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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 Jun 18th 2012, 10:49 pm
  #316  
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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
Yes, your savings can substitute in whole or part for lack of annual income. If no income, I think (from memory) you need to show 62,500 pounds in savings. It is all laid out in the document, sorry I can't remember the page number but it is all mentioned earlier in this thread....
Thanks for that
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Old Jun 19th 2012, 11:09 pm
  #317  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Thank the moderators for pinning this very important information!

Would suggest the title of the thread be changed to say "does affect you", not "may affect you". Income threshold is just the tip of the iceberg. Many other important matters changed, including the abolition of Indefinite Leave to Remain for persons married more than four years; the abolition of third party support; the extension of the probationary period from two to five years; and the 10-year path to residency should things go awry during the probationary period.
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Old Jun 19th 2012, 11:10 pm
  #318  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by ozzieeagle
Don't forget that the couple will have to prove their financial solvency not once, but three times while the spouse is on the path to residency.
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Old Jun 20th 2012, 9:29 am
  #319  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

There has been some discussion on the transitional arrangements regarding timing of applications. Statement of Changes page 14 states:
(c) The following provisions of Part 8 continue to apply to applications made on
or after 9 July 2012, and are not subject to any additional requirement listed in
(b) above:
(i) by persons who have made an application before 9 July 2012 under Part 8
which was not decided as at 9 July 2012; and
(ii) by persons who have been granted entry clearance or limited leave to enter
or remain under Part 8 before 9 July 2012:
281-289
289A-289C
290-295
295A-295O
297-316F
317-319
319L-319U
319V-319Y
If you have APPLIED and BEEN DECIDED before the 9th on your initial request then all future requests related to that are under the old rules.

So if you have APPLIED before the 9th but NOT HAD A DECISION: your application will continue under the old rules but any future applications (eg going from ILE KOL req to ILR) won't!

Unless you want to argue that "made an application" in i) doesn't necessarily refer to this specific application but any related (or even unrelated) one

Last edited by englishguygoinghome; Jun 20th 2012 at 9:33 am.
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Old Jun 20th 2012, 9:39 pm
  #320  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

englishguygoinghome, I'm not sure if you were speaking in response to me, but fairly soon this board will be full of people who aren't under any "transitional arrangement". Not everyone who wishes to move to the UK are able to file before July 9.
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Old Jun 20th 2012, 9:42 pm
  #321  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by englishguygoinghome
There has been some discussion on the transitional arrangements regarding timing of applications. Statement of Changes page 14 states:


If you have APPLIED and BEEN DECIDED before the 9th on your initial request then all future requests related to that are under the old rules.

So if you have APPLIED before the 9th but NOT HAD A DECISION: your application will continue under the old rules but any future applications (eg going from ILE KOL req to ILR) won't!

Unless you want to argue that "made an application" in i) doesn't necessarily refer to this specific application but any related (or even unrelated) one
This is handy to know, thanks. We're currently trying to file before July 9th and were wondering whether to go for a rush service. Seeing this it seems a good idea.
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Old Jun 20th 2012, 9:44 pm
  #322  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

For what it's worth, some people on the uk-yankee forum have reported getting a reply from Chris Bryant, the Labour shadow immigration minister - very roughly it seems Labour opposes the new rules as unfair and would prefer a bond system (though how much is not said).

I intent to write to him/them asking for confirmation of their opposition to the new rules and telling them it's won them my vote.
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Old Jun 20th 2012, 11:28 pm
  #323  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Bob
You're forgetting Brits who are UK citizens by decent, who can't pass on UK citizenship by default, unless living in the UK.
really??? i thought if you were a british citizen by any means, then you are a british citizen!!!

ofcourse, thinking about it, i get it...if my mum was british, and i was born in aus, then i could get citizenship by default, but they don't want the right perpetually passed down through the family, if you are living elsewhere.
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Old Jun 21st 2012, 2:36 am
  #324  
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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
really??? i thought if you were a british citizen by any means, then you are a british citizen!!!

ofcourse, thinking about it, i get it...if my mum was british, and i was born in aus, then i could get citizenship by default, but they don't want the right perpetually passed down through the family, if you are living elsewhere.
If you're a Brit citizen, you're a Brit citizen.

The way you acquire it affects if you can pass it on by default or not.

You got it. They don't want someone having no connection to the UK after a few generations have the right to vote, pension or any other things a Brit might have available to them.
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Old Jun 21st 2012, 10:59 am
  #325  
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Default Re: Theresa May wants minimum income of £25,700; £49,000 if you have 2 kids

Originally Posted by Bob
If you're a Brit citizen, you're a Brit citizen.

The way you acquire it affects if you can pass it on by default or not.

You got it. They don't want someone having no connection to the UK after a few generations have the right to vote, pension or any other things a Brit might have available to them.
They don't want Brits married to foreigners to have what other Brits have.
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Old Jun 21st 2012, 1:03 pm
  #326  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

I think when the respecitive Countries from which people are coming from reciprocate, it's going to hurt even more.

At least in Aus case, there is the safety net of the Governments Supernnuation legislation which would mean almost all married couples that have been in the workforce for 10 years will qualify and already have these amountss..... Even with the 3 checks during the qualificaiton period. I understand the US has a similar Super scheme ?
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Old Jun 21st 2012, 1:10 pm
  #327  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

so what happens if a british citizen currently living in britain, wants to mary and aussie, currently living in aus???
if the aus can't move to britain because the partner doesn't earn enough, but aus doesn't want the british one to settle in aus, because they also don't meet immigration criteria for some reason??
then the couple can't get married and live together in either country, meaning that britain is CERTAINLY interferring in its own citizens right to a family life!
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Old Jun 21st 2012, 1:27 pm
  #328  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by ozzieeagle
I think when the respecitive Countries from which people are coming from reciprocate, it's going to hurt even more.

At least in Aus case, there is the safety net of the Governments Supernnuation legislation which would mean almost all married couples that have been in the workforce for 10 years will qualify and already have these amountss..... Even with the 3 checks during the qualificaiton period. I understand the US has a similar Super scheme ?
There's a totalization agreement between the US and the UK that relates to income of citizens of both nations living in either nation. The agreement equalizes taxes on these persons when living in either nation. It also affects pensions. I certainly don't think it creates a safety net for immigration.
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Old Jun 21st 2012, 2:49 pm
  #329  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by chocciecake
so what happens if a british citizen currently living in britain, wants to mary and aussie, currently living in aus???
if the aus can't move to britain because the partner doesn't earn enough, but aus doesn't want the british one to settle in aus, because they also don't meet immigration criteria for some reason??
then the couple can't get married and live together in either country, meaning that britain is CERTAINLY interferring in its own citizens right to a family life!
Sadly yes - thought the bugger will be in the details. The Economist supports what a few on here have said - this will inevitably be challenged in a court at some point , though with Theresa may also rushing through laws that establish the UK's right to deport criminals even if they have a family that may not work.
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Old Jun 21st 2012, 3:03 pm
  #330  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

thats just plain wrong then!!
imagine not being able to be the the person you love because neither of you are "wealthy" enough to qualify for the fiances countries visa requirements!
yet every other tom, dick and harry, plus extended family from elsewhere seem to get in no probs, but because you are a british citizen wanting to marry,and not fortunat enough to earn good money, you are penalised!!! very sad state of affairs...
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