New Immigration Law for Spouse/ Family based immigration
#76
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Immigration Law for Spouse/ Family based immigration
I would have thought (and it's just my guess) that as they say rule changes for family settlement will start in April 2012 (I guessing about 5th or 6th), then those who apply for this visa after that date, will have to comply with the new rules. Keep looking at the UKBA site, to see the new rules.
I think Americans can pay for a premium(?)/fast visa and if the visa is straight forward, they get this within days? Others on this site who have taken this route from the US, will be able to help you on this.
Last edited by formula; Oct 12th 2011 at 9:21 pm.
#77
Re: New Immigration Law for Spouse/ Family based immigration
I would have thought you might have longer than 4 weeks to do all that once you have the visa, as I don't think the rules changes will apply to those who have already entered the UK on the relevant visa? Will they? At least, that's not how they seem to be altering the other settlement visas afaik.
I would have thought (and it's just my guess) that as they say rule changes for family settlement will start in April 2012 (I guessing about 5th or 6th), then those who apply for this visa after that date, will have to comply with the new rules. Keep looking at the UKBA site, to see the new rules.
I think Americans can pay for a premium(?)/fast visa and if the visa is straight forward, they get this within days? Others on this site who have taken this route from the US, will be able to help you on this.
I would have thought (and it's just my guess) that as they say rule changes for family settlement will start in April 2012 (I guessing about 5th or 6th), then those who apply for this visa after that date, will have to comply with the new rules. Keep looking at the UKBA site, to see the new rules.
I think Americans can pay for a premium(?)/fast visa and if the visa is straight forward, they get this within days? Others on this site who have taken this route from the US, will be able to help you on this.
Logically, what you said makes sense as anyone who have or will received their "Entrance Visa" for 27 months period by March 2012, in principal, will be treated with current rules for settlement visa once in the country. As I am sure there are many who, both inside and outside the UK, have either already obtained Entrance Clearance visa to travel by Mar 2012 or their 24 months probation period ends in April/ May 2012, where they are then eligible for ILR. Although I am a little skeptical for the former where the Govt. may enforce new rules for anyone who obtained their Entrance Visa for 27 months to travel in Feb/March 2012.
In response to your question, yes there is a premium service which costs approx. $300 which can help in obtaining Entrance Visa within 15 days for straight forward applications.
#78
Re: New Immigration Law for Spouse/ Family based immigration
In order for you wife to sit the LITUK test, she will need proof of address, preferably a utility bill or council tax bill. You need to factor in the amount of time it will take to obtain this. After we moved into our flat, it took about 2 weeks to get our council tax bill, IIRC.
Also, don't necessarily count on being grandfathered in under the old rules. Apparently there were changes that were made this past year that did not allow for any grandfathering in, so it was immediately effective. Let's just hope they do decide on grandfathering in people under the existing rule as long as they enter before a certain date.
Also, don't necessarily count on being grandfathered in under the old rules. Apparently there were changes that were made this past year that did not allow for any grandfathering in, so it was immediately effective. Let's just hope they do decide on grandfathering in people under the existing rule as long as they enter before a certain date.
#79
Re: New Immigration Law for Spouse/ Family based immigration
In order for you wife to sit the LITUK test, she will need proof of address, preferably a utility bill or council tax bill. You need to factor in the amount of time it will take to obtain this. After we moved into our flat, it took about 2 weeks to get our council tax bill, IIRC.
Also, don't necessarily count on being grandfathered in under the old rules. Apparently there were changes that were made this past year that did not allow for any grandfathering in, so it was immediately effective. Let's just hope they do decide on grandfathering in people under the existing rule as long as they enter before a certain date.
Also, don't necessarily count on being grandfathered in under the old rules. Apparently there were changes that were made this past year that did not allow for any grandfathering in, so it was immediately effective. Let's just hope they do decide on grandfathering in people under the existing rule as long as they enter before a certain date.
