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.