Out interest what happens to a Spouse under the NEW RULES if they were unable to meet the financial requirement on FLR now?
As I was reading
A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.
http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf
Page 6 Chap 15.
Maybe I am reading it wrong but it seems to say that if someone can not meet the financial requirement at FLR ie they lose their job etc, they will be asked to leave the country, and if they don't go, they will be arrested put into a detention and deported?
On July 9th 2012 there was a new interpretation of ECHR, making it a qualified right.
So in this scenario, what would happen?
My Fiancée has applied for a Fiancée Visa June 2012 -
She is denied Fiancée Visa on Maintenance Grounds September 2012 -
We appeal -
The appeal is made using ECHR -
Would the new interpretation of ECHR be used in our appeal EVEN though we applied before the new interpretation of ECHR?
Would we be less likely to win our appeal on ECHR now if we were refused on Maintenance grounds as opposed to if the appeal was heard before July 9th 2012?
