Changes to the rules

[andy222]

Ukba have announced changes to the rules but god knows what they are.
http://www.ukba.homeoffice.gov.uk/si...latest+news%29

[stevie c]

I dont think theres any changes to the spouse/fiancee visa i hope

[andy222]

I dont know stevie I cant see anything.

[stevie c]

Hows your planning going with the spouse visa andy are you getting there?

[andy222]

Getting there mate just getting the documents together. Supporting letters.

[stevie c]

Great if anyone deserves it you mate
I know how you feel with all stress & worry that ukba put on genuine couples

[andy222]

Its a nightmare mate. Thanks.

[stevie c]

Tell me about mate been there myself so i can only sympathise with you now the rules are even stricter than before

[Arthur Little]

Ukba have announced changes to the rules but god knows what they are.
http://www.ukba.homeoffice.gov.uk/si...latest+news%29

Andy ... see "Sticky" thread compiled by Terpe:-

UKBA - New Application Forms - *w.ef. 6 April 2013

Quite possibly this ^ relates to the changes you'd heard about ... certainly these are the only ones I've [just] come across!!

[Terpe]

Ukba have announced changes to the rules but god knows what they are.
http://www.ukba.homeoffice.gov.uk/si...latest+news%29

This was reported back in March when the announcement was originally made.

See this thread:-
http://filipinaroses.com/showthread....igration+Rules

I remember posting all the detailed changes but can't find those postings now.

I'll post them again here in this thread under the different headings.

As I recall there were no substantial changes.
Mostly clarifications and operational issues

[Terpe]

Changes to the Immigration Rules relating to family and private life - April 2013

7.31 The following minor changes and clarifications are being made to the Immigration Rules relating to family life:-

- To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.

- To provide that a person may apply for further limited leave to remain as a partner under Part 8 within a period of 28 days of the end of their last such leave.

- To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.

- To ensure that references to the UK National Recognition Information Centre are correct. (UK NARIC is the agency responsible for providing a comparison of international qualifications against UK qualification framework levels).

- In respect of the financial requirements for partners and dependent children under Appendix FM and Appendix FM-SE:

- To clarify the basis on which non-salaried employment income at the date of application is calculated. This will be done by calculating that income on the annualised basis of the gross monthly average in the period of 6 months prior to application.

- To clarify that those working in the UK at the date of application can include earnings from employment in the UK and overseas, where they are required to show the amount of their earnings from employment in the 12 months prior to application.

- To clarify that, where the applicant’s partner is self-employed overseas at the date of application, that partner may also rely on a confirmed offer of employment in the UK for the purposes of meeting the financial requirements.

- To clarify the evidence of self-employment to be provided.

- To clarify the company-based evidence to be provided by directors and/or shareholders in companies in sole or limited family ownership.

- To provide greater flexibility in meeting the financial requirements for those who are, or have in the previous 6 months been, in receipt of maternity, paternity, adoption or sick pay. To provide flexibility also for those who are or have been on parental leave.

- To provide that relevant cash savings held at the date of application by the applicant, their partner or the couple jointly can have been held by them as investment funds within the previous 6 months.

- To add Personal Independence Payment to the list of benefits and allowances received by the applicant’s partner which mean that the applicant has to meet an ‘adequate’ maintenance requirement. A joint review by the Department for Work and Pensions and the Home Office of the treatment of disabled people and carers as sponsors under the financial requirements under Appendix FM is ongoing and will be concluded shortly. An applicant who relies on this provision for ‘adequate’ maintenance cannot expect that they will necessarily be able to do so in any future application for leave to remain under Appendix FM.

- To clarify that, where the applicant and their partner are resident in the UK at the date of application, rental income from a property in the UK cannot be counted as income if that property will become their main residence if the application is granted.

- To confirm that cash income on which the correct tax has been paid may be counted as income.

- To confirm that, where an academic stipend or maintenance grant is or will be paid on a tax-free basis, the gross equivalent amount may be counted as income.

- To confirm that the UK Border Agency has discretion to contact the applicant to request further information or documents before making a decision on the application.


7.32 The following minor changes and clarifications are being made to the Immigration Rules relating to private life:-

- To confirm that a valid application is required to be made for leave to remain on the grounds of private life, except in the same specified circumstances as when such a valid application is not required for leave to remain on grounds of family life. For example, those circumstances include when the claim is raised as part of an asylum claim or as part of a further submission in person after an asylum claim has been refused; where a migrant is in immigration detention; where removal directions have been set pending an imminent removal; and in an appeal.

- To make a minor clarification to the drafting of the provision relating to applications for Indefinite Leave to Remain on the basis of private life

Source:-
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

[Terpe]

Changes to the Immigration rules related to EEA rules - April 2013

7.33 Following the European Court of Justice case in Chen (C-200/02,) the UK created paragraphs 257C-E of the Immigration Rules to provide for entry as the carer or relative of an EEA national child in the UK. In the Upper Tribunal case of M (Chen parent: source of rights) Ivory Coast [2010] UKUT 277 (IAC), the domestic court confirmed that a primary carer of a self sufficient EEA national child had a directly enforceable EU right to enter and reside in the host state to facilitate the child’s free movement rights.
This EU right is not subject to any restrictions imposed by the Immigration Rules regime. As a consequence it is no longer appropriate to deal with this category of case within the Rules.

Source:-
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

[Terpe]

Changes to the Immigration rules related to Visitors - April 2013

7.24 Clarificatory changes to the Visitor rules will prevent abuse by visitors who are living in the UK through frequent, successive visits and will
strengthen the Rules for a third party who is providing support to a visitor (either financial support or accommodation) by requiring them to demonstrate
they are able and intend to do so, and are legally present in the UK.

7.25 The period of initial leave granted to graduates undertaking an unpaid clinical attachment or dental observation post is being increased from 6 weeks
to 3 months in line with the average length of such postings.

7.26 Paragraphs 56R to 56W and 2 m) to p) of Appendix 1 to the Immigration Rules facilitated the entry and stay of Olympic and Paralympic Games Family Members
during the 2012 Olympic and Paralympic Games in line with Host City contractual obligations.
The Rules ceased to have effect on 9 November 2012 and are being deleted.

Source:-
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

[imagine]

andy i wish you trouble free success when your ready and get your application in, we will all be rooting for you

[andy222]

Thanks Imagine I am not the the brightest person where these rules are concerned it just baffles me. Put a machine in front of me and job specifications and I will set it up. Or give me a persons care plan and I will provide the care. The wording on the rules just blows my mind. Thats why I rely on you guys,