Going to live in UK with US spouse
#16
Re: Going to live in UK with US spouse
The idea is that students' should want to come to the UK to study, instead of just using it as a way to get UK citizenship; which is what has been happening.
Students' that are wanted by companies, will get picked up on the milk run and get sponsored with a Tier 2 visa as a path to UK citizenship (5 years). The international students' also have their final year and four months after their studies, to find a graduate job with a company that will sponsor them. That way, the UK gets a chance to keep the "brightest and the best" and the others that are not wanted by companies, will return home after their studies. The student visa was never intended as a route to citizenship for all students', but it has been abused in the past.
Before the new rules, the international student could remain a student for 10 years and them claim ILR (even if they couldn't find anyone to employ them). Or they could do low skilled jobs like stacking shelves in a supermarket; taxi driver etc, for 5 years after their studies and them get ILR, by using the Tier1 and PSW visas. Both of those visas have now been closed.
Students' that are wanted by companies, will get picked up on the milk run and get sponsored with a Tier 2 visa as a path to UK citizenship (5 years). The international students' also have their final year and four months after their studies, to find a graduate job with a company that will sponsor them. That way, the UK gets a chance to keep the "brightest and the best" and the others that are not wanted by companies, will return home after their studies. The student visa was never intended as a route to citizenship for all students', but it has been abused in the past.
Before the new rules, the international student could remain a student for 10 years and them claim ILR (even if they couldn't find anyone to employ them). Or they could do low skilled jobs like stacking shelves in a supermarket; taxi driver etc, for 5 years after their studies and them get ILR, by using the Tier1 and PSW visas. Both of those visas have now been closed.
Whether we like it or not, having a large international student body makes good economic sense. They bring in a lot of money in fees, and we foster goodwill in people who will become our future business partners (consumers, etc.)
As with the marriage thing, the original intention has got mixed up with all sorts of unintended side-effects.
And it's a major PIA for people like me, who have to spend exponentially more time dealing with red tape to get legitimate international students into the country.
#17
Re: Going to live in UK with US spouse
I hate this "brightest and best" rhetoric. It makes me think of swastikas.
#18
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Joined: Apr 2008
Posts: 2,294
Re: Going to live in UK with US spouse
The new rules say they can't have another student visa if they haven't shown academic progression. If you fail your course or keep doing low courses i.e. lots of English courses, then you can't have another student visa as you have to show academic progression.
There are now time limits to study for each couse i.e. 3/4 years as an undergraduate, then time for MSc and then time for a PHD. This is to make sure that only the genuine students come to the UK who really want to study and not those who try to drag out their student time, to get ILR under the 10 years of legal stay, rule.
Under the new student rules, only those studying at MSc or higher, can now bring their dependants' with them and only if as they study at a proper university or are government sponsored. Which means that mature undergraduates' can no longer bring their spouse and children with them, for their children to get free education and the whole family get free heathcare, plus their spouse being allowed to work full time on a student dependant visa. Genuine students are usually 18 when they start an undergraduate course and they won't have a spouse and lots of children at that age.
Many used the tier 4 visa student visa as a backdoor way to work in the UK, by studying at a dinkydoo college and then get citizenship. This has now been stopped too as they no longer have the right to work on their student visa if they attend one of those colleges and can no longer bring their spouse and children with them, or gain ILR that way.
Bright genuine students will still come to the UK. Those students who aren't wanted by companies or those who can't start their own business ( a new visa) will be able to return to their countries with a high status education. Those who were hoping to use the student route as a backdoor to a UK passport, will now not be attracted to the UK. That door has shut.
Last edited by formula; Dec 20th 2012 at 3:21 pm.
#19
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Joined: Apr 2008
Posts: 2,294
Re: Going to live in UK with US spouse
The companies aren't there to provide a visa for those who didn't want to work hard at their studies, or to provide jobs for those who have a degree that is of little use to that company.
Thinking students will look at what companies want, before they select a degree and university. Then they will work hard to make sure they get a 2:1 or first.
Last edited by formula; Dec 20th 2012 at 2:46 pm.
#20
Re: Going to live in UK with US spouse
Of course this wasn't just a function of immigration rules it was also a function of unethical motivations for universities to accept international students.
#21
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Joined: Apr 2008
Posts: 2,294
Re: Going to live in UK with US spouse
A Brit can go and have a '"family life" in another country; or they might already be having that "family life" in another country.
Last edited by formula; Dec 20th 2012 at 3:24 pm.
#22
Re: Going to live in UK with US spouse
http://www.freemovement.org.uk/2012/...ules-rejected/
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will be no surprise to any lawyer.
In short the tribunal holds that immigration judges must start their determination of a human rights case by deciding the case under the immigration rules, including the rules that purport to define Article 8. If the case does not succeed under the rules the judge must go on and decide the case under what we might term ‘real Article 8′, as required by s.6 of the Human Rights Act 1998 and the Convention itself.
#23
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Joined: Apr 2008
Posts: 2,294
Re: Going to live in UK with US spouse
The wheels of justice grind slow, but they grind fine.
http://www.freemovement.org.uk/2012/...ules-rejected/
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will be no surprise to any lawyer.
In short the tribunal holds that immigration judges must start their determination of a human rights case by deciding the case under the immigration rules, including the rules that purport to define Article 8. If the case does not succeed under the rules the judge must go on and decide the case under what we might term ‘real Article 8′, as required by s.6 of the Human Rights Act 1998 and the Convention itself.
http://www.freemovement.org.uk/2012/...ules-rejected/
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will be no surprise to any lawyer.
In short the tribunal holds that immigration judges must start their determination of a human rights case by deciding the case under the immigration rules, including the rules that purport to define Article 8. If the case does not succeed under the rules the judge must go on and decide the case under what we might term ‘real Article 8′, as required by s.6 of the Human Rights Act 1998 and the Convention itself.
Last edited by formula; Dec 21st 2012 at 5:18 pm.