Blog

Family migration - new rules announced

It has been nearly a year since the UKBA consulted the public on reforms to family migration. The delay in the government decision on rule changes reflects the controversial nature of these proposals, which seem to have divided the coalition government down the middle.
For more up-to-date information on Family Migration visit this list of current blogs.

There have been signs over the past few days that an announcement was on its way, as the government made a series of muscle-flexing statements with a law and order focus in relation to family migration over the weekend. First the criminalisation of forced marriage was announced on Friday, then home secretary Theresa May, in an interview yesterday on the Andrew Marr show, trailed her intentions to attempt to toughen up application of human rights law to foreign prisoners.

Today, finally, she made a statement to the House of Commons outlining her full intentions as regards family migration. Overall,  there are a number of significant changes for family members, in particular those seeking to bring non-EEA spouses and partners to the UK will face new barriers to their entry and settlement in the future. Based on news coverage and the Home Office website, it seems that the major changes will be:

  • New income threshold of £18,600 for those wanting to sponsor a non-EU spouse or partner - increasing to £22,400 for one child and an additional £2,400 for each further child. This falls short of the potential level of £25,700 which was on the table and which the home secretary was apparently pushing for. However, it still means that, based on data from the National Earnings Survey website, nearly 40% of the working population of the UK would be prevented from sponsoring a foreign spouse or partner in the future.
     
  • Extension of the period before non-EU migrants here on a spouse or partner visa can apply for indefinite leave to remain, from 2 to 5 years. In addition to increasing the insecurity of all families seeking to settle in the UK, it is not clear how the government will minimise the potential impacts on specific groups, such as women in abusive relationships.
     
  • Requirement that, from October 2013, all people applying to settle in the UK will need to pass an intermediate level English language test and pass the ‘life in the UK’ test. Currently, applicants can either take the Life in the UK Test or take combined English for Speakers of Other Languages (ESOL) and citizenship classes - the system is geared towards accommodating different skills in language ability. This means that the change will impact in particular those without strong English reading and writing skills.
     
  • Removal of the right of appeal for people refused family visas. However, leaked figures from the Home Office last year suggested that a high proportion of family visit appeals – around 36% – are successful. This suggests that the problem is not with the appeals system, but with the initial decision-making by the UKBA...
     
  • Restrictions on the ability of non-EEA adult and elderly dependent relatives to settle in the UK, limiting this to those who require long-term personal care that can only be provided in the UK by their relative here, and requiring them to apply from overseas;
     
  • It seems that the majority of these changes (unless otherwise stated) will come into force one month from now, on 9th July - but will only apply (with the exception of the increased settlement English and LIUK tests from October 2013) to people given leave to enter or remain in the UK under these routes after that date. Find full details on the transitional arrangements and applicability of these new rules on page 34 of the government statement of intent.

Finally, lawyers will be up in arms about the home secretary’s measures aimed at getting tough on foreign criminals trying to ‘dodge deportation’ by using Article 8 of the European Convention on Human Rights. This refers to the handful of foreign criminals a year who mount successful cases against deportation from the UK on the basis of their right to a family life.

She will be organising a vote in the House of Commons which aims to ‘define for the first time where the balance should lie’ between the ‘rights of the law abiding majority’ and ‘a foreign criminal’s right to family and private life’. This promises to be highly controversial - and is likely to be the basis of an ongoing debate about the independence of the UK judiciary from the government.

More information on the impacts of these proposals to follow... In the meantime, you can find full details of the changes on the UKBA website.

For more up-to-date information on Family Migration visit this list of current blogs.

Other users went on to read:


Comments

One small encouraging thing about the operation of these new rules is that according to the Home Secretary's statement of intent itself, most of them WILL NOT apply to people already in the country waiting for settlement. Particularly the new income threshold AND the extension to the probationary period. I know I'm relieved about that and I'm sure alot of other people are as well. I still feel horrible for the people that will end up being affected by the new rules though. Best of luck to you all.

Is it fair that in the statement of intent the government intends to abolish the 14 year long residence rule leading to ILR and replace it with 20 year wait for a chance to begin another 10 years process leading to the same thing. that is from 14 years to 30 years? I

When this new rule 14 year long residence to 20 years will impliment? Is it from 9th july 2012

These changes make me feel physically sick. That 40% of the population are now unable to sponsor a foreign spouse is shocking. Have just submitted an application for a settlement visa for my husband, any clue if we will be affected by the removal of appeal rights if it is rejected since it was subitted before the announced changes?

Amy

Any application for a spouse visa before 9 July will be considered under the existing rules - without the requirement tro demonstrate earning of £18,600.  Good luck with our husband's application.

racist country by Law

I honestly don't see how this can be legal. There isn't an income threshold in place for a UK citizen to marry another UK citizen or EU citizen, is there? This echoes so errily close to the current "battle" on marriage in the US, which allows GLBT unions to only be legal in certain states. I could not imagine crossing into a different country and being seen as invalid in my marriage due to income.

I'm really sad to see this, because it hits at families. Much of the reason people come here is for opportunity, and their spouse and children provide them the support to succeed in more ways than just monetarily. Many times the spouse gives up their own career, such as I did. I built myself up from scratch because my husband had a dream he wanted to follow. I now make more then him, but it doesn't count in these situations!

I am glad they aren't going to retroactively enforce, however, they shouldn't be enforcing this in the first place. I sincerely hope this winds up being overturned as it is a complete violation of right to family life.

The whole purpose of the income threshold is pointless. Non EU migrants are not allowed and cannot claim benefits in a shape or form. If it was the NHS burden point, why not make it part of requirements for an applicant to have health insurance?
My partner and I have been together 10 years, have a 3 year old son and have been saving and raising money so he can finally join us and meet his son for the first time. I work but do not make £18,600 and most likely will not ever earn that kind of money. I have no job prospects in my partner's country and the health system leaves much to be desired to move there with a toddler.
I am in tears right now because we now have to make a heartbreaking decision- I do not make £18,600(I pay tax) and we do not have £16,000 of savings to cover the income shortfall. My family and relationship will now break down as there is no way on earth we can be together, not for a very, very long time. I have a broken family thanks to Theresa May who thinks family life is now a privileged for the wealthy. If you do not make enough money then screw you!
Visa applications were so scary and stressful as it was, so expensive for non EU applicants who cannot even claim these precious benefits everyone thinks every foreign person is coming for. My partner and I were going to start a business, look after ourselves and pay our taxes while living in accommodation paid for by us not handouts. Thank you Theresa, I hope the good lord blesses you for the many thousands of families you have destroyed with that one single policy.

Hi Deidre

What is meant by this in your post( I am glad they aren't going to retroactively enforce).

Is this rule definatly coming in force July and has it been finalised if anyone can help.

Many Thanks

Sam: These new rules are going before parliament and may be up for scrutiny, but most of parliament find the rules to be "reasonable" so they are pretty much set in stone in my opinion. You never know though things may take a turn for the better.

Im regards to the rules not being "retroactivley" enforced, that means that people already in the UK on probationary leave to remain will not be affected by the new rules(I should point out that in the statment of intent, the new rules regarding article 8, deportation, and the right to family life apply to everyone, or so it appears). So anyway, if you are already here, or if you get that application in before July 9, you dont need to worry about the new minimum income threshold, or the new probationary period. Good luck to everyone!

Whoops, sorry Sam. You didn't need an explanation on the retroactive bit. My mistake.

Don Flynn says:

Any application for a spouse visa before 9 July will be considered under the existing rules - without the requirement tro demonstrate earning of £18,600.

A stupid question: Naturalisation for my wife counts is a spousal settlement visa, isn't it?

In such a case I've had a sudden and unfortunate realisation. If we wanted to start a family within the next five years (not unforeseeable at age 25...), unless I got a better paying job, she would have to leave the country. I earn enough to qualify for her settlement visa, but not enough if we had a child between now and then.

This is an utterly, irresponsibly, stupid rule.

We can't have children; because if we do, she'll have to leave the country when her current residence visa's probationary period expires.
A salary (that we both earn) which is adequate enough for supporting a child, is not enough to prove it to the Home Office. I truly struggle to believe the wilful institutional ignorance now in place. Because of my wife's salary, supporting a child will not require recourse to public funds. But this is not to be considered in the new rules, and therefore she would be forced to leave the country anyway, and in such a circumstance force me to take benefits to support a child on my salary alone.
This government of morons has enacted a rule of monumental idiocy. It is a total inversion of all reasonable thought.

I have to say, fair play to Yvette cooper for alluding to this in parliament. I'm so gutted that illusive 'foreign criminals' (the 'enemy within') have determined the severest restrictions on ordinary citizens.
Without sounding like a cliche, militant, trade unionist circa 1984, it is a textbook act of an authoritarian regime - I simply cannot find a fairer word.

