IMPORTANT READ THIS 'Statement of intent: Family migration'

[joebloggs]

for some people not what they wanted to see straight from the horses mouth..


Today (11 June 2012) the Government has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life.

Most of these changes will apply to new applicants from 9 July 2012.

The changes are part of the Government's programme of reform of the immigration routes and follow wide consultation and expert advice from the Migration Advisory Committee. The changes include:

introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and
restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.

http://www.ukba.homeoffice.gov.uk/si...mily-migration

[joebloggs]

talk about information overload
some points i noticed, thou i've probably missed some, the EXAMPLE SCENARIOS FOR A FINANCIAL REQUIREMENT OF £18,600 (page 53) are interesting.

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

A partner, child or adult dependent relative who has been granted, or who has applied for, leave to enter or remain in the UK on the family route (or a partner of a migrant with leave under the Points Based System) before 9 July 2012 will remain subject to the rules in force prior to that date. They will be able to reach settlement in the UK (including those granted or who have applied for leave as a fiancé(e) or proposed civil partner) if they qualify for it under the rules in force prior to 9 July 2012, subject to the requirement from October 2013 to pass the Life in the UK test and to present an English language speaking and listening qualification at B1 level or above to qualify for settlement.

A child joining parents who both have settled status in the UK will not be subject to the financial requirement (income threshold) and will continue to get settlement on arrival (indefinite leave to enter).



48.
If an applicant fails only the knowledge of language and life in the UK requirement at the indefinite leave to remain stage, they will be granted further leave of 30 months to allow them more time to evidence they meet the requirement, at which point they can immediately apply for indefinite leave to remain if they continue to meet the other requirements.

50.
An applicant for further leave or indefinite leave to remain on the five year family route who fails the new financial requirement will be granted further leave on the 10 year route if they qualify for it on Article 8 grounds. If they applied within 28 days of the expiry of their extant leave, their time on the five year route will count towards the 10 year route. If an applicant for further leave or indefinite leave to remain on the five year route has overstayed by more than 28 days, they will have broken their continuous leave and their time on that route will not count towards the 10 year route if they qualify for it.

55.
In assessing the best interests of the child, the question in immigration cases where a child would have to leave the UK as a consequence of the decision to remove their parent, is whether it is reasonable to expect the child to live in another country. The new Immigration Rules set out a clear framework for weighing the best interests of the child against the wider public interest in removal cases. The best interests of the child will normally be met by remaining with their parents and returning with them to the country of

73.
The Migration Advisory Committee recommended that the minimum gross annual income for sponsoring a partner, without dependants, should be set at between £18,600 (the level at which in most cases a couple receive no income-related benefits) and £25,700 (the level at which the sponsor is a net contributor to the public finances).

75.
This new financial requirement, which will apply to a grant of six months’ leave as a fiancé(e) or proposed civil partner and to the five year route to settlement as a spouse, civil partner, unmarried partner or same sex partner, will replace the existing maintenance requirement for those routes in the Immigration Rules, which under case law14 operates, after housing costs have been deducted, at the equivalent of Income Support levels. That existing requirement will apply where the applicant is exempt from the new financial requirement because their sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance.

79.
The Government is not looking to draw up a personal financial balance sheet for each sponsor (outgoings, credit card and other debts, mortgage, etc), but taking £18,600 as a benchmark for financial stability and independence on the part of the sponsor or the couple. We recognise that their circumstances may change over time, so they will be reassessed when the applicant applies for further leave to remain and for indefinite leave to remain (settlement).

80.
The Government expects to review the level of the financial requirement (minimum income threshold) annually. In doing so it will take into account the roll-out from October 2013 of Universal Credit, which will replace income-related benefits and Working Tax Credit, as this change may also have an impact on the level at which the financial requirement is set.