We are planning open a joint account at our local bank in the UK (I already have an account with them) and get an official receipt/ letter with my wife and my name on it wit the registered UK address, which is what we will take to the LITUK test. I am not sure if we can add her to council tax or utility bill as we will be staying with my mother with whom we will stay after landing in the UK. (We are hoping to apply under 4+ year marriage rule)
I believe the new rules proposed, according to the official Govt. consultation document, will not be made effective before April 2012. So how they may enforce something that is not mentioned in the application form will make no sense unless the application form (SET(M) etc) are updated before April 2012.
#80
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: New Immigration Law for Spouse/ Family based immigration
I believe the new rules proposed, according to the official Govt. consultation document, will not be made effective before April 2012. So how they may enforce something that is not mentioned in the application form will make no sense unless the application form (SET(M) etc) are updated before April 2012.
From July this year, many international students have been stopped from bringing all their dependants with them. Those students who applied for a visa for themselves and their dependants before July, have been able to bring their dependants with them; whereas those that didn't, can't.
For those students who applied for an extension to their visa and already had their dependants in the UK, they were allowed to extend their dependants visas too.
Last edited by formula; Oct 13th 2011 at 9:24 am.
#81
Re: New Immigration Law for Spouse/ Family based immigration
Can anyone cast any clearer interpretation of what this might mean for us?
I'm the Brit, husband is Australian. He's the main bread-winner. I earn peanuts.
So long as he can get a job in the UK, (or has enough super to live off) we should be allowed to go back to live in the UK if we want to... right?
Please say yes.
I'm the Brit, husband is Australian. He's the main bread-winner. I earn peanuts.
So long as he can get a job in the UK, (or has enough super to live off) we should be allowed to go back to live in the UK if we want to... right?
Please say yes.
#82
Forum Regular
Joined: Feb 2004
Posts: 85
Re: New Immigration Law for Spouse/ Family based immigration
This sucks! If this goes through then I guess we are not moving back to the UK Will there be a chance for a co-sponsor? if you don't earn the required income.
#83
Forum Regular
Joined: Feb 2004
Posts: 85
Re: New Immigration Law for Spouse/ Family based immigration
Never mind I just answered my own question. If this is the case and there will be no co-sponsor then there's no hope for us. I don't make that kinda of money it sucks cause my husband would make over that if he got a job over there. Guess I should start saving for more vacations to the UK instead.
#84
Re: New Immigration Law for Spouse/ Family based immigration
Never mind I just answered my own question. If this is the case and there will be no co-sponsor then there's no hope for us. I don't make that kinda of money it sucks cause my husband would make over that if he got a job over there. Guess I should start saving for more vacations to the UK instead.
#85
Banned
Joined: Sep 2010
Posts: 1,830
Re: New Immigration Law for Spouse/ Family based immigration
Maybe the real objective is to keep out immigrants? A politician would not or could not say that for fear of being called a racist but the new proposed policy speaks for it self. If stopping the abuse of benefits were the main concern why not toughen up measures to safe guard them. Instead, the focus seems to be to stop low to average wage earners, from bringing in foreign born spouses. I think the law has two goals and it was designed to work that way.
Such a high income threshold can definitely be discriminatory against people who are retired. Take the example of a UK citizen who's worked abroad and has enough assets to buy a house in the UK. They want to move back to the UK with their spouse. Their housing costs are relatively minimal (no mortgage or rent) but their retirement income is less than UK average earnings. But so are their living expenses in this scenario.
Imo, it's far preferable to have a relatively low bar for income but to preclude an immigrant from claiming government benefits for a set period of time. This reduces the possibility of unfairness and achieves the objective of not having the government end up supporting new immigrants.
Imo, it's far preferable to have a relatively low bar for income but to preclude an immigrant from claiming government benefits for a set period of time. This reduces the possibility of unfairness and achieves the objective of not having the government end up supporting new immigrants.
#86
Lost in BE Cyberspace
Joined: Jan 2006
Location: San Francisco
Posts: 12,865
Re: New Immigration Law for Spouse/ Family based immigration
Maybe the real objective is to keep out immigrants? A politician would not or could not say that for fear of being called a racist but the new proposed policy speaks for it self. If stopping the abuse of benefits were the main concern why not toughen up measures to safe guard them. Instead, the focus seems to be to stop low to average wage earners, from bringing in foreign born spouses. I think the law has two goals and it was designed to work that way.
