Brian Clough down under

Yes, you're totally correct there Pollyanna! I see those things as everyday delights (or almost), and I just can't get that in Aus. I'm not knocking Aus at all, but I've done over 8 years here and there comes a time when the need to be closer to family kicks in, so that my parents (getting on a bit) can get to spend some time with their grandchildren (my daughters). My brother in Kent also has a young 2 year old daughter, so i'd like my daughters to spend more time with their cousin!

Problem is, as with Mr Muffin, my Aussie wife really does not want to move at all, mainly because she's close to her family, who are all here in Sydney. Not being funny, but I've said more than once, that it's all about compromise - I've done 8 years here so far and you've got to see your family whenever you like - now it's my turn! That's fair isn't it? It might not be forever, maybe 4 or 5 years or so. Totally reasonable in my book. I feel your pain Mr Muffin, because I can totally empathise with your situation re your wife not wanting to move to England either.

Anyway, after a few stressful days thinking and pondering, I've decided that I am simply not prepared to be split up from my wife and kids for a few months. No chance. So.....the only option is to beg, borrow, acquire enough extra funds to get me over the 62.5k limit. I'll get it somehow, stick it in an account over here, then sit tight for 6 months. As soon as the 6 months have lapsed, I will then be sending my wife's Partner visa application in, asap. With a bit of luck, that might only take 2 months, so I could be looking at moving back at last in approx. 9 months or so from now. Hopefully, fingers crossed!

rebeccajo

Same in the US.

If I was able to rustle up 1000 USD for a little break over here, it might get us three or four days in Amish country. Or a weekend at the beach - of which 48 hour time period we would spend most of in the car getting there.

1000 quid in the UK would buy us weekend in London.

dfjordan

I agree that it's only reasonable for you to now want to be closer to your family, but it sounds like your case is the same as many others we've read about, ie you move the family to the UK, the wife misses her family so makes life a misery for all, and the relationship breaks up. Do you really think you'll be able to leave the UK again in 5 years time? Assuming you do, no doubt you'd then go back to Aussie, and have the same yearning to go back again to all the things you miss so much?

MrMuffin

Luckily my wife is all for the move... but she wants to make sure all the i's are dotted and t's are crossed. And doing the SS route is freaking her out even further. We have had long talks about it over the weekend and basically now it's down to me to come up with a plan. How to pay off outstanding CCs. How to deal with the house, rent out or sell. How to get balance of cash together for savings requirement, or for me to get a job commitment before we go. I've been here for 25 years which is crazy because I never thought I'd EVER be here for that long. Time literally flies. And honestly all the things about being in the UK again didn't all mean nearly as much as until I had kids. I think Brian and myself have a lot in common on that front.

It sounds like your plan is coming together Brian and good for you. I'm hoping to be able to get head down with all the rest of my stuff and get on a similar schedule. Ideally my daughter can get into a new school for next school year start... that's the goal. Even if it's part of me and the kids going back over to the UK a little head of my wife to get schools and housing set. I'm trying to not make it an overwhelming task. Good luck Brian!!

larrabee

Whilst you are permitted to accept gifts of cash towards the savings requirement, you should be aware that the money cannot be borrowed.

See 7.2.1 here http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Brian Clough down under

Yes, i'll just be borrowing it from family members, so it'd be classed as a gift. I'll sit on it for 6 months and then apply for my wife's visa.

What a ridiculous, scandalous situation. This government, and the last one are both a disgrace (for different reasons).

larrabee

If you borrow from family members that is not a gift, it is a loan.
You can accept gifts of cash but you cannot borrow the money.

Brian Clough down under

OK, it was a gift. That's what I meant.

Either way, I may have just got lucky because a friend of mine in Surrey has just offered me a job, which would be way over the minimum level. I've also been sitting on that 62k since November, though I may not need it now.

My new job would start in July, so I think he needs to send me the job offer in April (?) so that my wife then has time to apply for the spouse visa and get it all processed in time so that she and the kids can come over.

scot47

The rules are designed to keep you out of the UK. Add your voice to the many by contacting an MP.

beatle

I am in the same position as you apparently there is a High Court case under decision at the moment concerning this new law. Although the British Govt appealed the decision that it was illegal and a final decision has been scheduled for March 2014, may not change anything as they may appeal again! This law apparently lowers the numbers of immigrants using the spouse route by 47%!!
Very unfair IMHO.

rebeccajo

Just a wee clarification.

The appeal is scheduled for March. The decision will come some months later. I think we are looking at late summer 2014 before we have that decision.

Here's a tidy little article that sums up the previous decision. Read carefully the five points that Justice Blake found to be problematic:

http://www.jcwi.org.uk/blog/2013/07/...whc-1900-admin

It is my opinion (and I am not a solicitor or lawyer) that if the rules are found to be unlawful a second time, we won't see another appeal. Two strikes are no way to move forward, so to speak. But even with a second decision in favor of "all of us", do NOT expect these rules to go away in their entirety. Justice Blake ruled that components of the immigration rules when taken together were unlawful. One thing this means is that if an applicant can't meet one hurdle, then the alternative means of meeting the threshold (ie if your income is too low, then you can use savings to supplement) is also so restrictive that it is unlawful.

I think we can expect to see a couple of things - eventually.

Number One - the income threshold will be lowered, but never to the previous level. I think the Home Office will fight this one tooth and nail and there is a school of thought that believes the level will never be lowered but indeed go up.

Number Two - the savings supplement will be lowered. Or at least lowered for persons who are in work. It may remain high for those who are not. Which still means a very high bar for returning expats.

Number Three - third party sponsorship will return. The Home Office already lost on this issue in the courts under the former rules.

rebeccajo

You can - we did - but nothing will be accomplished other than letting off some steam. Public opinion in the UK against migration is so strong that very few MP's stand against these rules. The few that do are only lone voices in the wilderness.

The courts will have to settle this one, I am afraid.