British citizen living abroad? Non-EEA spouse? This may affect you!
Oct 22nd 2012, 7:41 pm
#841
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hmm, I'd go to Ireland, at least you wouldn't have so much to deal with regarding the language.
Also, here's another link to a story where the Immigration Minister is supposedly getting involved.
http://www.thestar.co.uk/news/local/...ttle-1-5042269
Again not exactly a national paper. It almost seems that these human interest stories are being ignored because they don't fit in with the tabloids/nationals usual line on what an immigration story should look like?? Or, maybe I'm just being paranoid.
Anyway Jezza I thought I'd reach out as I spoke to an immigration lawyer last Friday. She didn't seem to think I'd have any issues bringing the other half back to the UK as I'm working now, earning more than the threshold, and even though I don't have a job lined up in the UK we do have $$s in the bank. She was all about not being a burden on the state. When I asked about specific numbers i.e the £62500 she seemed to think that only applied to people who hadn't been working and don't have a job lined up. It seems to me that she was coming from the old rules where there was common-sense allowed. Given that the new rules only came in 2.5 months ago, I don't think that they even know how the processing is going at this stage, it's still too early. They charge £2500++ to put your app in for you. I'm waiting until the New Year in the hope that there's some clarity regarding the rules. Plus there's a slim possibility of a work transfer for the OH which would get me through the bit that we're struggling with which is the leave to enter. After 6 months we'd be able to apply and start the ball rolling on the spouse visa at that stage.
Also, here's another link to a story where the Immigration Minister is supposedly getting involved.
http://www.thestar.co.uk/news/local/...ttle-1-5042269
Again not exactly a national paper. It almost seems that these human interest stories are being ignored because they don't fit in with the tabloids/nationals usual line on what an immigration story should look like?? Or, maybe I'm just being paranoid.
Anyway Jezza I thought I'd reach out as I spoke to an immigration lawyer last Friday. She didn't seem to think I'd have any issues bringing the other half back to the UK as I'm working now, earning more than the threshold, and even though I don't have a job lined up in the UK we do have $$s in the bank. She was all about not being a burden on the state. When I asked about specific numbers i.e the £62500 she seemed to think that only applied to people who hadn't been working and don't have a job lined up. It seems to me that she was coming from the old rules where there was common-sense allowed. Given that the new rules only came in 2.5 months ago, I don't think that they even know how the processing is going at this stage, it's still too early. They charge £2500++ to put your app in for you. I'm waiting until the New Year in the hope that there's some clarity regarding the rules. Plus there's a slim possibility of a work transfer for the OH which would get me through the bit that we're struggling with which is the leave to enter. After 6 months we'd be able to apply and start the ball rolling on the spouse visa at that stage.
Oct 22nd 2012, 7:46 pm
#842
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Also, re your earlier post, unfortunately I think your immigration lawyer is taking you for a ride. £2500 for submitting an application that carries a fee of just £900 is day-light robbery. In my experience as an ECO, immigration laywers are held in very low regard. They do very little for their money & too be honest the application process is so simple that they're just a waste of money. Applications submitted by them get no better chance of sucess or any preferential treatment. You're right in saying it's early days in terms of processing, but it has started. I know this from former work colleagues still based overseas. And it's a black and white process for them, issue or refuse. No cases are being deferred or considered beyond the scope of the rules. I wish that wasn't the case, but it's the harsh reality.
Oct 22nd 2012, 9:18 pm
#843
Just Joined
Joined: Nov 2010
Location: Toronto
Posts: 15
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Oct 22nd 2012, 10:36 pm
#844
Forum Regular
Joined: Oct 2012
Location: Southwest
Posts: 53
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Jezza1000, here's a link to some info on tomorrow's House of Lords schedule: http://www.publications.parliament.u...d/ldordpap.htm. I also had trouble finding it though, took a bit of searching. Can't seem to find much else on it though.
"Tuesday 23 October at 2.30pm
*Lord Anderson of Swansea to ask Her Majesty’s Government what has been the outcome of the review of the status of United Kingdom membership of the European Defence Agency announced in October 2010.
*Lord Cotter to ask Her Majesty’s Government what action they are taking to address the issue of late payments to small and medium-sized enterprises.
*Baroness Gardner of Parkes to ask Her Majesty’s Government whether, in relation to proposals to restructure NHS services in North-West London, the Department of Health has entered into dialogue with Transport for London regarding traffic levels and their impact upon speed of access to Accident and Emergency services.
Topical oral question. Ballot to be drawn on Friday 19 October at 1pm.
