More changes to Appendix FM and FM-SE

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Old Mar 17th 2014, 12:29 pm
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Default More changes to Appendix FM and FM-SE

The Home Office have recently published more planned changes to FM & FM-SE. Here's the hype: https://www.gov.uk/government/news/i...nternationally

I think there are a few changes worth noting:
1) It looks like they are closing all doors for PBS Migrants who've been here since before 9th July 2012 to use the old appendix 8 rules to switch to family status and now forcing them to go through Appendix FM.
2) For those who have brought in a pouse under Appendix FM the financial requirements FM will be reassessed (at the higher, dependant child rates) if they wish to adopt a child who needs entry clearance.
3) They are removing the specific provision for EEA nations who permanent residence to use the old rules to get a fiance visa for their proposed spouse / partner. Which must be a very unique case as the fiance must also have been here since before July 2012
4) A (positive) change at para 298 enabling child offenders and children who are now over 18 but have not yet passed KoLL to remain with their parents on limited leave with no recourse to public funds.
5) Extending the Armed Forces version of FM to cover "relevant civilian employees"
6) Closing a potential loophole for those who have just set up their own business by requiring a full financial year's returns and not just the previous financial year. This is an interesting one for anybody currently running a new business and expecting to wait well over a year before being allowed to use that income: It could mean that until 5th May those with their own businesses can run a shortened first financial year, complete their accounts and tax returns and use them to sponsor a spouse. Certainly the government thinks so or they wouldn't have seen the need to make the change!
7) Another positive change - extending the forms of unearned income to include insurance payments (e.g. long term disablement) and income from legal settlements
8) Allowing workers to include their tips in their pay if it's part of a registered scheme
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Old Mar 17th 2014, 3:11 pm
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Default Re: More changes to Appendix FM and FM-SE

Originally Posted by englishguygoinghome
The Home Office have recently published more planned changes to FM & FM-SE. Here's the hype: https://www.gov.uk/government/news/i...nternationally

I think there are a few changes worth noting:
1) It looks like they are closing all doors for PBS Migrants who've been here since before 9th July 2012 to use the old appendix 8 rules to switch to family status and now forcing them to go through Appendix FM.
2) For those who have brought in a pouse under Appendix FM the financial requirements FM will be reassessed (at the higher, dependant child rates) if they wish to adopt a child who needs entry clearance.
3) They are removing the specific provision for EEA nations who permanent residence to use the old rules to get a fiance visa for their proposed spouse / partner. Which must be a very unique case as the fiance must also have been here since before July 2012
4) A (positive) change at para 298 enabling child offenders and children who are now over 18 but have not yet passed KoLL to remain with their parents on limited leave with no recourse to public funds.
5) Extending the Armed Forces version of FM to cover "relevant civilian employees"
6) Closing a potential loophole for those who have just set up their own business by requiring a full financial year's returns and not just the previous financial year. This is an interesting one for anybody currently running a new business and expecting to wait well over a year before being allowed to use that income: It could mean that until 5th May those with their own businesses can run a shortened first financial year, complete their accounts and tax returns and use them to sponsor a spouse. Certainly the government thinks so or they wouldn't have seen the need to make the change!
7) Another positive change - extending the forms of unearned income to include insurance payments (e.g. long term disablement) and income from legal settlements
8) Allowing workers to include their tips in their pay if it's part of a registered scheme
Thanks for the update.

Unfortunately nothing there yet that really helps the majority of us wanting to go home with our families.
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