Look at the transitional arrangements in this document. You and your wife do not need to worry about the new rules as she is already in the UK before the new rules have taken place. This is from the official "statement of intent" published by the UK Border Agency regarding the matter, at the top of page 68. Additional information is available throughout.

Scenario
Arrangements applicable
Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person, or you have applied for this and are awaiting a decision.
The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012 until settlement, if you qualify for it. This includes the existing maintenance requirement and a two year probationary period to settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.

Also:

Transitional arrangements
132.
Some changes will come into effect at different times and subject, in some cases, to transitional arrangements:

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.

So as grim as the rules are for new couples trying to come to the uk. There is some hope left for those already here. Keep your noses clean, try to stay employed, and stay OFF benefits. I know it sucks to delay having a family, but if she is already here then you guys just need to wait a while longer until she has her ILR.

@Chris Mead

No Chris - Anonymous above is right that your wife's eventual plans to naturalise will not be affected by this decision if she has already been given leave to enter and reside with you under the existing rules for family reunion.

This set of rule changes as they are currently framed are intended to hit spouses/partners who apply ofr visas on or after 9 July.  This is bad enough, but if you wife is already here then you are at least relieved of having to worry about its personal impact on your situation.

What I think Yvette Cooper was alluding to is the situation of someone who, on 9th July is successful in sponsoring a partner because they are earing £18600+ on that date, but, as with the situation you describe when five years later when applying for settlement, when there might be several kids on the scene but the family's earning have failed to keep up with the level demanded by the government.  If this stupid rule survives until July 2017 it will be interesting to see what attitude the courts take when ther Home Office starts deciding to deport the parent of one, two, three or more British citizen kids because they are on a low income....

 

Will savings be taken into account for spouse visa afta 9th July?

Guys read the "statment of intent" just published by the UK Border Agency on the matter. It is very detailed and explains everything, including the issue of savings.

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

Might have helped if I linked it ha ha. There is alot of info in here but the table of contents helps. Its worth taking the time to read it and prepare yourself for the coming struggle as best as you can.

Sam:
The savings taken into account to cover the shortfall of the £18,600 income threshold is £16,000 and above. I may be mistaken but you need £16,000 of savings at each stage of the application process ie leave to enter,leave to remain after you get married(if unmarried) and settlement. So possibly anything between £16,000 to £62,000 in savings. Family life is for the wealthy in UK.

Currently awaiting decision on my husband's visa application and while relieved to see that his application was obviously submitted well before the new rules come into play, my sympathies are with all those who aren't so lucky. It's a national disgrace. If it was practical for me to do so, I would up sticks and join my husband. Unfortunately this is not an option and even though his application will be decided under the current rules, it is still a lottery. Very anxious times. :(

and here is my situation, my proposed partner and i have been sluggish about our marriage because not in a hurry to marry and apply for visa yet because still on Post study work visa.

now we are pressured to get married as quick as possible but unfortunately with 16 days notice wont be able to apply before 9 july.

so heres my question does the change apply to people who are already here in uk with work visa and have been living together for a year plus (with proof) my partner is british, im the foreigner,
we both work , who should show £18,600 income? , my partner alone dosnt make £18,600...but jointly we meet the requirement. so will we be ok if we prove jointly we can meet the £18,600 income?
pls answers

Yes this is just a stupid rule just to reduce immigration very slightly as non EU migrants cannot claim benifits for a long time anyway. Even EU migrants have to be working in the UK for a year.

It definately discriminates against women & newly self-employed ( I wouldn"t qualify after the new rule) but my wife has a job lined up which she can start straight away when (and if) she gets her visa. I wonder what rights I would have because I"m on the blind register (not totally blind though) as I need my wife here. UK women didn"t want to know me because of it.

That"s because you can"t claim benefits if you have savings over £16000

I hope the liberal dems dump the Tories for this policy then the"ll be a general election. That"s whats needed because the tories have failed the economy anyway.

"These changes make me feel physically sick. That 40% of the population are now unable to sponsor a foreign spouse is shocking. Have just submitted an application for a settlement visa for my husband, any clue if we will be affected by the removal of appeal rights if it is rejected since it was subitted before the announced changes?"

If you applied for a visa before july would you have the right to appeal if it was rejected after that date?

This must be a joke, average wage for unskilled person is between 10/15K. That means 40% of the work force cant marry a NON EU MEMBER.... FACIST / RACIST TORIES.

my question does the change apply to people who are already here,,,,,

Does the rules apply to those who have. Apply for discretionary leave to remain and awaiting for decision now?

I am currently the spouse of a British national and I moved to the UK on the 31st December 2010 on a spouse visa since then.
Currently I am waiting until 30th of September to be able to apply for my ILR and hopefully have a British passport by the end of 2014.
I was going to do the Life in the UK exam before September anyway.
I have a stable job and both my husband and me have income above the threshold.

Does the new legislation mean that I need to wait the remainder of the 5 years since I can not apply for ILR until after the 9th of July or does my Temporary leave of remain of the spouse visa saves me?

I am just so crossed that we have done everything properly and this government takes so much of my taxes and now more feces to say the least.

I'm fronting a Facebook campaign - BAFE (Brits Against Family Exile) - against the proposed changes, and we now have over 200 followers. We are also in contact with the Joint Council for the Welfare of Immigrants.

Please visit out FB page and "Like" us to show your support for the cause!

https://www.facebook.com/BritsAgainstFamilyExile

 

Thanks for all comments - As MRN isn't able to give advice on individual cases I really advise anyone with queries about how the rules could affect them to read the statement of intent as it has clear sections on all aspects of the rules including how they will apply to people already here. Overall, the new rules (apart from language/LIUK testing from oct 2013) will not apply to those already in the UK or who get applications in before 9th July 2012.
 
MRN is going to be bringing out a more detailed overview of the changes shortly - I hope that helps too.

thanks for the tread .............all i do is read up on ways around it ..................if the savings are not QUESTIONED ...... all you have to do is put in 16000.00 plus 2.5x any 1000.00 pound shortfall
so if i earn £12500.00 per year
i need £16000.00
plus 2.5x my shortfall of £6000.00= £15000.00
so i need in total SAVINGS OF £31000.00 PLUS MY JOB ...LOL
HAVE I UNDERSTOOD IT RIGHT .....THE MONEY HAS TO BE IN YOUR ACCOUNT FOR 6 MONTHS AND ITS NOT QUESTIONED HOW IT GOT THERE .....IT JUST HAS TO BE YOURS

IS THIS RIGHT .....HELP

Hi guys I am applying a spouse visa and I will get the application in before the 9 th July however I have not yet applied a British passport for my boy who is in India with my wife . I am waiting for the DNA test to come throw then I will send the application for the british pasport which will be likely after the 9 th July what rule applies to me because iv submitted the spouse visa application before the 9 th so she will get the visa how about my sons British passport

Thanks

You folks might all be interested in a report in the Indpendent that May wanted to set the minmum income level at £40,000 pa!
The report goes on that Baroness Warsi vigourously challenged this and accused May that her policy on the family was racist!
Warsi then got the backing on Nick Glegg and it was at that stage May reduced the minimum to £18,600pa.
I suugest this demonstrates the levels that May will go to if she could get her own way completely.
Second I find it fascinating that Baroness Warsi a Senior Tory Minister has told T May another Senior Tory Mininister that her policies on the family are Racist!
Many of us have known for sometime Mays family policy is not only racist but discriminatory and breach ECHR Article 8 AND THE uk Human Rights Act.
Further in the Commons Parliament debate on Article 8 in which May and her Tory supporters laboured the fact that criminals and others had used Article 8 to remain in the UK only two MPs Pete Wishart SNP MP for Perth and Jeremy Corbin MP Labour Hackney spoke out about their concerns for the innocent British partners and children involved that Mays policy was affecting.
These points were well shouted down by the Tory Right wing MPs as would expected.
However one Tory MP a Barrister stated that he doubted if Mays attempts to influence the Judiciary would in fact be effective.
One has to wonder now that Baroness Warsi has accused T May of introducing racist a Tory racist policy how will the Judiciary react?
Second how does this chime with PM Camerons preaching to other countries about his Govts democracy now his own Minister has accused his Home Secretary of implementing a racist policy?
On another matter thatI suggest has a link the Evening Standard reports that Cameron's Cabinet of millionaires are facing pressure over their tax affairs and the PM is being accused of hypocracy! Well some of us have considered the Tory policy on Family Life smells of hypocracy so PM Cameron Home Sec T May and Imm Min D Green their policies are racist and hypocratic! Nice one Tory nasty party.