81.
The existing maintenance requirement for partners will be replaced by a financial requirement based in most cases on the sponsor’s earnings from employment (or those of the sponsor and applicant where both are in the UK). We will require a minimum gross annual income of £18,600 (or the relevant higher figure where a child or children under the age of 18 are also being sponsored), which can also include the sponsor and applicant’s non-employment and pension income and income from certain contributory benefits. There will be scope for cash savings above £16,000 (the level generally disqualifying a person from income-related benefits) to be used to meet all or part of the financial requirement, if they have been held by the sponsor or applicant for at least six months and are under their control


82.
At each stage, the applicant will be able to meet the financial requirement through one or more of:
•
Income from employment or self-employment of the sponsor (and/or the applicant if they are in the UK with permission to work).
•
Specified non-employment income of the sponsor and/or applicant.
•
State (UK or foreign) or private pension of the sponsor and/or applicant.
•
Any Maternity Allowance and bereavement benefits received in the UK by the sponsor and/or applicant.
•
Cash savings of the sponsor and/or applicant, above £16,000, held by the sponsor and/or applicant for at least six months and under their control.

•
Exemption from the financial requirement, where the sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance in the UK.



e.
We will not take into account the previous, current or prospective employment and earnings, or any job offer, of the migrant applicant at the entry clearance stage. Employment overseas is no guarantee of finding work in the UK. The family route is not the primary immigration route for a migrant partner coming here with employment: with an appropriate job offer, they can apply under Tier 2 of the Points Based System. Those using the family route to come to the UK must be capable of being independently supported by their sponsor and/or by their joint cash savings or non-employment income.

f.
Where or once the migrant applicant is in the UK with permission to work, we will take their earnings from employment here into account. If the applicant is already in the UK with permission to work on another migration route, or once they are here with such permission as a spouse, civil partner, unmarried partner or same sex partner on the family route, it is appropriate that their earnings from employment here should be counted towards the financial requirement. This will apply at the leave to remain, further leave to remain and indefinite leave to remain stages in the UK.

g.
We will take into account the sponsor and the applicant’s non-employment income (e.g. from rents, interest on savings, dividends from investments), any State (UK or foreign) or private pension, and any Maternity Allowance and bereavement benefits they receive in the UK. Any such income can be paid into an account(s) in the name of the sponsor, the applicant or both jointly, held in a regulated financial institution not on the list of excluded institutions under the rules which apply under the Points Based System.

l.
The amount of cash savings above £16,000 can be counted against any shortfall against the £18,600 income threshold (or the relevant higher figure where a child or children are also being sponsored). This will be done on a basis that either multiplies the amount of the shortfall by 2.5 – the probationary period (30 months or 2.5 years) to be served before the applicant has to apply for further limited leave or for indefinite leave to remain – or, at the indefinite leave to remain stage, is equal to the amount of the shortfall.
For example, where the sponsor and applicant have no income which may be counted towards the financial requirement, £62,500 in cash savings will be required for the financial requirement to be met at the entry clearance/leave to remain stage or at the further leave stage, i.e. the ‘floor’ amount of £16,000, plus 2.5 times the shortfall of £18,600. At the indefinite leave to remain stage, the same couple will require £34,600 in cash savings to meet the financial requirement by that means alone, i.e. the ‘floor’ amount of £16,000, plus the shortfall of £18,600.

m.
We will not accept promises of support from third parties. We want the sponsor or the couple to demonstrate sufficient, independent financial standing, with adequate resources under their own control not somebody else’s. At (l) above, cash savings above £16,000 now under the sponsor or applicant’s control can have originated from a third party, such as a parental gift, but these must be real resources for the couple to use as they see fit, not a loan and not an undertaking that a parent will continue to subsidise the couple or step in with money if they need it. Promises of support from a third party are vulnerable to a change in another person’s circumstances or in the sponsor or applicant’s relationship with them: that is not the basis for a sustainable system. Accommodation, which is a matter of personal choice (provided it meets the adequacy requirement under the rules, which means that it does not breach the statutory overcrowding definition), can still be provided by a third party.

91.
An applicant whose sponsor is in receipt of any of the following disability-related benefits will be exempt from the financial requirement in respect of that application stage:
•
Disability Living Allowance.
•
Severe Disablement Allowance.
•
Industrial Injuries Disablement Benefit.
•
Attendance Allowance.
•
Carer’s Allowance.