Trusts (Capital and Income) Bill [HL] Third Reading [Lord McNally] (Law Commission Bill)
†Infrastructure (Financial Assistance) Bill Second Reading (and remaining stages) [Lord Newby] (Money Bill)
Baroness Smith of Basildon to move that this House regrets that notwithstanding welcome but limited measures to ensure the deportation of foreign criminals and tackle sham marriages, and notwithstanding the importance of greater protection for the taxpayer, the Government have not demonstrated that the specific minimum annual income requirement which has been introduced through the Statement of Changes in Immigration Rules (HC 194) is the most effective way to protect taxpayers and deliver fairness for UK citizens who wish their spouse or partner to settle in the United Kingdom. 6th Report from the Secondary Legislation Scrutiny Committee
Grand Committee in the Moses Room at 3.30pm"
Oct 22nd 2012, 10:59 pm
#845
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Also, re your earlier post, unfortunately I think your immigration lawyer is taking you for a ride. £2500 for submitting an application that carries a fee of just £900 is day-light robbery. In my experience as an ECO, immigration laywers are held in very low regard. They do very little for their money & too be honest the application process is so simple that they're just a waste of money. Applications submitted by them get no better chance of sucess or any preferential treatment. You're right in saying it's early days in terms of processing, but it has started. I know this from former work colleagues still based overseas. And it's a black and white process for them, issue or refuse. No cases are being deferred or considered beyond the scope of the rules. I wish that wasn't the case, but it's the harsh reality.
And I certainly wouldn't let what ECO's think of immigration lawyers affect my opinion! Lord knows the Home Office can barely be held above the blunder level..........
Early days? You betcha. And there are denials happening out there right now that are needless. Go to UKBA in the USA (on Facebook) if you want to read some of them.
Oct 22nd 2012, 11:06 pm
#846
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hmm, I'd go to Ireland, at least you wouldn't have so much to deal with regarding the language.
Also, here's another link to a story where the Immigration Minister is supposedly getting involved.
http://www.thestar.co.uk/news/local/...ttle-1-5042269
Again not exactly a national paper. It almost seems that these human interest stories are being ignored because they don't fit in with the tabloids/nationals usual line on what an immigration story should look like?? Or, maybe I'm just being paranoid.
Anyway Jezza I thought I'd reach out as I spoke to an immigration lawyer last Friday. She didn't seem to think I'd have any issues bringing the other half back to the UK as I'm working now, earning more than the threshold, and even though I don't have a job lined up in the UK we do have $$s in the bank. She was all about not being a burden on the state. When I asked about specific numbers i.e the £62500 she seemed to think that only applied to people who hadn't been working and don't have a job lined up. It seems to me that she was coming from the old rules where there was common-sense allowed. Given that the new rules only came in 2.5 months ago, I don't think that they even know how the processing is going at this stage, it's still too early. They charge £2500++ to put your app in for you. I'm waiting until the New Year in the hope that there's some clarity regarding the rules. Plus there's a slim possibility of a work transfer for the OH which would get me through the bit that we're struggling with which is the leave to enter. After 6 months we'd be able to apply and start the ball rolling on the spouse visa at that stage.
Also, here's another link to a story where the Immigration Minister is supposedly getting involved.
http://www.thestar.co.uk/news/local/...ttle-1-5042269
Again not exactly a national paper. It almost seems that these human interest stories are being ignored because they don't fit in with the tabloids/nationals usual line on what an immigration story should look like?? Or, maybe I'm just being paranoid.
Anyway Jezza I thought I'd reach out as I spoke to an immigration lawyer last Friday. She didn't seem to think I'd have any issues bringing the other half back to the UK as I'm working now, earning more than the threshold, and even though I don't have a job lined up in the UK we do have $$s in the bank. She was all about not being a burden on the state. When I asked about specific numbers i.e the £62500 she seemed to think that only applied to people who hadn't been working and don't have a job lined up. It seems to me that she was coming from the old rules where there was common-sense allowed. Given that the new rules only came in 2.5 months ago, I don't think that they even know how the processing is going at this stage, it's still too early. They charge £2500++ to put your app in for you. I'm waiting until the New Year in the hope that there's some clarity regarding the rules. Plus there's a slim possibility of a work transfer for the OH which would get me through the bit that we're struggling with which is the leave to enter. After 6 months we'd be able to apply and start the ball rolling on the spouse visa at that stage.
I hope your lawyer knows these things. And a good lawyer should have a clue how "processing is going these days". The info is out there.
Oct 23rd 2012, 6:53 am
#847
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I will step in here and say the same thing I've always said about hiring an immigration lawyer for US processing. It depends on who you get and how they practice, and what they practice.