I notice some are asking about the level the minImum has been set at.
If you have followed the history of May and her regulations you will know she relies heavily on the Migration Advisory Committee based in Oxford.
May always quotes 'well that what the MAC say! So she uses what they say to try and justify herself. But what the MAC says is one thing and the decision she make is hers and hers alone - although Cameron will have a big say!
The MAC HAVE said that if the minimum is set at a high level it will disqulify a large number of applicants. If its lowered it will disqualify less applicants accordingly!
Cameron and Mays policy is to keep the Tory 2010 pre election pledge to reduce immigration and get votes for the 2015 general election. It is, as the Guardian points, out a numbers game!

Yes folks we are all just numbers to the Tory PM and Home Sec we aren't seen as people!
Numbers that the Tory party wants to reduce in order for them to be able to say at the 2015 general election - the Tory Party tackled the UK immigration problem! ITS ABOUT VOTES!

We are not people we don't have children and relatives with feelings of love compassion concerns - thats Tory attitude towards people human beings men women and children!
WE ARE ALL JUST NUMBERS to the Tory Party - disgusting isn't it!

I'm utterly disgusted by this :( me and my fiancé were going to apply in September... I only earn 13,000 a year, but in fact have £180 disposible income a week plus supporting parents who earn together £100,000 a year. Now due to this new law my fiancé can't come here unless I magic up 16,000 or find a better paid job :( I'm so sad as I hate us living apart. It's us genuine ones who get penalised! is this totally set in stone or is there still a chance it will be overturned? #totallysaddened

No, how can we let them do this. My husband is a foreigner, how will I apply for spouse visa.. Uk minimum wage is £6.08 now times that by 35 hours a week that's about £190 after tax... So £760 a month and £9120 yearly... It's not my fault I don't earn enough, pls we can't let them do this, how will I do without him.. Helpppppp

I am British and trapped in Asia as I can't earn enough money to come home with my family, my wife has considered suicide so I will return to UK with our daughter in order to give her a good life. All I want is to go home with my family and do a simple job and live a simple life but I feel my own government does not support or encourage families. It is easier and cheaper for me to sneak them illegally into the UK.

In my opinion those who are opposed to this new rule should get together outside the house of parliament and stage a friendly protest. Our rights as a nation should be heard. How is it possible to earn an income of £18,500 on a national wage? Can the government not see this?
I have a foreign spouse and currently earn the minimum wage and i am expecting my first child in August. I have not submitted in my application yet and am worried about what is going to happen. Income of £22,500 is expected if you have a child and more if you have 2 etc
I think the new rules that The SO-CALLED Theresa May is setting are absolute rubbish and not possible if people have minimum wages. How would she like it if she was in our position? Not just her, any mp that was split up from their spouse? This country is utterly screwed with people like david Cameron, Theresa may, Damien green etc. DID ANYBODY THINK TO HAVE FAMILY RIGHTS? WERE THE PUBLIC EVEN ASKED ABOUT THEIR VIEWS ON THIS SO- CALLED THRESHOLD OF £18,000+?
Nows the time to be heard and not seen! Please get together and fight this new rule! Hopefully we win our campaign. So PLEASE get together people and fight for your RIGHTS OF FAMILY LIFE!

Before or building up to the 9th July 2012, here are the things you can do:

•Come to a meeting in Parliament on family migration rule changes. MRN and JCWI will be holding a joint meeting entitled 'The new family migration rules: dividing families, disrupting integration’ in the Houses of Parliament at 6.30pm on 9th July 2012. You can register for the meeting here. All are welcome provided you register first.

•You can write to your MP and ask him/her for a face-to-face meeting and to speak at the 9th July meeting in Parliament.
•If you are interested in getting involved in public meetings, campaigning or letter-writing, please contact Juan Camilo ([email protected]) at MRN

•For media enquiries contact Jan Brulc ([email protected]).

please we have to stick togeather as a nation and make our voice heard, this is injustice, how the hell have they got the right to break relations/ famlies, the bloody minimum wage is £6.08 if that's not enough annually enough to sponsor your husband or wife then for christs sake increase the bloody minimum wage, so that us genuine people who work 40 hours a week on a crap minimum wage, can choose who we want to marry.. This is discusting, it's all a number game, my partner is from a non eu country, who the hell do the parliament think they are to decide my life for me and other British citizens who have made the same mistake as me by falling in love with a foriegner.. If this isn't overruled, I think I will end up hanging myself outside parliament, can they not see what they are doing to us. Personally since I have heard I'm so upset I can't stop crying, im 24 I want to live, why are they killing us... Please we have to speak up what happened to our human rights... Surely this is disscrimination, just because I don't earn £18000 I don't have the right to sponsor the love of my life. According to a survey that means 40 percent of the uk population can't afford to sponsor a foriegn spouse.... Let's speak up.... We are all in this together. Alot of people are distressed because of this. Good luck... Let's speak up we will make our voices heard, dont wait for someone else to speak up and you will join in to show your support...speak up and see who will sure you support.. I'm with u.. We have speak up please.... Or the one to blame will be yourself. ( a distressed wife with little or no hope of being with the one she loves) thanks to the &£@9"" tories

I have an Irish child that has been given a residence card and I have been given a limited stay but without the right to work. My Irish child is 9 and I have another daughter who is 7 and was born here. Is there any chance I could change my status to allow me work based on all these changes in law.

hi i married mt turkish husband 1.10.2011 we have now just got together all moneys needed to apply for visa but new rule has mad this impossible £826 for visa £350 for help to get my papers in order £200 for english test £250 for my husband papers to be transalted into english i am also on min wage my heart is breaking we wnat to be together why this new rule always the hard working people that suffer please abolish these rules

if any one wants there views to be taken seriously get in touch with Chris Bryant he is Labours shadow immigration minister:

What you can do
From JCWI: The Government has not yet introduced Rules reflecting the above, but it’s likely to. We’d usually ask you to write to your MP at this point. A handful of you would, and a smattering of MPs would receive a letter, a couple may get two, they’d reply and nothing else would happen. So we’d like you instead, to contact Chris Bryant, Labour’s shadow immigration minister. We want him to oppose these policy proposals and any corresponding Rule changes. We want him to stand up and say publicly that immigration for the rich only is not on. He is in a position to give these Rule changes some serious opposition. Go on, drop him a line, you can contact him at [email protected]. He’d love to hear from you.

Deidre T. says:
June 13, 2012

"I honestly don't see how this can be legal.

I am glad they aren't going to retroactively enforce, however, they shouldn't be enforcing this in the first place. I sincerely hope this winds up being overturned as it is a complete violation of right to family life."

There is no right to a family life in the UK! You have the right to respect for family life, which can be overridden by the state, if it will cost the taxpayer money. You are correct these new rules will be challenged in the supreme court using that human right and should the government lose, they will enact primary legislation to force the judges to interpret article 8 as it is written, they will then reimplement the new rules.

Anonymous says:
June 29, 2012

"if any one wants there views to be taken seriously get in touch with Chris Bryant he is Labours shadow immigration minister:"

Chris Bryant is talking about a £10,000 bond instead. This is an old Labour policy, dropped before the 2005 election, so they did not lose the ethnic minority vote.

Basically you would have to give the government the money and then if the foreign spouse ever needed welfare, or to use public services after they were granted settlement, the money would be deducted from the bond. I assume after the foreign spouse had paid enough tax, the bond would be returned.

The disadvantage compared with the £18,600 minimum income threshold, is that an extended family could club together to raise the money, so it would not be a direct reflection of whether the British spouse could really afford to support a foreign spouse here in the long term, without state assistance.

hi very short question I am already on spouse visa which i got on May 2011 and hopefully expecting to apply indefinite next year in May 2012. is this new law will apply on me as they are
saying that you will b eligible to apply indefinite after 5 years but this will applly on the new applicants. please if you can give me guidance regarding this that will be your kind help. thanks

Disgracefull, discusting, how can they destroy families like this, we have to make our voices heard... I dont understand how the media have not been slashing this in the papers. Make your voice heard before it's too late. I am married to a foreigner, who is in his home country, because he has a very good job abroad... This means we are not gonna be able to be together, I am only on minimum wage....... Surely as long as I have a job my partner should be allowed to come... This new rule is killing me.. Do we not have any human rights???????? Please speak up, this is wrong... So anyone rich on 18,000 has more rights then me. This is discrimination...... What about people with children?????? I feel very upset, don't think I can bear this.. It's gonna kill me, please speak up......... This is wrong..

Hello,
I have some questions. Please can anyone help me. I want to know that whether these laws are applicable to the people who are already on spouse visa in UK. I mean I am on probationary period and it is finishing 15th of this month but the laws are changing on 9th July. What will they do when I apply for ILR?

