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Thread: Stark choice under new immigration rules: exile or family breakup

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  1. #1
    Moderator joebloggs's Avatar
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    this is how crazy it is, if you've got 2 kids and you cant apply for a settlement visa for the wife because your income is not £49k a year, if the kids are British, there is nothing to stop bringing them to the UK and you claiming tax credits and if you work the child care element of tax creds to look after the kids while you work ( the gov/taxpayer will pay 75% of the childcare) so infact your claiming benefits that you might not be claiming if your wife was here
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    Quote Originally Posted by joebloggs View Post
    this is how crazy it is, if you've got 2 kids and you cant apply for a settlement visa for the wife because your income is not £49k a year, if the kids are British, there is nothing to stop bringing them to the UK and you claiming tax credits and if you work the child care element of tax creds to look after the kids while you work ( the gov/taxpayer will pay 75% of the childcare) so infact your claiming benefits that you might not be claiming if your wife was here


  3. #3
    Moderator joebloggs's Avatar
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    lets hope its

    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  4. #4
    Respected Member Iani's Avatar
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    What this government needs to know, and that applies to any government, is that there is no shame in making a U-turn.
    It's being man enough to say we made a mistake and doing something about it, instead of being like little kids and running around saying but it will work eventually.

    Pasty tax indeed now that nearly could have led to a revolution


  5. #5
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    Quote Originally Posted by Iani View Post
    Pasty tax indeed now that nearly could have led to a revolution


  6. #6
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    As stated earlier today by moderator Joe, these proposals will not be going through parliament.
    SO there would be no point in signing the petition then?


  7. #7
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    Quote Originally Posted by yellowcloud View Post
    SO there would be no point in signing the petition then?
    No harm though....its not costing you anything


  8. #8
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    Does anyone know how long the rule was in force for which banned anyone under 21 from applying for a spouse visa before it was over turned? I have had some say 3 months and some say 3 years?


  9. #9
    Moderator joebloggs's Avatar
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    Quote Originally Posted by yellowcloud View Post
    Does anyone know how long the rule was in force for which banned anyone under 21 from applying for a spouse visa before it was over turned? I have had some say 3 months and some say 3 years?
    27th Nov 2008 it was raised to 21,
    28th Nov 2011 it was lowered to 18 again.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  10. #10
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    So they would deport your wife when it comes to apply for ILR?


  11. #11
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by yellowcloud View Post
    So they would deport your wife when it comes to apply for ILR?
    Nope ... she already HAS ILR.

    (Thank God!)


  12. #12
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    27th Nov 2008 it was raised to 21,
    28th Nov 2011 it was lowered to 18 again.
    Thanks, so thats how long it could take to change the law on the maintenance requirement if it was challenged then too :(


  13. #13
    Moderator joebloggs's Avatar
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    Quote Originally Posted by yellowcloud View Post
    Thanks, so thats how long it could take to change the law on the maintenance requirement if it was challenged then too :(
    i dont think it effected many people, a couple of people on here, it was aimed at stopping arranged marriages.

    i think the numbers effected by a minimum income will be a lot larger, Mac reports suggest upto 60% could be effected a much larger figure than those effected by the minimum age.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  14. #14
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    Quote Originally Posted by joebloggs View Post
    i dont think it effected many people, a couple of people on here, it was aimed at stopping arranged marriages.

    i think the numbers effected by a minimum income will be a lot larger, Mac reports suggest upto 60% could be effected a much larger figure than those effected by the minimum age.
    Not only that but these were people who were not already in the country! RIght?

    What about couples who applied for a fiance visa at the age of 18, then the age limit changed to 21 after they applied for the Fiance Visa and then when they applied for FLR, and they were still 18 were they then deported? As that would be similar to a couple who apply for a Fiance visa who meet the current regulations but then do not meet them when they apply for the FLR right?


  15. #15
    Moderator joebloggs's Avatar
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    Quote Originally Posted by yellowcloud View Post
    Not only that but these were people who were not already in the country! RIght?

    What about couples who applied for a fiance visa at the age of 18, then the age limit changed to 21 after they applied for the Fiance Visa and then when they applied for FLR, and they were still 18 were they then deported? As that would be similar to a couple who apply for a Fiance visa who meet the current regulations but then do not meet them when they apply for the FLR right?
    http://www.freemovement.org.uk/2011/...-on-age-alone/

    no i dont think anyone would be deported, as they had 'entry clearance' to come into the UK when they got their fiancee visa, i dont think there was anything on the FLR(M) stating you had to be over 21.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  16. #16
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    Lets just hope that these will only apply to new applications from out of country, not in country applications such as FLR and ILR.


