British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   New immigration rules slated for April 2012 question. (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/new-immigration-rules-slated-april-2012-question-732487/)

Mecano Sep 15th 2011 1:02 pm

New immigration rules slated for April 2012 question.
 
After reading the consultation paper in full I can see that my OH and I will arrive in the UK a week before the new immigration rules come into force (if the schedule is followed and Parliament approves them). Since the settlement visa will be ILE (KOL Required) my question is whether this means that regardless of the new rules, and since the entry time is before they come in force, The ILE will be granted after the KOL as those where the terms when granted. Or will they make them retroactive and will have to wait 5 years for the ILE.
As I understand it you should be grandfathered onto what the rules where when the application/ visa were granted… Any thoughts or experience with immigration rules changes on existing visas?
I would hate the fact that the new 5 year waiting period would apply. Realistically you could not get the KOL and apply for the Visa in a week… (Aside from the fact that it is almost 1,000 pounds)

Thanks for the input

pennylessinindia Sep 15th 2011 3:37 pm

Re: New immigration rules slated for April 2012 question.
 
ILE wlll not be granted. 27 months with KOL wlll be granted if you have lived overseas for 4 years. this is the big question whether they will make everyone go to 5 years. In theory it should be OK but who knows and there may be a transition period. lets hope lots of folk have commented, ILR will be granted after KOL passed


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