Will they extend my visa or give me ILR? And also tell me if these laws are applied to only people who will apply as spouse visa now what will be the probationary period for them?

Thank you

I've just phoned an immigration solicitor to apply for my fiance to come over here I'm 21 male from UK and my fiance is 19 female from USA. They just explained about being in a household that earns over £18,000 which is fine as i live at home with my parents and they're happy to help and i have a job so that isn't the issue I've been fortunate in this case.

But what I really can't understand with today's economic situation how they can expect people to have £16,000 in savings it's just ridiculous.

I think I may just end up going to USA instead because this is just not realistic and think many other people might have better luck going to their foreign spouses countries to get married.

It's such a real shame that it is so difficult to have a normal relationship with someone who lives overseas.

I feel sorry for anyone effected by this new law that's being enforced but by the looks of it, you may well have better luck going to your partners country good luck to everyone.

Simply racist!!

The family is the natural and fundamental group unit of Society and is entitled to protection by society and the state (Article 16, Universal Declaration of Human Rights). The New Rule violates the rule against racial discrimination. This is tantamount to unlawful state control or interference over an individual's private life, or an infringement upon his internationally recognized right to freedom of movement and travel, which includes the right to live and return to one’s own country (Articles 13 & 30, Universal Declaration of Human Rights). This violates also the right to respect for family life guaranteed under Article 8(1) of the European Convention of Human Rights. The Home Office must consider the impact of the separation of families from one another, especially where minor children are involved. The New Rule will not only result to splitting families that Chapter 45 of the Enforcement Manual seeks to prevent, but absolutely inhuman and contrary to the very purpose of the European Convention on Human Rights. While Home Office continues to open its doors to other countries, especially to EU nationals, the same treatment, if the New Rule is going to be enforced, is not applied to third country nationals like the Philippines, even if the Philippines was original signatory to the Universal Declaration of Human Rights. The income requirement is very prohibitive. Every person is entitled to equal protection of the laws and not to be discriminated against persons placed in the same situation. The New Rule is unlawful not only under the Human Rights Act 1998 (c. 42), but also by virtue of section 19B of the Race Relations Act 1976 (c. 74) - discrimination by public authorities.

I really do hope these rules do not take effect, I can't stress enough it's impact on family life.. So we all agree the new threashold is a joke, over 40 percent of the uk population are on national minnimum wage so have no chance of sponsoring a foreign spouse.. N to be honest that same percentage are never gonna be able to secure themselves a job with higher pay.., these are hard working low skilled people that work in your local supermarket, retail shops, manual trade etc..... So who have we got left, the rich percentage of our uk population.,,,, so it was always about discriminating the low skilled vulnerable citizens..... I knew it was all a number game from the start..... God save us, breaking families apart!!! Shame on them...

Please people you have to turn up at the rally on 9th July at 4.30 outside the home office.... There's no point crying about it, if you can't be bothered to make your stand... U have to turn up if you genuinely don't want these so called new rules... We have to do this. Later there is a meeting in parliament, but make sure you book your place first, u can do it using this blog, there is a link... All of u are unhappy about the new rules but what have u done so far??? Have u contacted your mp?????? Even if you have done nothing yet!!!!!!! Please turn up pleaseeeeeeeeee!!!!!!!!!!!!!!! Or face the consequences of broken families and relations..... Ouch!!!!!!!It hurts for me to say it, how can parliament actually do it..., EVIL THE LOT OF THEM!!!!!!!!!!!!!!

Im a British born mofo, if i want to marry a thai girl for instance, does this new rule of £18600 apply to me also? or is it just for new EEA, new british persons. Thanks in advance for your help, i want to be with my future wifey

"New income threshold of £18,600 for those wanting to sponsor a non-EU spouse or partner - increasing to £22,400 for one child and an additional £2,400 for each further child. This falls short of the potential level of £25,700 which was on the table and which the home secretary was apparently pushing for. However, it still means that, based on data from the National Earnings Survey website, nearly 40% of the working population of the UK would be prevented from sponsoring a foreign spouse or partner in the future."

Please don't let these new rules take effect please, it will mean I have to live apart from my partner... Please I'm very disheartened.... Don't think I can bear this....,

If you want to stop their unfair laws then sign the petitions at the following site:

https://submissions.epetitions.direct.gov.uk/petitions/32167/signature/new

This is about numbers to them so stand together. Your not alone.

I would like to ask what happend with children born in this country and reached the 7 years old and the parents do not have any status in this country?

The changes in immigration rules w.e.f. 9 july 2012 has an impact on the children who is born in UK or have been in UK continuously for more than 7 years. The new rule is that If the child has accrued a continuous residence of 7 years or more then they would be deemed to have established a private life in UK and for a such a child to quit UK and start a life abroad will be quite difficult and hence they can place a reasonable claim under Article 8 of ECHR incorporated under the new immigration rules. Also if such a child has no one to take care of in UK, then invariably whether their parents have a legal stay or not, they too can apply on the basis of the child. Mrs. May has put in some heart to the matter and decided that a child should not be penalised, no matter what intentions were there of the parents. She is right for once. Lets appreciate her courage for speaking in favour of these children.

To get a detailed view of the changes please visit the site:http://www.smlc.org.uk. Hope it has given you enough details. Bye for now.

hi my child is born in uk and he is going to be 7 years old in november would i be able to get setlement visa on 7 years rule.

[Comment removed by Administrator - Like other blogs we have our house rules and will remove comments which fall short of these.]

Can someone explain me , how its possible that length of general visitor in UK and inviting your mum or dad is the same 6 months.Why I cant invite my mum, to stay with as as family, of course without using and public funds, ect..Only they should be ill or completely disable to enjoy with us the most precious thing in life , what call FAMILY ? I don't understand that at all !!!
I know their point of stopping chain migration, but this is not the way !!!
I am very disappointed , as I believe that in this country the human rights is on top of everything...

I got married 2 days after the new rules. I earn £18,500, the new requirement is £18,600. Stupidly we thought we'd try our luck anyway because, naturally, we're desperate to be together. We were rejected because we didn't have savings of over £16,000 to offset the £100 difference.

Now we are forced to live apart for at least 6 months because even if I get a new salary of £100 more per year, they base it off the lowest salary over the last 6 payslips.

The fact a British citizen is being screwed out of married, tax-paying, law-abiding life for the sake of £100 sickens me to the stomach. I have lost all faith in my country and its immigration policies.

To Anonymous asking about having his mum live here with them...you're sort of right.

Yes currently your mum cannot join you here if she can bathe herself, dress herself..doesnt matter how old she is or that she is by herself.

She can only join you if she satsifes ALL the below
a) she has no one else in her home country (no spouse, no other kids, no siblings and no close friends)
b) she requires long term care to bathe and dress herself
c) she cannot get the required level of care in her home country, either with her own money, money from you and/or help from the local healthcare/welfare system there
d) you can prove you have enough money to look after her here without recourse to public funds

My problem with
a) so your parent must be alone. If she has a sibling or a close friend, then she won't qualify (is it really a siblings responsibility or a childs?!)
b) doesnt matter if she is 80..if she can dress herself, she can't come here BUT she if she can't dress or bathe herself she is still expected to get on a plane to reach here
c) so if you have money she can't come here because that money should be sufficient to buy them care in their home country
d) if you don't have money she can't come over..immediately contradicting c)/

So you're not left with any option. Even on her deathbed, your mum wouldn't be allowed here. If she was completely paralysed, she wouldnt be allowed here. And she will never be allowed here (under the existing rules) if she can dress herself. Pretty disgusting frankly that we have this policy.

I urge you to write and speak with your local MP and ask them WHY if you are able to earn a certain level of income and /or provide a bond as security to ensure your mum won't claim benefits here, your mother can't join you. Ask them to give you three examples of when someone will satisfy this criteria they have set. Let's demonstrate to them how completely illegal this policy is because it is. They cannot have a policy whereby they pretend they will let anyone in but be unable to demonstrate who will satisfy it.

Parents of adult Brits represent a miniscule portion of all migrants, yet because they are vulnerable they have been attacked. We have a government that clearly knows it won't be re-elected and hence they're causing as much damage as they can.

Please everyone get in touch with your Local MP, you are better off asking to request a meeting with your MP rather than writing to them

http://www.writetothem.com/

it is your right to request a meeting with your MP or either ask when their next surgery is and see them there and tell them what you think about these new rules and ask them to sign this petition.

http://www.parliament.uk/edm/2012-13/335

·
A British Citizen should NOT not be blocked from living in his/her own country with his/her none EU spouse regardless of the British Citizens Income, whose only crime was to fall in love with someone from outside the EU. We live in an international world where people travel and people have the internet. To make one rule for the Rich and one for the Poor, removing a British Citizens rights to be with their spouse because they do not earn enough money is immoral and detestable and reminds me of the 1930's when Germany made similar restrictions on Jewish people for the so called "protection" of the Germany people and the German economy.

