Changes in Immigration Rules

Old Nov 8th 2016, 1:52 pm
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Default Changes in Immigration Rules

https://www.gov.uk/government/upload...Accessible.pdf
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Old Nov 11th 2016, 11:25 am
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Default Re: Changes in Immigration Rules

What might affect people here is the 28 days being removed if you or your representative forget to renew your visa to remain in time. For some, they might allow this if there was a genuine reason but only if their visa only ran out 14 days before. Having a British child will not be a trump card.

For these overstayers and for those who have their visa to remain in the UK refused because they didn't fill the application correctly or their representatives didn't, there are no more in country appeals form 1 December 2016, under the Immigration Act 2016
The Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016
Under the old rules you could appeal in country and in some cases, could continue to use the NHS for free. Under the new rules, if the HO gives an out of country appeal, this means you must go back to your own country to appeal the refusal as you have no right to be in the UK.

New criminal rules under that same Act for those that are not allowed to be in the UK.

It's not like we didn't know this was coming as the Bill has been 2 years going through parliament and became an Act in June 2016.

Last edited by formula; Nov 11th 2016 at 12:13 pm.
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Old Nov 11th 2016, 11:43 am
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Default Re: Changes in Immigration Rules



"Introduce from 1 May 2017 a new English language requirement at level A2
of the Common European Framework of Reference for Languages for
applicants for further leave in the UK as a partner or parent, after completing
30 months here on a 5-year route to settlement under Appendix FM."





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Old Nov 11th 2016, 1:52 pm
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Default Re: Changes in Immigration Rules

Re the 28 days ending. To be allowed the 'within 14 days of the visa expiring', the rule change states

"where the Secretary of State considers there is good reason beyond the control of the applicant or their representative"
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Old Nov 11th 2016, 2:29 pm
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Default Re: Changes in Immigration Rules

NHS bills.


April saw the 1k and over NHS bill to be paid, reduced to £500 for those wanting to visit.

These changes now bring in this £500 NHS bills for those wanting a family visa. We aleady know that those on a Fiance visa have to pay the NHS when they use it and 50% is added if they don't have insurance.

Last edited by formula; Nov 11th 2016 at 2:37 pm.
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Old Nov 11th 2016, 3:58 pm
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Default Re: Changes in Immigration Rules

Everything is really tightening up! One thing I am not sure about is that if your application to remain either for FLR or for ILR is refused and an out of country appeal only is allowed, how long is the applicant given to leave? Is it 28days from the expiry date of the visa or is it 28 days from the date the application is refused (if that is sooner than the expiry date of the visa) ?

Also, if it is considered that the application was wrongly refused, then are in country appeals still possible? From what I understand it is the Human Rights Appeals that will only be able to be done out of the U.K.
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Old Nov 11th 2016, 4:43 pm
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Default Re: Changes in Immigration Rules

Originally Posted by michali
Everything is really tightening up! One thing I am not sure about is that if your application to remain either for FLR or for ILR is refused and an out of country appeal only is allowed, how long is the applicant given to leave? Is it 28days from the expiry date of the visa or is it 28 days from the date the application is refused (if that is sooner than the expiry date of the visa) ?

.
If its only 28 days or less then thats extremely harsh and cruel on the applicant to have to move their entire life overseas at such short notice!
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Old Nov 11th 2016, 5:16 pm
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Default Re: Changes in Immigration Rules

I agree and that why I hope Formula, who seems to have a great deal of knowledge on immigration matters, can clarify.
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Old Nov 11th 2016, 8:10 pm
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Default Re: Changes in Immigration Rules

Originally Posted by michali
I agree and that why I hope Formula, who seems to have a great deal of knowledge on immigration matters, can clarify.
I'm only reading what is mentioned in this document. I put the link for people to read as it hadn't been mentioned on here and all the other immigration forums are talking about it.


Originally Posted by michali
Is it 28days from the expiry date of the visa or is it 28 days from the date the application is refused (if that is sooner than the expiry date of the visa) ?
It says on page 87 of 90 "The 28 days is being abolished." It goes on to talk about the 14 days.


Originally Posted by michali
Also, if it is considered that the application was wrongly refused, then are in country appeals still possible?
That will be an Admistative Review.
Page 85 of 90.

Originally Posted by michali
From what I understand it is the Human Rights Appeals that will only be able to be done out of the U.K.
All appeals. A few HR appeals may be allowed in the country if it is deemed their life will be in danger.

Last edited by formula; Nov 11th 2016 at 8:17 pm.
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Old Nov 11th 2016, 8:29 pm
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Default Re: Changes in Immigration Rules

So, in 14 days an applicant whose visa is refused has to cancel all utilities, possibly put property up for sale or rent, arrange accommodation in home or other country, arrange to transfer money out of the U.K., pack and go?! That is so ridiculous! I hope this does not happen to us but I am seriously regretting coming back.
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Old Nov 11th 2016, 8:41 pm
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Default Re: Changes in Immigration Rules

Originally Posted by michali
So, in 14 days an applicant whose visa is refused has to cancel all utilities, possibly put property up for sale or rent, arrange accommodation in home or other country, arrange to transfer money out of the U.K., pack and go?! That is so ridiculous! I hope this does not happen to us but I am seriously regretting coming back.
I agree. It was stressful enough making the initial application to enter knowing if it was accepted you had a couple of months to arrange your life to move overseas. Its going to be even more stressful for FLM or ILR knowing that if the application is flawed then you have to abandon everything and return to your home country within 14 days just to make an administrative re application!
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Old Nov 11th 2016, 9:39 pm
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Default Re: Changes in Immigration Rules

Originally Posted by bobbyleo
return to your home country within 14 days just to make an administrative re application!
An AR is not an appeal. The AR is if you think the HO has made a mistake. With an AR, the HO looks at the application again.

If you don't let your visa expire before your applicaiton is submitted and you tick all the boxes for a visa, then there won't be a problem.

Last edited by formula; Nov 11th 2016 at 9:56 pm.
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Old Nov 13th 2016, 3:23 pm
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Default Re: Changes in Immigration Rules

Originally Posted by michali
Everything is really tightening up!
I cannot see the UK's immigration system will get any 'easier' for those who want to move to the UK.
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Old Nov 13th 2016, 3:55 pm
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Default Re: Changes in Immigration Rules

Originally Posted by HKG3
I cannot see the UK's immigration system will get any 'easier' for those who want to move to the UK.
That's for sure! And many who have been hanging on to appeals will have to leave.
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