaty right of free movement. Although it is quite interesting watching all the rumblings from the western EU countries, with Sarkozy now coming right out with it and saying that free movement of workers should be stopped and that we should just keep the free trade movements.
They certainly aren't.
Last edited by formula; Mar 26th 2012 at 2:56 pm.
#24
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I am unsure legally how this will work in practice. I would have thought a United Kingdom citizen has the right to marry and bring into the country a person of their choice as long as the relationship can be proved not to be one of convenience. In other words a bonafide marriage. As I understand it is a Human Right. If came into law surely could be contested in European Court?
Plus Cameron has already gathered support to amend the human rights act, when the UK take over for their 6(?) months in charge. France and Sweden already calling for majors changes to EU law too which all basically points to the fact that western EU countries want to patrol their own borders again.
As I said before, the UK government are already making plans to halt immigration if the Euro collapes. I'm not sure what they are planning to do as the only way they can halt EEA migration to the UK is to exit the EU, or get on board with other western EU countries and amend EU law to stop free worker movement.
Last edited by formula; Mar 26th 2012 at 3:16 pm.
#25
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
UK citizens can always come back to the UK.
Plus Cameron has already gathered support to amend the human rights act, when the UK take over for their 6(?) months in charge. France an Sweden already calling for majors changes to EU law too which all basically points to the fact that western EU countires want to patrol their own borders again.
There have been examples of convicted criminals having human rights decisions in their favour regarding family life. Illegal immigrants have been allowed to stay in the UK because being deported would infringe their human right to family life.
So let's stop Brits from having their family life. In Britain. Preposterous.
#26
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
Its bad enough that she would have to jump hoops in order to work in the UK.
#27
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
I think the solicitor might be correct when he said you can't use Article 8 to decide where you want to live. On other forums, people have posted that in their own appeals, the judges ruled against them and said their right to a family life was not being abused, as they could still have their 'family life' in another country.
#29
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
This "leaked" document had much higher figures than I thought they would ask for. The figure had to rise, there is no question about that, but these latest figures are high.
#30
Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids
You dont say, but they are full Cdn too hence my "half british" description
What is proposed here would mean in practice my kids and I could come live in the UK, but Id have to leave the wife behind unless I could arrange a good job from thousands of miles away. That sounds like wantonly splitting up families to me.
You would have to admit that ten years and 2 kids together could be considered pretty inconvenient for a marriage of convenience
Fortunately for me I cant see any circumstances that would have me want to return to the UK as Im lucky that my brothers are still there to watch out for my Dad as he gets older, but I can imagine many others not in such a fortunate situation who may want to return for reasons other than a nice cushy job waiting for them.
What is proposed here would mean in practice my kids and I could come live in the UK, but Id have to leave the wife behind unless I could arrange a good job from thousands of miles away. That sounds like wantonly splitting up families to me.
You would have to admit that ten years and 2 kids together could be considered pretty inconvenient for a marriage of convenience
Fortunately for me I cant see any circumstances that would have me want to return to the UK as Im lucky that my brothers are still there to watch out for my Dad as he gets older, but I can imagine many others not in such a fortunate situation who may want to return for reasons other than a nice cushy job waiting for them.