· An EU Citizen ie a Greek person can bring his or her NON EU Spouse to live in the UK without having to meet any of these new restrictions but the UK Government has put these unfair restrictions on its own citizens only. This is very unfair on the UK Citizen.

· From the fiscal point of view, immigration has not been at all a burden on the welfare system. Rather, it has contributed to strengthen the fiscal position. On average each year Immigrants contribute 6 Billion to the British Economy which goes towards infrastructure, schools, hospitals etc and the 6 billion far and above out weighs any cost of them living in the UK. However, Non EU Spouses of a British citizen are alsonot allowed to claim benefits and the number of non EU Spouses of British citizens that joined their UK Spouse in the UK was 80,000 in 2011 however, 385,000 people living in the UK left the country in 2012. Not directly related to Immigration of UK Citizens Spouses but if all annual immigration were to remain at present levels of 260,000 the economy would grow more quickly, ease the pressure to cut spending, according to the OBR. The ageing population in the UK and the fact people are living much longer than previous generations will put growing financial pressure on future taxpayers and governments however immigrants that come to the UK tend to be younger people who go straight into the work place and work hard and alleviate this burden.

· Damien Green tell us that the government can block the UK Citizen who has a Non EU Spouse from joining him in the UK because Human rights act is a qualified right, which is true but Green argues they can interfere with the Human rights act in this case on the basis to protect the Economic well being of the UK and as you can see from the figures the opposite is true and strangely enough Green has shown no figures to support that spouses of UK Citizens effect the UK.

· Not to mention the Human rights act should be there to protect innocent and law abiding British Citizens to have the right to live in their own country with their Non EU spouse regardless of income and the government should not interfere and tell Judges how to interpretate the Law, as in a democracy the state is to remain separate from the Judiciary, unlike in Communist, dictatorship or fascist countries in which can be seen the government dictates and interfere with the judiciary and judges on how to interpret the law. Judges are to remain separate from the state and act independently, not to be dictated to by the state as this is the fundamental basis of a democratic country.

· Greens other argument is that the UK sponsors benefits could increase due to the presence of his/her migrant spouse however many UK Sponsors don't claim any benefits and even if they do they do in their own right and would receive them and the same amount regardless of if his/her Non EU Spouse joined them and they also do not not receive an increase in their benefits due to the presence of their migrant spouse and again Green has not shown how much benefit has been increased due to the presence of the Migrant Spouse which I suspect is either not at all. It must also be noted that the Migrant spouse is NOT entitled to claim ANY public funds at all and does not receive any as is the stipulation in their visa. Unlike a EU Citizen ie someone from Greece, Spain etc who can claim benefits in the UK, and even their Non EU Spouse who comes to the UK to join their EU Spouse CAN claim benefits in the UK!.

I am re-applying for a settlement,I have been told 3 months worth of payslips are enough,you still have to issue 6 months worth of bank statements but 3 payslips is the minimum required to prove your earnings of £18600....

If anyone has heard differently please respond...

I sent 4 months of payslips (as I had lost the others) and they requested the other 2 months when processing our application, as well as 6 months of bank statements.

As stated in a previous post, it was rejected anyway due to earning £18500 and not £18600. So now I need another 6 months of payslips at a higher salary (a £10 monthly increase, lol) and then I can re-apply. This is both as I understand it and as advised by an immigration lawyer.

I have recently started a new job after being out of work for several months,I have searched and spoken to a ton of people who have had their applications rejected and approved,when speaking to these people they have said that,when they had the three months worth of payslips they got their approval because its a decent amount of time to show your in and out goings,as long as there is evidence of why you could not bring in the previous three months I.E you were out of the country...out of work,showing applications made in this period... the application has been accepted!

I have a wife and child,I really hope you are wrong about your 6 months minimum as I will go stir crazy waiting another 3 months,I have already spent 9months without my family!

The rules changed on July 9th, 2012, I will find the PDF for you that outlines the specific ways you now how to prove your finances. They are a lot more strict now, which is why they were so controversial.

Oh, and as you have a child the minimum required salary is not 18600, it is 22400.

Here is the PDF;

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDI...

No, that is incorrect,my child has a UK passport so could fly here tomorrow if he wishes so my threshold would still be £18600 as I am not sponsering my son.

This is a response I got from Local MP in Kidderminster a few minutes ago,its took two weeks...

Thank you for contacting Mark about family migration. I am replying on his behalf.

I am sorry to hear how this is affecting you and your family. It must be terribly difficult being apart from your new born child for so long. However, there have been many problems with family migration and the ability of people to come to the United Kingdom and live off benefits immediately. The Government is trying to restore confidence in the system and to stop UK taxpayers having to foot the bill for family members who cannot pay their way in the UK.

The new rules that you mention are intended to test the genuineness of relationships by increasing the minimum probationary period from two years to five years before non-EEA spouses and partners can apply for settlement. Additionally, from autumn 2013, all applicants for settlement will usually be required to speak better English by presenting an English language speaking and listening qualification at B1 level or above and pass the Life in the UK test.

I am sorry that this is not the answer you were looking for but I hope you can understand the need for a selective immigration policy. The Government needs to know that it is not just the right numbers of people coming here but that the right people are coming here. We need people who will benefit Britain, not just those who will benefit from Britain.

Thank you again for taking the time to contact Mark.

Best wishes,

Teresa

Teresa Fitzherbert

Parliamentary Researcher

Office of Mark Garnier MP

Member of Parliament for Wyre Forest

House of Commons

Westminster, SW1A 0AA

Tel: 020 7219 6979

www.markgarnier.co.uk

i have some Questions about UK spouse immigration:
1. currently UKBA requires A1 english level test to apply for spouse visa. in future it is going to change or not?? someone told me in future we need to pass B1 level test to apply for initial spouse visa. is it correct or wrong??? i am talking about first time application when my spouse is not in UK.

2. i am a self employed and just joined the business in April 2012 and i want to apply for my spouse visa in sep. 2012. i dont have any HMRC approved business account/ tax return as business is quite new. i will be only able to present my audited accounts from my accountant... is this type of accounts are acceptable by UKBA?? please comment..

I have just heard today the rejection has taken place for spouse visa being at £18.600. This is no longer on the home office website but don't know if it is true. Does anyone have any updates.

Would love to hear this being true ? any updates ?

In regards to the question about self-employment;

I had some sole-trader income that helped me make up my £100 deficit in my salary, but same as you it was starting from April and I didn't have any tax stuff setup yet. They rejected the audited accounts and a letter from my accountant, and said I needed previous years tax returns, letter from HMRC confirming I'm self-employed, my unique tax payer reference, evidence I'm paying Class 2 national insurance, etc etc etc.

Sadly, if you read the PDF I linked their guidance specifically states that self-employed income has to come from the previous tax year (or previous two years) and backed up with tax return, etc etc.

hi Kevin,
maybe you should ask your MP if he would change his tune if he or a member of his family was affected by the harsh and draconian rules brought in by Theresa May , ie they had a none EU partner and not allowed to live that partner in UK . That is the test of his sincerity or lack of it ! Of course he is just following the party line which is to reduce net immigration as it helps re-election prospects !

Hi i get £15,500 a year from my job, how much more would i need in savings, my last p60 said i got £16,800 so does that mean i will only need about £2000? am i right? so confused, been to so many websites...can someone please help me...
Many Thanks Melissa