#87
Forum Regular
Joined: Feb 2004
Posts: 85
Re: New Immigration Law for Spouse/ Family based immigration
Are low to average wage earners less deserving of being able to live in the UK with a foreign spouse? Because that is what this proposed policy implies, given it ignores the income of the foreign spouse. As i said before, I don't see how this could stand a court challenge.
#88
Back from India
Joined: Jun 2006
Location: UK
Posts: 793
Re: New Immigration Law for Spouse/ Family based immigration
I think it is shutting the stable door after the horse has bolted type thing.
Huge errors in the past and lots of abuse from other categories and now having closed every door this is the last one they can think of to get the numbers down.
Sure after of few years they will realise they have shut some wrong doors and they will have to open some again.. Must be a hard life being an MP
Huge errors in the past and lots of abuse from other categories and now having closed every door this is the last one they can think of to get the numbers down.
Sure after of few years they will realise they have shut some wrong doors and they will have to open some again.. Must be a hard life being an MP
#89
Re: New Immigration Law for Spouse/ Family based immigration
My partner (British) and I (Canadian) are looking to move back to the UK and trying to get in before the new 5-year probation law is put into effect (I'm operating under the assumption that it will go through in April 2012, as proposed). Because neither WorldBridge nor UKBA nor the British High Commission will comment (as they will not comment on proposals, only laws), I'm hoping my fellow panicking would-be immigrants in this thread can help.
Our current plan is for me to obtain a Youth Mobility Scheme visa, enter the UK in February/March 2012, immediately get married, and then apply in person for a spouse visa before 1 April 2012. According to our research, this is the cheapest and fastest way in. (I looked into getting a fiancee visa first, but it's £850 and doesn't allow me to work! The YMS visa is £150 and does allow me to work, and allows me to switch to a spouse/unmarried partner visa.)
Can anyone spot a flaw in our plan? Should we be planning to get there sooner? Are there documents I should be preparing now? (We've looked into just getting the legal marriage done here in Canada first, but it takes up to 3 months to get the marriage certificate, then I'd have to apply by post from outside the UK . . . by the time it all gets approved, it could be well into/past April 2012.)
[rant] We'd be eligible for unmarried partner status--our preferred way to deal with the immigration situation--in June 2012. We're *really* annoyed that we're going to have to get legally married just a few months prior to avoid an extra 3 years of probation for me. [/rant]
Our current plan is for me to obtain a Youth Mobility Scheme visa, enter the UK in February/March 2012, immediately get married, and then apply in person for a spouse visa before 1 April 2012. According to our research, this is the cheapest and fastest way in. (I looked into getting a fiancee visa first, but it's £850 and doesn't allow me to work! The YMS visa is £150 and does allow me to work, and allows me to switch to a spouse/unmarried partner visa.)
Can anyone spot a flaw in our plan? Should we be planning to get there sooner? Are there documents I should be preparing now? (We've looked into just getting the legal marriage done here in Canada first, but it takes up to 3 months to get the marriage certificate, then I'd have to apply by post from outside the UK . . . by the time it all gets approved, it could be well into/past April 2012.)
[rant] We'd be eligible for unmarried partner status--our preferred way to deal with the immigration situation--in June 2012. We're *really* annoyed that we're going to have to get legally married just a few months prior to avoid an extra 3 years of probation for me. [/rant]
#90
Just Joined
Joined: Feb 2006
Posts: 7
Re: New Immigration Law for Spouse/ Family based immigration
Maybe the real objective is to keep out immigrants? A politician would not or could not say that for fear of being called a racist but the new proposed policy speaks for it self. If stopping the abuse of benefits were the main concern why not toughen up measures to safe guard them. Instead, the focus seems to be to stop low to average wage earners, from bringing in foreign born spouses. I think the law has two goals and it was designed to work that way.