Landmark Ruling UK Visa

[brinormeg]

Getting a bit worried about the finances needed for a settlement visa etc...but found this:
The ever-present issue of the required financial position of those wishing to sponsor a non-EEA national for a UK settlement fiancee, partner or marriage visa has taken an interesting turn with the overturning of a previous High Court ruling that meant that third party support was not allowed in settlement visa cases.

The personal nature of the case in question features Ahmed Mahed and others, and overturns the previous ruling that the financial support of the dependant can not come from a third party or outside of the UK. The new ruling means that, as it stands, third party financial support is allowed for applicants and their dependants, for UK marriage visa, UK spousal visa and UK fiancee visa cases. As such, third party financial support is now permissible for fiancees, proposed civil partners, spouses, civil partners and adult children of British citizens and lawful permanent residents.

This decision has far-reaching implications for those applying for a UK settlement visa, as the strict requirements in place prior to this ruling can perhaps be seen as being a little more malleable than before. Although the requirement of not having recourse to public funds certainly still stands, the acceptance that a third party can support the applicant and their dependant, as long as the ‘sponsor’ is settled in the UK, seems to be the key difference and, so as long as the funds are available and provable, there may be a greater flexibility in this particular area of the UK family visa requirement.

The ruling did, however, make it very clear that this decision, while in many ways a landmark judgement, still means that future decisions will be made on their own merits, with the financial situation of all applicants being subject to scrutiny. Resting on the important phrase ‘with no recourse to public funds’, UK marriage visa and/or dependant visa applicants and their sponsors need to provide all manner of paperwork, including bank statements, payslips and other proof of financial status.

It is important to clarify that those public funds that the sponsor is legally entitled to will remain, and although proposed budgetary cuts may see changes in this area, there has been no announcement or even hint that this is the case here. In some exceptional cases, those applying for UK marriage visas or UK spouse visas may be allowed to join their family in the UK, but it is clear that any sponsor that leans heavily on the state will not be in a position to support another person, so these cases will likely remain as prior to this judgement.

When the initial judgement was made by the Asylum and Immigrations Tribunal, ruling that third party was not allowed, it was seen as a situation that was ripe for overturning, so while this decision is not a surprise, it is certainly an extremely important change in the UK settlement visa application process.

[brinormeg]

Also found this...not sure what the status of this rule is now:

UK Immigration: Changes to Rules for Third Party Support
In a recent ruling, the Asylum and Immigration Tribunal, also known as the AIT, have decided that third party support will no longer be enough to meet the financial requirements for immigration approval on settlement applications made under the spouse and dependent children visa categories.

In the past, UK sponsors and those applying for a UK spouse, partner, fiancee or relative visa had to demonstrate that they were capable of meeting their financial needs independently, without relying on public funds. However, if did not meet these requirements, but had a relative or close friend who was willing to help the immigrant, that was often enough to meet the criteria and allow the immigration process to proceed smoothly.

It remains to be seen whether the Court of Appeal will overturn this decision. If this decision is upheld, however, there are serious implications for sponsors and immigrants. For example, if you acting as a sponsor for an immigrant attempting to obtain a UK spouse, partner or dependent child visa, this ruling means that you and your wife, husband or de facto partner must prove you are capable of fully supporting yourselves, without relying on either public funds or someone else’s financial support.

At this point, it is unclear whether the restrictions on third party support will also apply to those attempting to obtain a fiancee visa to gain entry into the UK. Although the AIT’s decision applies specifically to spouse and dependent child visas, the rules for entry into the UK are quite similar for fiancee applicants. Because of this, it is quite likely that the new requirements and restrictions will affect individuals seeking fiancee visas as well.

It could also affect immigrant parents currently residing in the UK who are attempting to bring their children over to join them in the UK. Even if another relative or friend has offered to help you meet the financial requirements for an immigrant visa, this may no longer be enough under UK immigration law.

Finally, there are those who rely on financial support from family members who have settled in the UK. Previously, this reliance on loved ones who had immigrated to the UK was often enough to meet the financial requirements for visa approval. However, under the new rules, the applicant will have to prove that their only possible means of support is that received from their loved ones currently residing in the UK.

UK immigration law, particularly fiancee, spouse, partner and relative visas, just got a whole lot tougher. Stay tuned for more details on these new restrictions for UK sponsors and intending immigrants.

[grahamw48]

If they (rules) hadn't been widely flouted, abused and 'scammed' by certain immigrant communities there would have been no need for any 'tightening'.

One would have thought rules would have been stricter for fiancees because they are not permitted to work.

[brinormeg]

If they (rules) hadn't been widely flouted, abused and 'scammed' by certain immigrant communities there would have been no need for any 'tightening'.

One would have thought rules would have been stricter for fiancees because they are not permitted to work.

Yeah didnt really understand why the same policy covers both the marriage and fiancee one!
My wife to be in a few weeks has a job to start as soon as she gets back here at the same company as me, and her parents are going to also be a 3rd sponsor in case there is a problem. So hopefully things be ojk for us!

[joebloggs]

A couple or other applicant who is / are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple / applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he / she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets.

http://www.ukba.homeoffice.gov.uk/po...dance/ecg/maa/

3rd party support still stands for spouses.

[brinormeg]

Hi there, thanks alot...feel a bit more confident about things now. A handy link to see the guidlines they SHOULD be following