Well what does one say about this country , it seems the best thing will be to just leave ,
but of course it is nothing new that members of parliment do not care about the people that voted them into power , it has always bee like this, power and greed , the word care will never be genuine from any politician,
i was wondering about some rather strange points with the government laws,
if you are on benifits the law, as they put it states you need X number of ponds to live on for you and your family ,
so why is it , the same government say you need so much more if they are not paying you ,
i personally am in a very difficult position myself , not suicidal, but i can truly imagine the real life distress so many people will be going through because of these racist and unfair laws ,
my personal story is . 5 years ago i got cancer, for the first time in my 54year old life i was forced into a position where i was unable to support my self , never in my life before claimed benifits or sick of any description, ,
so the macmillan nurses helped me fill in all the apropiate forms, and they sent them off for me telling me about all the help i would recieve,
a few weeks later i was told no you can not have any thing , all been turned down, macmillan nurses said this was just not possible ,
so they agin filled in forms and other extra forms this time
again i was told can not claim anything now we are 3 months down the line , no money to live off mortgage in arrears , no phone electicity on a card ,
then some one came to see from from the socila security and helped me fill in forms , they said they can not turn you down, but of course they did, then i was told i could apply for sickness benifit , the grand total of £63 each week,
so i thought what the hell , i sent off my filled in sickness benifit form , and guess what ,
i was told because i had not paid my stamps for the last 3 months i could not claim sickness benifit , all my life i have been a honest and decent hard working man,
until i got cancer i never asked for any thing in my life , and often even when i can not afford i will always help others,
now after 5 surgical procedures and so much chemo and radio theraphy i glow in the dark, i still have a sense of humour ,
i am hopeing to start a little business so i can stop being a burden to the state , my last operation was last year, unfortunatly after abdominal sugery you are unable to do any heavy work , not counting the effects of having had all these operations on my body,
any way to my point ,
i was married in october of last year to a non eu lady, she is the love of my life , we talk every day for at least 5 hours , she truly is my life , and my reason to want a life , , we have been in contact now for 3 years , but now again it seems if i do start this little business i will have to wait 1 year or 2 years for accounts , then may be this anti family, totally racist government that clearly does not care about any honest decent person in this country , will actually give my wife a visa so she can come here to help me run our new business together
unfortunatly with out her help i feel i will just never be able to do it myself ,
so unfair , i just ask my self why the hell am i even staying in this country .
but to be fair , the nhs did take out the cancer ?, i only hope to god , that i will be with my love , before it comes back again to take me from her for ever,
life truly is to short ,
and you are never to old to fall so deeply and truly in love ,
and even with age you feel so much pain being apart ,
such is life ,
,

hi my partner is here on a visa already and we just got married this january we are just about to apply for his visa to stay on a probationary period as a civil partner. we both intend to live with my parents for 3 years and they have agreed to it. me my mum and dad work too, was just woundering under the new rules will my mum and dad wage count toward the threshold as well for the minimum income we need
could you please reply to [email protected]

Not surprised, failed government , inhuman lows. This is taking all rights from British citizens. Racist low.

Hi guys i have a question regarding DLR applications article 8 based on marriage to British citizen made before the 9th July out with the rules , do they still get 3 years DLR or the new 10 years route ?

If a person apply for visa and their spouse lose their job is dat gonna effect the visa of dat person.

I would urge everyone on this website to send an e-mail to Chris Bryant MP regarding your situation, he is Labours Shadow Immigration Minister. I myself will be e-mailing him regarding the shocking decisions made my the Conservative Party. In the North of England, prices are cheaper and as a result we earn less, in London the prices are far more expensive but the result is they earn more. To make the rules fairer, they should have imposed a minimum salary for different parts of the UK.

Chris Bryants e-mail: [email protected]

save a copy of the e-mail you send him, so that you can send it over and over again.

Hello guys I'm self employed and I just wanna know. How much of income I have to show recording to new law, how much before tax or how much after tax plz can u answer

Well if they have changeD the f*****g law to £18.600 They should also change the National Min wAGE TO SUMMIT LIKE £8-9 AN HOUR THATS HOW everyone who wantS to get there husband or wife over EARNS enough not sum lousy Min Wage ( have they though about changing HOW MUCH THEY bLOODY PAY US)

tHEY SHOULD DO NOW

How do i contact someoe in person from home office to speak to someone please

New rules are certainly designed to create a hostile environment for immigrants, the draconian laws are clearly against fundamental rights guaranteed under EU convention but as she knows no one can afford to go to courts to challenge she is more than happy to cause this mayhem.

May ure not God and u will never be God!

These new rules are ridiculous and they mean nothing to uk s economy or tax system. ille gal migrants can be unwelcomed and the gov has the power to control illegal migrantion. but coulples and families can t be controlled. laws shd be made to protect them and make it easier for them to get together, mary, found a family and enjoy their relation. this law is UNFAIR and it s a serious VIOLATION of the human rights. if such laws are applied, this means this gov doesn t reflect the british spirit based, their history, their attachment to genuine and human values. for me personally, the best way to protect economy is to control the rich, those people manipulating money behind uncontrolled banking and financial system. now with this law, the gov is protecting these financial delinquents because a rich can mary who he/she wants, but a simple citizen of the uk has to fall in love with a british one. THIS IS TOTALLY RIDICULOUS. THIS LAW MEANS THE BRITISH MIND DIDN T EVOLVE AND IS STILL IN THE MEDIEVAL ERA. it s a shame.

theresa may s family can mary who they want. i always hear about british people marying non uk ones. it s certainly people belonging to rich families like T May s family and her circle of friends. they have the right to mary who they want...THEY ARE FREE IN THIS LIFE...the poor british citizens can t mary who they want...THEY ARE NOT FREE IN THIS LIFE...this law is RIDICULOUS...from now on i won t believe in the british spirit said to be atached to freedom and other values. IT IS A SHAME

i think Theresa may is just being insensitive and over zealous..this is arrant nonsense

I have only just been looking into this as i have a foreign partner and was total shocked at how much i have to earn NOW!! never mind the new increase. I have been with my partner 2 years and communicate everyday on Skype. In my working life i have never earned over £13,000 pounds a year never mind 18,600 or any ware near the new proposed new figure of £ 22,400. At this time i am unemployed so after today am i suppose to go to the job-center and tell them unless they can find me a job with an income of (now £22,400) they may as well not bother!!!!!!!!!!!!!!!!!!!!. I would also like to add that It states on certain government sites that as long as your not claiming government benefits to support you then you can apply for a settlement visa. Can we have this issue cleared up once and for all.It's not wonder some people cheat the system to get here as it is so CONTRADICTORY

Hi everyone,
I came to the uk as a student and i am now on the post study work visa which is expiring soon. I got married to an EU national (Polish) in June in London and i posted my document on the 9th of July, the documents were delivered the the next day, 10th June just when the new changes got into effect. Because of the new changes i have some concern about my application. My concern is;
My wife has been in Uk for almost 9 years and she is permently employed and was earning £1300/month after taxt until when she had a child with her privious boyfriend (they were not married) she is now working on week ends( part time) because she has to look after her son and her salary is £850/month after tax. I am working full time and earning £1500/month after tax. I decided to attach my pay slips to my wife's because we live together in a one bedroom flat and most of the bills re paid by me.
My first concern is, do i stand a chance of getting the visa due to the above mentioned limitations? Also, i have not received any letter after one month to confirm that they have received my application.
What should i do next.
Thanks

Hi i have a question

Is it possible to have two incomes that amount to the required 18600 salary. So one full time and one part time job?

£18,600 I presume this is what she thinks is the minimum amount to survive on as two people.

So as a disabled Brit on benefits (much less than half of that!) I am not allowed to marry someone I love? Someone capable of working but not perhaps of earning that kind of money, but certainly of supporting himself, and as I'm used to low benefits could keep me too to the manor of which I am accustomed. I was never earning that kind of money when I was working full time in a big insurance company.

What ever happened to 'the caring face of conservatism'.

This government has it's strings pulled from the tabloids' offices. It needs to look like it's being tough without upsetting readers of other papers by throwing out two many gay lovers who will get hung as soon as they arrive home. It doesn't actually care about the human costs, just how they are seen by the fascist press.

Its a small gesture but a move in the right direction that the gov't is putting in an 18k earning flood for migrants. Its too little too late and more needs to be done.

It seems to me that in socio-economic terms there are 3 types of immigrant; the elite, workers and dependents (this includes dysfunctional people, people who seek benefits and to avoid work, or who wish to falsely claim asylum) . Discrimination according to these categories is essential. The economic elite are certainly an asset to the country; they bring in funds and in certain cases create jobs through investment. The middle category, the workers needs to be handled with care because of the risk of the behaviours that are exhibited today where immigrant labour is undercutting local labour resulting in local labour going on to claim benefits. Even where labour skill shortages exist, the importation of labour should be resisted wherever possible and local labour suitably trained. Where skills gaps must be filled, worker immigrants should be granted short term renewable visas e.g. 3 years, and local labour trained in the interim. The third category of immigrant should be avoided at all costs.
One must also examine immigration in racial terms. There are those who are have a close genetic link to the indigenous people i.e. white European, those who have a fairly close genetic link i.e. the people of Southern Europe, and those who are of different races. Discrimination according to race is equally essential, not only to preserve the ethnic and cultural status of the country, but for social cohesion. To have large quantities of people of different races causes subcultures to form. Britain should make sure that the vast majority of entrants to the country are genetically close to the indigenous people and for each degree of genetic separation of a peoples, the allowable number of immigrants must drop many degrees. This would mean for example that if the socio-economic criterion were satisfied, several million white Northern Europeans would be allowed to immigrate to the United Kingdom, several tens of thousands of Southern Europeans would be allowed to immigrate, and less than a thousand black Africans would be allowed to immigrate per year. This is approximately the policy that is in place in Finland which has high parliamentary representation by nationalists.
I believe that “Discrimination” is something to be encouraged rather than stigmatised or criminalised. In traditional British literature a person of high stature and refined taste would be referred to as a “discriminating sort of chap”. We practise discrimination in our lives regularly, in choosing our partner, our friends, the things we buy. Discriminating in terms of immigration is essential for a nation’s wellbeing and immigration policy needs to discriminate.