105.
The probationary period before spouses, civil partners, unmarried partners and same-sex partners can apply for settlement on the family route will be extended from two years to a minimum of five years, as a proportionate means of testing the genuineness of the relationship on the basis of which settlement in the UK is sought. The five year family route will involve two periods of leave of 30 months (in entry clearance cases, an initial period of 33 months will be granted to allow time for the applicant to make the necessary arrangements to travel to the UK), plus a third application for indefinite leave to remain.

The minimum income threshold for sponsoring the settlement in the UK of a non-EEA fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner or child; the minimum probationary period of five years for settlement for all non-EEA partners; and the changes for non-EEA adult dependent relatives, will apply to all new applications to join the family route made on or after 9 July 2012.

A fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, child or adult dependant with leave to enter or remain in the UK on the family route granted before 9 July 2012 will remain subject to the rules in force prior to that date. Likewise, those with leave granted before 9 July 2012 as a partner of a migrant with leave under the Points Based System, or as an adult dependant or post-flight family member of a refugee or person granted humanitarian protection in the UK, will also remain subject to the rules in force prior to that date.
•
All the above categories will be eligible to apply for settlement in the UK (including those granted leave as a fiancé(e) or proposed civil partner) under the rules in force before 9 July 2012, subject to the requirement below from October 2013 to pass the Life in the UK test and for B1 level English to qualify for settlement. In particular, this means that the new financial requirement (income threshold) and the new minimum probationary period of five years for partners will not apply; the existing maintenance requirement (including for any dependent child accompanying them or who applies to join them in the UK) and the existing two year probationary period will continue to apply to those already on these routes.

Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date will, if they qualify for it, be granted leave under those rules and will continue to be dealt with under those rules through to indefinite leave to remain if they qualify for it (including those who have applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement from October 2013 to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above to qualify for settlement. The new criminality thresholds will also apply to such cases.

[lastlid]

Phew. I will need to come back to this later..... Got to get to work.

[mickcant]

Seems very complicated
At a first glance.
Mick.

[Terpe]

That's a big read
Better take some time out to understand.

[Bluebirdjones]

Lots to digest, but initial points that jump out at me are:
We will not accept promises of support from third parties

and
although there's reference to people ...... whose sponsor is in receipt of any of the following disability-related benefits will be exempt from the financial requirement in respect of that application stage there's no direct reference to the status of pensioners.

It seems that the only way they can apply is if the pensioner has savings (ie shares, bonds etc) .......where the sponsor and applicant have no income which may be counted towards the financial requirement, £62,500 in cash savings will be required for the financial requirement to be met at the entry clearance/leave to remain stage

[raynaputi]

Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date will, if they qualify for it, be granted leave under those rules and will continue to be dealt with under those rules through to indefinite leave to remain if they qualify for it (including those who have applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement from October 2013 to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above to qualify for settlement. The new criminality thresholds will also apply to such cases.

INFO OVERLOAD!!!!!

Anyway, would this mean that if I would be granted an FLR today (2years valid since I applied before 9th July right?), by the time I would apply for ILR, should I still present the English qualification other than the Life in the UK test? What if I took the English test last year, 2011? It is only valid for 2 years, so would expire in 2013 right, would that mean I have to retake an English test by 2014??? This is sooooooo crazy and sooooooo difficult to comprehend!!!! my head hurts reading all these changes!!!

[lastlid]

INFO OVERLOAD!!!!!

Anyway, would this mean that if I would be granted an FLR today (2years valid since I applied before 9th July right?), by the time I would apply for ILR, should I still present the English qualification other than the Life in the UK test? What if I took the English test last year, 2011? It is only valid for 2 years, so would expire in 2013 right, would that mean I have to retake an English test by 2014??? This is sooooooo crazy and sooooooo difficult to comprehend!!!! my head hurts reading all these changes!!!

Same for many of us who have only recently got Spouse visas and were looking to ILR in a year or so's time. Not easy reading.

[joebloggs]

i think 3rd party support is still possible for accommodation.