  17. #17
    Respected Member malditako's Avatar
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    i wonder when this new propose rule would be implemented...hope not just yet as i am going to post my ILR on friday. Income wise we're not affected by this but 5 years on FLR is not so good


  18. #18
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by gparry2007 View Post
    i wonder when this new propose rule would be implemented...hope not just yet as i am going to post my ILR on friday. Income wise we're not affected by this but 5 years on FLR is not so good
    Relax, Grace ... any new rules of this sort are UNLIKELY to affect people like yourself - who've been living here for the past 2 years.

    Goodluck with your ILR.


  19. #19
    Respected Member malditako's Avatar
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    Quote Originally Posted by Arthur Little View Post
    Relax, Grace ... any new rules of this sort are UNLIKELY to affect people like yourself - who've been living here for the past 2 years.

    Goodluck with your ILR.
    :
    thanks sir arthur...such a great relief to know


  20. #20
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    any new rules of this sort are UNLIKELY to affect people like yourself - who've been living here for the past 2 years.
    Hmm but for me who has a Fiance on a Fiance Visa and will be applying for her FLR in September???


  21. #21
    Moderator joebloggs's Avatar
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    your right DeltaRomeo, many visit visa's are refused because of the ECO doesn't believe this or that, and as she is not a family member you have limited rights to appeal, also if you've been refused twice then there is a good chance the 3rd will be refused, how can you convince someone that you will return before your visa expires, its impossible, and at the discretion of the ECO, they always have an excuse to refuse you no matter what evidence you send.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  22. #22
    Moderator joebloggs's Avatar
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    this is more like what the headline should be,

    New immigration clampdown demands £20,000 salary for Brits to marry a foreigner

    British citizens who marry foreigners will have to earn at least £20,000 a year if they want to set up their family home in the UK under a new immigration clampdown.

    The planned changes mean lower-paid Britons would be forced to emigrate if they wanted to live with a loved one from overseas.

    And if the foreign-born spouse had children, their British partner would have to earn £30,000 or more, depending on how many children they had.

    They will also have to pass a strict new 'combined attachment test' to prove they share a genuine loyalty to Britain, not another country, and they will remain on probation for five years instead of the current two.

    The proposals, to be announced by Home Secretary Theresa May, are expected to cut immigration, currently standing at 250,000 a year, by 25,000.

    They are designed primarily to combat claims that some foreigners are marrying Britons to take advantage of the UK's generous welfare system.

    The new clampdown will not apply to partners from within the European Union, as they will continue to have the right to settle here.

    "There is little we can do to stop them claiming benefits but we can implement better controls on people who come here to marry in the first place."

    Read more: http://www.dailymail.co.uk/news/arti...#ixzz1xMjd4L7S


    as a British citizen you dont have the same rights as Europeans living in your country , they can still bring their wife and kids here without a problem

    little you can do to stop them claiming benefits ? what planet is this gov spokesman on ? if they are not allowed to claim the benefits prosecute them, if they are allowed to claim the benefit then they have a legal right to, so what are they talking about yes they have a legal right to claim whatever benefits (what benefits ?? they never name what these benefits are !) so to stop them using thier legal right to claim them, we will just not let them get into the UK !
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  23. #23
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    Quote Originally Posted by joebloggs View Post
    this is more like what the headline should be,

    New immigration clampdown demands £20,000 salary for Brits to marry a foreigner

    British citizens who Eeeeeeeeeeeeeeeeeeeeee marry foreigners will have to earn at least £20,000 a year if they want to set up their family home in the UK under a new immigration clampdown.

    The planned changes mean lower-paid Britons would be forced to emigrate if they wanted to live with a loved one from overseas.

    And if the foreign-born spouse had children, their British partner would have to earn £30,000 or more, depending on how many children they had.

    They will also have to pass a strict new 'combined attachment test' to prove they share a genuine loyalty to Britain, not another country, and they will remain on probation for five years instead of the current two.

    The proposals, to be announced by Home Secretary Theresa May, are expected to cut immigration, currently standing at 250,000 a year, by 25,000.