Anonomous yes we must preserve the purity of the British race. Angles and Saxons should be sent home along with Danes Jutes Romans and their Carthagian and Germanic soldiers. There is also traces of Moor and Norman. Britain should be kept for us Neanderthals.

Social cohesion happens very well where there is no prejudice. You can talk to another human being even if they look different from you, dress differently and like different music. You can learn from them in a way that you can't from someone who looks like a mirror image.

I do agree that the flood gates were too wide and it will take integration a longer time because of it. Personally I worry about faith schools more than ethnic difference, segregation breeds contempt. On the plus side no one complained about all these foreigners coming over here and winning gold medals for us.

The new rules imposed on July 9th are factually nothing less than Discriminating, Racist, Prejudice and Inhuman. After spending hours reading the UK Border Agency website its clear this government is clueless about real life in the real world.

If the home office and secretary of state are that worried about protecting the UK taxpayers and do not want any non EEA citizens to be a recourse to public funds, then the law can be so straight and simple and I dont see the problem with the following method....!

All non EEA citizens can still have the right to enter the UK with their Husbands/Wifes/Fiance Providing they can show evidence that they are genuine, they have known eachother for a while, and its not an arranged or forced marriage e.t.c. And when the non EEA citizen has clearance to enter, NO type of benefits whatsoever can be claimed until they have been living/resident with their partner for minimum 5 years and have contributed tax or NI for a minimum of 5 years.

As for the non EEA citizen possibly having children and giving birth? Then that should be ok as the British citizen has a British born child. THOSE rights for any child tax credits cannot be removed.

Thats protecting British citizens and public funds WITHOUT removing human rights from honest decent people in this country who just want to have a genuine happy family.
And a genuine happy loving family doesnt need to be British citizens marrying British citizens. This is the 21st century. I feel we are thrown back to year 1166.

For those of you only making applications now, I wish you the best of luck and hope you find a better way!

Hi, does anyone know if this policy will affect UK Home Students wanting to bring their spouse into the country to live with them? If I'm a full-time British Student, how will this new law affect me? They can't possibly expect me to get a job which pays £18 600 and study full-time simultaneously, can they? We had originally intended to apply in October, once I'd saved up £5000, but now I fear that this won't be enough to cover it. I'm so disheartened. If any one knows whether of not this policy affects UK Students or how I may find out for myself, then please let me know.

Is it £22,400 (for a family with one child) after or before tax? And can you include benefits in that amount?

I am utterly disgusted by the whole thing. I just cannot believe what I have read. My Son has a non EU fiancee who is pregnant (my Sons child) and at present visiting the UK. She goes home to her native country soon and my Son will accompany her for a few weeks. They want to marry and have a family life although no decision as yet has been made as to the future residency (only just found out she is expecting). Unfortunately for my Son, living in her Country is not an option as its a poor Country and he needs to stay in the UK in order to continue his job to support his family. Now it seems that she and their unborn child will not be able to live in the UK because of the new rules in which I find utterly distasteful. My Son earns £17000 per year, has no savings and lives at home with me. I am more than willing to accommodate my Sons new family (permanently) and help financially in any way that I can but it looks as though we have no choices in planning for my Sons future thanks to Theresa May and her raciest rules. How dare she! My poor Son, my Future Daughter in Law and my unborn Grandchild, what future do they have under this damn Government!!

well the new rules are sick £18,600 a year on min wage is not possable in the north of England it should be 10,000 or 9,000 even family help will not be accepted so basicly u are telling me to leave the uk and my family here.

I think it is an excellent proposal. Having a threshold of £18,600 per annum is perfectly acceptable. Especially when the current standard of living on a minimum wage for one single individual is roughly £10,000 per annum, if you wish to sponsor someone their living costs and accommodation will match a single individual to that proportion. So to sponsor an individual you should at least need another £10,000 per annum extra to afford that standard of living costs of that other individual otherwise that individual is prone to become a burden onto the state( A foreign individual who has made no contribution to the state). Also going abroad on holiday is not cheap having to go constantly is not cheap either to keep a relationship going. The burden of such costs to such individuals would be minimal as to keep that relationship active would be a considerable cost to bear anyway, which only someone on a considerable wage could possible pursue. Also the fact it makes the relationship maker more cautious about getting into a forced marriage or shame marriage situation. Also the cost is a minimal brunt the families have to incur compared to what the state may have to incur once these families are eligible for full UK citizenship and are then able to live off the state, from only giving 5 years contribution to the costs of living some families are then able to claim a life time supply of free housing, benefits, schooling, and use the NHS for a lifetime. It is a small price to pay.
Well done, Theresa May

So I need 6 months wage slips.. That's ok for me... But since I was living with my husband for 3 months abroad I didn't get a w wage for them 3 months I was still employed but I took it unpaid... Does this effect the 18,600? My last 2 p60s say 20,000 and 18537 will they go go of that if I provide that.

If my son does not meet the financial requirements would I (his mother)be able to be a sponsor. I am sure I can only sponsor for a short visit but I cannot find any clarification on this.

The amount of earnings is pitifully low, looks like the taxpayers will be picking up the bill for others choices.

This is so unfair, I got married in April, and now I'm 14 weeks pregnant.. I dnt believe the law actually got through. IV been paying my taxes since I was 18 now I'm 19. Our relationship is genuin and it makes me so upset knowing I don't earn enough. I'm on no benifits and have been earning my own money for 2 years, I'm currently looking for a new job but I'm not sure if my husband will be here in time for the baby. This is so sad :(

Hi

I Have a question... My husband who is british was living with me in Colombia for the last 6 months, but I have not got a job since we arrived, so we decided to go back to The Uk, but he needed to go back alone because he does not have a job.. he is currently looking for a job.
The question is how long I need to wait in Colombia before applying for my spouse visa ( we got married in The uk in January) if he gets the job this month?
I need to wait 6 months? I do need to know please.
Also I would like to know if we need to have 16000 thousands pounds of savings?

Thank you for your help.

Could you answer asap please.!!

this is what I sent to the sun after the editorial they had in the paper on sunday.I would like to comment on the story that you had in your newspaper. On Sunday. I am one of many women who are married to men from outside the eu. For a member of the government. Who says we have sham marriages is disgusting. I am married to a Tunisian man and it is a marriage of love. And at present we have to live in two differ t countries due to the new immigration laws.thresea may says we have to earn 18600 a year. As a woman this is hard. To do. And especially. For people who live outside the major cities. I live in York where the average wage is about 10-12 thousand a year. How do the government expected us to earn such a high wage. When she decided these rules was she just looking at middle class people. Not the average British person. I know that I am one of many women. Who are in the same situation where our husbands live in another country. We feel that we have singled out. We know there are issues with people. Who have men who marry for a British. Visa. But this not in my case. I even set a group on Facebook. So women can try and find out. When we can do but we face so many. Blocks against. Us because we have married Muslim men because of people. Little minds. And the government. Has not helped. It shows that government. Is. No thought for the comman person that we can not have a life with our husbands. Your paper has only given her view. Why can't you give the view of people
Like me and other people. I have one Freind in northern Ireland. Who works 12 hours shifts. To try and get near to the eligibility rate. I work. Long hours as well. Sometimes 10 hours shifts but still can't get. Enough. So come on sun. Put a story together taking on the other side and show not everybody. I what the government. Says. My husband. Can't even get a visitor visa because the government said they he would not return. Twice we have been refused. So I have to live a Lonley life. Because of the government. I have applied for any job to reach the threasehold. But so far. Nothing. I have hope one day the government will see. As a British citizen I should be allowed to be the same as everyone else I pay taxes all I want is my husband to be with me please. Help us and do something. To help us.

but they are not interested there are so many women I Know I Have a face book group for UK women married to Tunisian men and we have discussed these points and no one can understand her reasoning |I have just finished a 12 hour shift and earn the minimum wage even if |I worked seven days a week 12 hours a day I still would not earn the minimum threasehold limit I cant seem to work out how I will ever be able to live with my husband I have been married a year so it looks like under her rules I have to be alone and a second class citzen

This has got to be the most ridiculous and discriminating laW. This even suggests that people Who are unfortunately genuinely disabled and so cannot be in employment, have to stay o their oWn Without a spouse simply because they are unable to Work and make a certain amount. Not even employed people here ake that anyWay..thats straight discrimination! And then they Wonder Why theyve got those problems!..utter crap!