[joebloggs]

A child joining parents who both have settled status in the UK will not be subject to the financial requirement (income threshold) and will continue to get settlement on arrival (indefinite leave to enter).

good to see this if you've got stepkids, means waiting til you have ILR, lucky if your under the old rules, but for some means keeping apart from your kids for 5yrs , the tories the party where the family unit is important , bullingdon

[Moy]

A child joining parents who both have settled status in the UK will not be subject to the financial requirement (income threshold) and will continue to get settlement on arrival (indefinite leave to enter).

good to see this if you've got stepkids, means waiting til you have ILR, lucky if your under the old rules, but for some means keeping apart from your kids for 5yrs , the tories the party where the family unit is important , bullingdon

my 2 kids who has the both passport english and PH..and the other was was my dependent.. applied ILR last april 23rd they receive the application May..i know it says July changes but im confuse weather we are affected on the said changes makes me worry again and again joe
and whats that B1 level for english language?? aside from the UK test that we ve takin is that another test?? commonnn :(

[joebloggs]

my 2 kids who has the both passport english and PH..and the other was was my dependent.. applied ILR last april 23rd they receive the application May..i know it says July changes but im confuse weather we are affected on the said changes makes me worry again and again joe
and whats that B1 level for english language?? aside from the UK test that we ve takin is that another test?? commonnn :(

ukba are going to deport you Ross back to the phils
afraid not your stuck here
no this should not effect you at all, stop worrying Ross

[Moy]

ukba are going to deport you Ross back to the phils
afraid not your stuck here
no this should not effect you at all, stop worrying Ross

you know joe at times i think you were my long lost soul mate who hide from that dark angelic body

[malditako]

my 2 kids who has the both passport english and PH..and the other was was my dependent.. applied ILR last april 23rd they receive the application May..i know it says July changes but im confuse weather we are affected on the said changes makes me worry again and again joe
and whats that B1 level for english language?? aside from the UK test that we ve takin is that another test?? commonnn :(

how long your application took before they receive it?...bloody hell i will post mine thursday. Hope they would receieve it before 9th of july

[raynaputi]

how long your application took before they receive it?...bloody hell i will post mine thursday. Hope they would receieve it before 9th of july

Make sure you send it via next day registered mail Grace, and include a prepaid next day registered mail envelope too in your application. My application was received the next day. And after 2 days, they got the money from the bank..and now they're taking soooo long to process...

[Moy]

how long your application took before they receive it?...bloody hell i will post mine thursday. Hope they would receieve it before 9th of july

i have post my ILR Application the 23rd of April and i received a letter from UK Border Agency confirming to it the 1st of May 2012

[Arthur Little]

... is the Legal Profession on commission from the Home Office? I ask this because most laymen/women would almost NEED to hire a lawyer to interpret the "small print"!

[lastlid]

... is the Legal Profession on commission from the Home Office? I ask this because most laymen/women would almost NEED to hire a lawyer to interpret the "small print"!

Exactly!

[grahamw48]

It's basically saying that if you've applied before July 9th, existing rules apply.

If you want to marry a Filipino already here for work, their income taken into account.

If a couple already here want to bring dependent children here they won't be affected. (I don't think you're going to have to wait 5 years, the way I read it).

Pensions...govt. and private will go towards total income requirements.

If you manage to crash your car and end up in a wheelchair ....income requirement waived.

If you're rich...as usual, you've no worries.

[malditako]

too much to read...am going to post my ILR this week how it will affect me?...

[raynaputi]

too much to read...am going to post my ILR this week how it will affect me?...

It won't affect you at all Grace..you would lodge your application before the said effective date

[malditako]

It won't affect you at all Grace..you would lodge your application before the said effective date

good to hear thought i need to take this english test aside to life in the uk test...no worries then

[Arthur Little]

good to hear thought i need to take this english test aside to life in the uk test... no worries then

None at all, Grace ... regardless of the length of time you're kept waiting for the result. Although, hopefully, that won't be too long.

