Thinking about the future

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Old May 20th 2014, 4:23 pm
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Default Thinking about the future

Just thinking!.....I am aware that the old rules continue to apply to anyone who got their visa, whichever category, before July 2012.

However, can we assume (I doubt we should ever assume anything!) that those of us who apply under the new rules, will continue to be governed by those rules and not any new, new ones that might come into force in the future.

For instance, having applied under the savings route to meet the financial requirements, we will keep the required amount to reapply in two and a half years time. We will not be working so it would be hard to be able to increase that amount. What if "they" decide that the requirement of $62,500 is not enough, increase the threshold and apply it to those of us who have applied under the present rules?

Needless to say, I will be keeping a close eye on any new developments, but given the need to cut down on immigration, I guess nothing is impossible!
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Old May 20th 2014, 4:47 pm
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Default Re: Thinking about the future

Originally Posted by michali
Just thinking!.....I am aware that the old rules continue to apply to anyone who got their visa, whichever category, before July 2012.

However, can we assume (I doubt we should ever assume anything!) that those of us who apply under the new rules, will continue to be governed by those rules and not any new, new ones that might come into force in the future.

For instance, having applied under the savings route to meet the financial requirements, we will keep the required amount to reapply in two and a half years time. We will not be working so it would be hard to be able to increase that amount. What if "they" decide that the requirement of $62,500 is not enough, increase the threshold and apply it to those of us who have applied under the present rules?

Needless to say, I will be keeping a close eye on any new developments, but given the need to cut down on immigration, I guess nothing is impossible!
Hi (again!) Michali. You're right when you say that nothing can be assumed, but although the financial requirements for a spouse visa may well change (upwards or downwards!), I can't imagine that an increase in the financial requirements would be applied retrospectively. I view the spouse visa conditions that your husband (and I) will be subject to as a contract, with the rights and responsibilities that go with that contract. I can't see any way that the UK government would renege on that.

(she says, with her fingers crossed)
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Old May 20th 2014, 5:10 pm
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Default Re: Thinking about the future

Definitely fingers crossed!!!!It would be so unfair but who said they have to be fair?! I am now packing up to relocate and the thought of having to do it again in two and a half years is out of my bounds of possibility!
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Old May 20th 2014, 5:16 pm
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Default Re: Thinking about the future

Originally Posted by michali
Just thinking!.....I am aware that the old rules continue to apply to anyone who got their visa, whichever category, before July 2012.

However, can we assume (I doubt we should ever assume anything!) that those of us who apply under the new rules, will continue to be governed by those rules and not any new, new ones that might come into force in the future.

For instance, having applied under the savings route to meet the financial requirements, we will keep the required amount to reapply in two and a half years time. We will not be working so it would be hard to be able to increase that amount. What if "they" decide that the requirement of $62,500 is not enough, increase the threshold and apply it to those of us who have applied under the present rules?

Needless to say, I will be keeping a close eye on any new developments, but given the need to cut down on immigration, I guess nothing is impossible!
Any changes will not apply retrospectively, just htink how many people would be kicked out if those who got visas under the pre 2012 rules were suddenly expected to comply with current ones. UK laws etc do NOT apply retrospectively, as was found out in the Stuart Hall case where he was arrested under 2013 rules, but could only be sentenced under the laws in place when the incidents occured.
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Old May 20th 2014, 5:20 pm
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Default Re: Thinking about the future

Originally Posted by mikelincs
Any changes will not apply retrospectively, just htink how many people would be kicked out if those who got visas under the pre 2012 rules were suddenly expected to comply with current ones. UK laws etc do NOT apply retrospectively, as was found out in the Stuart Hall case where he was arrested under 2013 rules, but could only be sentenced under the laws in place when the incidents occured.
*michali and sos do a little jig around the lounge room*

Thanks mikelincs
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Old May 20th 2014, 5:27 pm
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Default Re: Thinking about the future

That is encouraging, Mikelincs! It would be really cruel but how desperate will they be in a few years to get rid of us, one way or another! I am going to start thinking positively though. I am overthinking this WAY too much!
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Old May 20th 2014, 5:29 pm
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Default Re: Thinking about the future

This is the response on another forum:

"Yes, you may be worrying about nothing. But rules change all the time and the trend has been to tighten requirements in order to reduce net inflow of migrants. With election looming next year, with immigration a hot political topic, we may expect more vote-grabbing announcements to appease the sceptical electorate. You just have to keep your eyes open and plan accordingly."
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Old May 20th 2014, 9:22 pm
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Default Re: Thinking about the future

Originally Posted by michali
This is the response on another forum:

"Yes, you may be worrying about nothing. But rules change all the time and the trend has been to tighten requirements in order to reduce net inflow of migrants. With election looming next year, with immigration a hot political topic, we may expect more vote-grabbing announcements to appease the sceptical electorate. You just have to keep your eyes open and plan accordingly."
But any new rules will NOT be implemented retrospectively, thats something that has always applied
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Old May 20th 2014, 9:48 pm
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Default Re: Thinking about the future

Thanks mikelincs! You are making me feel better! I have so much stress as it is that when this came to mind, I nearly decided not to relocate at all!!
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Old May 21st 2014, 8:24 am
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Default Re: Thinking about the future

I would be wary of the likely definition of a "rule change". When they completely changed the way the rules worked and created an enitre new section, then there were transitional arrangements.

Something as "banal and simple" as "adjusting the income requirements in line with the cost of living" would quite possibly be done as a direct change to the existing rules and apply to all applications after that date. What that would mean is that if you applied for FLR 1 day earlier than the change , you would have one requirement and one day later another - I doubt any consideration would be taken of whether it was an first, second or third visa application under the new rules.

There is precendent for this with the english language test and KOLL tests - both of which apply to everyone now.
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Old May 21st 2014, 11:08 am
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Default Re: Thinking about the future

Originally Posted by englishguygoinghome
I would be wary of the likely definition of a "rule change". When they completely changed the way the rules worked and created an enitre new section, then there were transitional arrangements.

Something as "banal and simple" as "adjusting the income requirements in line with the cost of living" would quite possibly be done as a direct change to the existing rules and apply to all applications after that date. What that would mean is that if you applied for FLR 1 day earlier than the change , you would have one requirement and one day later another - I doubt any consideration would be taken of whether it was an first, second or third visa application under the new rules.

There is precendent for this with the english language test and KOLL tests - both of which apply to everyone now.
From what I have read on this forum, and reading more about it, the rules stay the same as they were when you made your first application, so the financial requirements will be the same as they were when you first applied, and subsequent changes would only apply to those who applied AFTER the date of the change.
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