And I certainly wouldn't let what ECO's think of immigration lawyers affect my opinion! Lord knows the Home Office can barely be held above the blunder level..........
Early days? You betcha. And there are denials happening out there right now that are needless. Go to UKBA in the USA (on Facebook) if you want to read some of them.
And I certainly wouldn't let what ECO's think of immigration lawyers affect my opinion! Lord knows the Home Office can barely be held above the blunder level..........
Early days? You betcha. And there are denials happening out there right now that are needless. Go to UKBA in the USA (on Facebook) if you want to read some of them.
Oct 23rd 2012, 6:59 am
#848
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
..........and all that being said about lawyers, the savings threshold doesn't apply just to those who "hadn't been working and don't have a job lined up". Anyone needing to use savings to supplement an income shortfall will need AT LEAST 16K in the bank before monies over that amount can be used to offset shortfall.
I hope your lawyer knows these things. And a good lawyer should have a clue how "processing is going these days". The info is out there.
I hope your lawyer knows these things. And a good lawyer should have a clue how "processing is going these days". The info is out there.
Oct 23rd 2012, 8:48 am
#849
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
This is a live video feed to the House of Commons. Motions start at 2:30 but the one we're all interested in is the last to be heard. It's also on BBC Parliament from 7:30pm - 11pm so may be easier to DVR it and fast forward to the relevant bit.
http://www.parliamentlive.tv/main/Pl...eetingId=11559
http://www.parliamentlive.tv/main/Pl...eetingId=11559
Oct 23rd 2012, 10:05 am
#850
Just Joined
Joined: Aug 2012
Location: Singapore
Posts: 29
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
This is a live video feed to the House of Commons. Motions start at 2:30 but the one we're all interested in is the last to be heard. It's also on BBC Parliament from 7:30pm - 11pm so may be easier to DVR it and fast forward to the relevant bit.
http://www.parliamentlive.tv/main/Pl...eetingId=11559
http://www.parliamentlive.tv/main/Pl...eetingId=11559
Oct 23rd 2012, 11:41 am
#851
Account Closed
Joined: Jul 2007
Posts: 26,319
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Oct 23rd 2012, 11:41 am
#852
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I also wrote to Mark Harper 3 weeks ago. He just happens to be my local MP as well as Minister for Immigration. Will let you know when I get a reply, apparently he's got a good track record for responding. He helped my Uncle out quite a bit with a problem he had locally. I'd be interested to know what he says to you as well.
Oct 23rd 2012, 6:06 pm
#853
Oscar nominated
Joined: Jan 2008
Location: Moncton, NB, CANADA
Posts: 50,835
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Some of the things on their website are contradictory - particularly when it comes to the guides corresponding to particular forms.
I remember a classic where it stated a refund of fees (for something not proceeding) did not need to be requested and then went on to give the process after you requested it. There was also something about certain family members that one would assume were not part of the application and one bit said to include them but the form said not to.
Anyway, that bit of common sense might be missing. No aspersions intended but a series of mistakes were made when they processed our application.
They corrected the mistakes but nearly two years later (it was supposed to be 6 months) it became apparent they had failed to correct the very first mistake and the application was rejected as a result of that.
I had a letter of apology and an explanation of how they should have handled it at the beginning. But they let the decision stand.
We had to make a second (but identical) application (with second set of fees
) as it was quicker than the appeal.I have often wondered if a lawyer would have cottoned onto something not being quite right (based on their experience of other applications) and saved us a couple of years. Not to mention they'd likely know which conflicting bits of information were the correct bits.
Oct 23rd 2012, 7:27 pm
#854
Forum Regular
Joined: Oct 2012
Location: Southwest
Posts: 53
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I also wrote to Mark Harper 3 weeks ago. He just happens to be my local MP as well as Minister for Immigration. Will let you know when I get a reply, apparently he's got a good track record for responding. He helped my Uncle out quite a bit with a problem he had locally. I'd be interested to know what he says to you as well.
Oct 23rd 2012, 9:12 pm
#855
Forum Regular
Joined: Oct 2012
Posts: 35
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Check this out. Baroness Angela Smith raised concerns over the income threshhold in the House Of Lords tonight. The "Mr S" she refers to in her speech is me. I took the liberty of emailing her only this afternoon on hearing she was going to make the speech. To my surprise she got back to me within the hour.
Fast forward to about 2:80:00 in or just after, for her speech.
http://www.parliamentlive.tv/Main/Pl...eetingId=11559
Fast forward to about 2:80:00 in or just after, for her speech.
http://www.parliamentlive.tv/Main/Pl...eetingId=11559