[mjwoz]

It won't affect you at all Grace..you would lodge your application before the said effective date

wow! thanks rayna. i have question for u but i dont knw if u knw but i just want to knw ur opinion, im abt to apply my ILR this JUne so now im collecting all the rqmt's i needed and i have a baby who's a british by birth , do u think i need to submit her Birth Certificate even thou she's a british?
thanks

[mjwoz]

too much to read...am going to post my ILR this week how it will affect me?...

hi gparry,
same as me, OH! my GOSG!!!! im abt to apply as well my ILR this June, but im planning it to be done last week of June bcoz i'll wait the payslip and bank statement of my husband this end of june....
will u also going to submit the birth certificate of ur child eventhough ur child is a british? thanks .. hope u can reply to me...

[malditako]

hi gparry,
same as me, OH! my GOSG!!!! im abt to apply as well my ILR this June, but im planning it to be done last week of June bcoz i'll wait the payslip and bank statement of my husband this end of june....
will u also going to submit the birth certificate of ur child eventhough ur child is a british? thanks .. hope u can reply to me...

might as well yeah and his primary school place letter from council. I got all the documents now ready just reviewing the application form. I got no worries about the new rules just this english test which i thought i need to take. Can't be .... to sit on the test as i've got practical driving test next month. Too much to think about

[mjwoz]

might as well yeah and his primary school place letter from council. I got all the documents now ready just reviewing the application form. I got no worries about the new rules just this english test which i thought i need to take. Can't be .... to sit on the test as i've got practical driving test next month. Too much to think about

thanks for that gparry...yup too much to think abt...so when are u planning to apply ur ILR?

[Terpe]

Here's what I already posted.

We have too many threads on this subject some should be closed imo to avoid duplication and confusions.

This may help some intitial questions:-

APPENDIX A: SUMMARY OF KEY CHANGES FOR PARTNERS

Current 2 year route

Visa and Leave to Remain Requirements

- Minimum age of 18

- Basic English (A1 of CEFR)

- Test of relationship - subsisting requirement

- Adequate maintenance (Income Support level for a family of that size) and accommodation


Initial 24 month (2 year) probationary period (FLR)


Settlement requirements (ILR) - After 24 months (2 years) probationary period

- Integration requirement (B1 level, Life in UK Test. (or below B1 level ESOL course)

- Test of relationship - subsisting requirement

- Good character, no unspent convictions

- Adequate maintenance (Income Support level for a family of that size) and accommodation


So really no changes apart from the addition of B1 level for English


=========================================================


New 5 year route Effective 9th July

Visa and Leave to Remain Requirements

- Minimum age of 18

- Basic English (A1 of CEFR)

- Test of relationship - genuine and subsisting requirement. (clear and objective factors for decision-making.)

- New minimum income threshold of £18600 for sponsors, with higher thresholds for children

- Adequate accommodation - not overcrowding

- New criminality threshold

5 year probationary period for ALL

After initial 30 months (2.5 years) living in UK

- Renew Leave to Remain in-country after 2.5 years

- Meet the minimum income threshold

- Genuine relationship

After second period of 30 months (2.5 years)

Settlement requirements (ILR)

- Life in the UK Test

- B1 level of English

- Test of relationship

- genuine and subsisting requirement (clear and objective factors for decision-making.)

- Meet the minimum income threshold

- Adequate accommodation - not overcrowding

- Good character, no unspent convictions

Sourced from Appendix A of the UKBA Statement of Intent

[Bluebirdjones]

extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years

This is not worded or explained well.
Am I to assume that if you enter on a spouse visa, then you can only apply for the ILR after 5 yrs ..... but still (officially) work during this period ?

.... but does it also mean that if you enter via the fiancee route, then the FLR is still a valid "stamp"and procedure, and you can work after its granting ? Or are they fazing out the FLR ?
Can't imagine that ..... as it leaves fiancees in limbo land, and at a disadvantage to those who entered on a spouse visa.


Also ....Most of these changes will apply to new applicants from 9 July 2012.
Is this new, new, applicants ..... or new applicants for the ILR ?
If this effects those already here on spouse/FLR's, then your ILR application has been put back 3 years !

We await the small print

[lastlid]

Also ....Most of these changes will apply to new applicants from 9 July 2012.
Is this new, new, applicants ..... or new applicants for the ILR ?
If this affects those already here on spouse/FLR's, then your ILR application has been put back 3 years !

We await the small print

Yes. Good question.