    They are designed primarily to combat claims that some foreigners are marrying Britons to take advantage of the UK's generous welfare system.

    The new clampdown will not apply to partners from within the European Union, as they will continue to have the right to settle here.

    "There is little we can do to stop them claiming benefits but we can implement better controls on people who come here to marry in the first place."

    Read more: http://www.dailymail.co.uk/news/arti...#ixzz1xMjd4L7S


    as a British citizen you dont have the same rights as Europeans living in your country , they can still bring their wife and kids here without a problem

    little you can do to stop them claiming benefits ? what planet is this gov spokesman on ? if they are not allowed to claim the benefits prosecute them, if they are allowed to claim the benefit then they have a legal right to, so what are they talking about yes they have a legal right to claim whatever benefits (what benefits ?? they never name what these benefits are !) so to stop them using thier legal right to claim them, we will just not let them get into the UK !
    Honestly Joe You are confusing the issues here...whether we like it or not, the new europeans are now ours brothers and sisters.

    Really, you should stop beating yourself up thinking about it....

    As for the 20k base stated by the mail...thats not unreasonable....example Imagine, like most of us sending monies back home....a regular amount...then they ask for a little bit more, reason given to you is the one of the out of work brother's has got a girlfriend with kids.

    I guess you'd feel pretty miffed to say the least.


  24. #24
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    Do you think they could make a transitional arrangement for this though? Ie you meet the requirements when applying for the Fiance Visa - new rules come in - you apply for FLR - you are still bound by the rules that were in place when you first applied for the FIance Visa?


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    Quote Originally Posted by yellowcloud View Post
    Do you think they could make a transitional arrangement for this though? Ie you meet the requirements when applying for the Fiance Visa - new rules come in - you apply for FLR - you are still bound by the rules that were in place when you first applied for the FIance Visa?
    Yellowcloud, I would imagine it will be like when life in the uk test was introduced...ie..will only effect totally new applicants....those already with spouse, flr I cant see for one moment being affected. You got your now wife under the rules they set...when you apply flr you are just providing proof that you are upholding there rules.

    Easy for me to say but, going by the last changes in requirements and how it was handled ie for new applicants on a certain date, you dont have nothing to worry about


  26. #26
    Moderator joebloggs's Avatar
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    Quote Originally Posted by gWaPito View Post
    Honestly Joe You are confusing the issues here...whether we like it or not, the new europeans are now ours brothers and sisters.
    .
    why am i confusing issues it does not effect Europeans living in the UK, yet it effects British citizens, might be fair to you, that isn't to me

    why doesn't it effect Europeans, because the gov can't restrict them, yet they can do this to citizens of this great country . not very fair is it
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  27. #27
    Moderator joebloggs's Avatar
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    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  28. #28
    Respected Member Iani's Avatar
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    Wouldn't know Yellowcloud, but really, being logical and sensible, can you really REALLY see them deporting your wife? Whose now lived her a couple of years, maybe has British children and is very likely working?

    I am no expert, but I just can't imagine them doing it. Besides, this government is so out in 3 years time


  29. #29
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    Iani, thanks for that. Yes but my Fiance would have only been here a couple of months on the Fiance Visa and then we marry here, then apply for the FLR right after we marry, so in total she would have only been here for a couple of months. Would be a lovely Wedding gift by the UKBA, right after we get married and apply for FLR they then deport her :(


  30. #30
    Respected Member Iani's Avatar
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    Oh sorry, that's me not reading it properly - FLR not ILR. My mind really isn't there at the moment (long story, you can possibly guess part of it).

    Well, this isn't much use I'm guessing, but one thing unanswered is just when these will come in. Theres no reason they wouldn't implement them in a months time as some rule changes are, or they might schedule them all for in the new year, if more planning is needed, or if they think it would be prudent to put out to the mps and wait for legal advice.

    If I was the government, the latter is exactly what I'd do, as I would look a complete plank if my wonderful new plans got torn to bits by the legal people - and let's face it. Ms May is on already thin ice with her career, you'd think she would handle this one cautiously.

    However, since when did governments behave logically. If we made the same mistakes they can we'd be fired and most likely in the dock for gross misconduct - and this goes for all governments, Black Wednesday, Gordon's famous let's sell the gold and invest in Euros fiasco etc.

    Wish I could put your mind at rest, but


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