reading all these comments about how much you earn,in my case I have about £9000 income,but then I have no mortgage,so surely instead of a blanket coverage all cases should be done on an individual basis.I have tried 2 years to get my friend here,no cost to the UK taxpayer for first 2 years and 6 months,but it seems we want to give benefits to illegals and EU visitors and stopping legal applications,(a European diktat to bring down immigration figures).A typical kneejerk reaction from this current government

i agree that each case should be indvidual why do a blanket cover I have a small mortgage work full time and my husband would not cost anything if he got work they would tax him so they want to treat us with disrespect tax us and give nothing we have tried twice for him to visit me but they say no and it has cost so much money for the visa applications and i would never use a company again either they just bleed you dry and not fufill any of the criteria they say they would

hi, any one tell me, if some is student is uk and want to marry with a british national, and is it necessary for his sponsor that he or she should have 18600 per annum incom, if he he or she want to sponsor some one that is inside uk to change his imigration staus?

hi
my name sampath i am living in india i want to become a england citizen my age is 17 what visa i will need and how much it costs and how much money have to required to stay in england is it possible
thank you

I also used a firm to do my visa and they were so late in returning paperwork by the time it was sent, bank statements etc were out of date.Now we have these students, who have been told to leave in 60 days from the University in London,I think if I am right they are all none european,ie the Commonwealth and rest of world,what does this say to our Commonwealth friends,some who supported us in 2 World Wars,sorry Europe is more important to us now.Other countries have no problems in returning illegal visitors,only the UK,so now we who have found some-one on the internet,or travelled the world are now paying for Border Agency lacking in getting the illegals sent back,Mr Camerons fair and open government,perhaps the Commonwealth should tell us we are not interested no more in being members,although there is better opinions now for more ties to the Commonwealth.

Hi, its not only loved ones who are not getting visas,clergy from Commonwealth,flights provided,lodgings and permission from Archbishop of Canterbury to officiate at sermons have been refused visas along side 23 teachers,all had flights and lodgings provided,Border Agency reason for refusal,they come from poor country(Tanzania and Zanzibar)and don't think they will go back home,twice I was given for my friends refusal the same reason.The Border Agency had a report from the Inspector of Border Agency about Africa and UK,there shortcomings and faults,please read and and see what you think,I am no lawyer but I can see things were done against us on several things.http://icinspector.independent.gov.uk/

The Human right to family life should not out weigh the Human right to live a quality life. Which can only be achieved via proper sponsership. The commonwealth countries are supported by british aid. What contribution are these commonwealth countries doing for british interested compared to the contribution they have recieved and are recieving via british aid technologies and industries. British contributions totally out way commonwealth contributions. Development of railways, good roads are all british contributions, only we still find ourselves contributing to other countries development, with minimal contributions back even after major trade relations have changed after world war 1 and 2

the wont go home reason is the one they use all the time it makes people look they are second class my husband only wanted to come a meet my family and go home but we were refused twice
i feel robbed of my family life and feel i have no rights as a british citizen but i am only a commoner and the goverment have singled us out thresea may sits at whitehall and does not think she affecting our lives in fact she is ruining it

My wife was just refused her settlement visa but granted leave to remain.
We applied in Feb 2012 but she failed on the basis i don't make 18,700 a year plus 2800 for our daughter. My daughter is British and so am I but my wife i not.
I make 25675 a year but she was refused on these grounds, is the amount you need to earn after tax?
They gave us no explanation why other than i didn't meet their criteria and we could no appeal the situation.
We also receiving 80 a month child benefits which are in my name, as my child is British will this still count as no recourse to public funds?

Anonymous said:

"My wife was just refused her settlement visa but granted leave to remain.
We applied in Feb 2012 but she failed on the basis i don't make 18,700 a year plus 2800 for our daughter. My daughter is British and so am I but my wife i not."

I think you need to see an immigration lawyer. It sounds as if a) they were clearly not following the rule about applications made before July 9th being judged under the old rules (which is very scary to me.... my husband and I submitted our application at the end of June and went through a huge quantity of stress, heartache, and cost to do so, as we know we won't qualify under the new rules - so they'd better damn assess it by the old ones!), and that b) even if they were incorrectly assessing you under the new rules, they were not noting the fact that your daughter is British and thus ought to be exempt from the extra funds required for a non-EU child.

As far as I know any related British citizens (i.e. children, partner, etc) of a non-EU spouse applying for a visa are still eligible for benefits.

this is so sad reading these comments,taking all onboard it seems that non european countries,ie Commonwealth and rest of world have not a chance.Some say write to Chris Bryant,don't forget it was the labour government opened the doors to the euro,and now all legal applications have more or less taken a back seat due to Euro rules.I know of some who got friends here to UK with valid visas and return ticket back to their home country being turned away at border control on some simple technicality,when others who have no ticket,no visa have remained,so easy to target the simple cases,no other country like Australia and New Zealand,USA and Canada have no trouble in finding and returning illegals.After 2 years of trying and many thousands of £'s,I am on my last chance of trying,so hopefully I will get a result this time.

i am Portuguese , it has been 9weeks now that i have submitted an application for my wife and we have not hear from the ukba . any help please

i want to re-unite with my wife and step children and was garnteed refugee status, any changes with that rule ?

Dear migrantsrights Team,
My name is Marta Rubió, and I am with the Web Research department at InterNations.org. InterNations is the biggest online social network designed for expatriates worldwide. Our mission is to support expatriates with the integration into their new communities. Our members can connect via our activity and discussion groups as well as forums. The interaction is not limited to the Internet: we also encourage our members to meet up at our InterNations Events, which are held in nearly all our Local Communities around the world.
I am writing to inquire on the prospect of publishing an article on migrantsrights.org.uk. We focus on expats moving to or travelling in the United Kingdom, thus the services you offer are quite handy for us. We are looking into placing editorial content into your site (including 1 or 2 links to our guide section), is this something you might be interested in?
We could also help promoting your site on our platform’s listing of services offered for our expats.
According to the fact that I took some of my time to write you this PERSONAL E-mail instead of copy-pasting a template as it is the case for many companies, I would really appreciate if you send me your answer, even though it is a negative one! Thank you! :)

Buy GW2 Gold and start to save money! http://www.gw2gw2.com/gold.html Guild Wars 2 Gold | Cheap Guild Wars 2 Gold all from professional game currency studio! Safe and secure.Want to Buy Guild Wars 2 Gold Cheap, Fast and Safe? We have GW2 Gold with best price. Safe GW2 Power Leveling All by skilled veterans!All Guild Wars 2 Gold on US servers can be provided in full stock. http://www.gw2gw2.com/gold.html cheap GW2 Gold | Whenever you need gw2 gold, you can buy gw2 gold from our safe online store.Cheapest Guild Wars2 Gold, GW2 Gold for sale. Fastest Guild Wars2 Gold Delivery, 100% Customer Satisfaction! Mmopowerlevels offers the safe and most reliable service, http://www.gw2gw2.com/gold.html Buy GW2 Gold | here can be available at the cheapest prices.

. Read This What Right does She Have To Discriminate Us !!

Poor people to be prevented from marrying

By Free Movement On 11 June 2012 · 15 Comments · In News ....Theresa May has announced that people considered by Bullingdon Club alumni David Cameron and George Osborne to be ‘poor’ will be prevented from marrying or living together in the same area. In order that individual assessments need not be made, a threshold of £18,600 is being set to define poverty.

Where poor people break the spirit of the new law and do have children together but do not marry, a new form of exclusion order will be sought to prevent them from living in the same area as one another in order to make their lives as difficult as possible. The policy will act as a disincentive to being poor or to having children if poor. It is intended to encourage the poor to marry into the middle classes. As a result less poor people will then have children, with considerable economic and social benefits to the rest of the population.

Theresa May, Home Secretary, said:

“We are doing this for the good of the country. Poor people have been causing social unrest and diluting our nice middle class culture for long enough. We expect poor people to think ahead rather than acting impulsively and irresponsibly. If they cannot find someone from the middle classes to marry and have children with, they should stay single and childless.

It is not about reducing the numbers of poor people as such, it is about economic necessities during these difficult times. We accept that some children will be left without parents as a result of this tough but necessary measure. That is a price worth paying. It will mainly be poor fathers who are prevented from seeing their children because women are less likely to earn the minimum income, but that’s OK because a mother’s place is in the home anyway and poor women should find nice rich husbands who are middle class instead, like in the old days.

If poor people do not like this, they can go and find another poor country to live in together where they will feel more at home, like Greece or Pakistan.”

A spokeman for poor people said that the attack on the poor amounted to a policy of eugenics and it was quite unlikely that poor people would simply stop falling in love with each other or having children just because some rich politicians would prefer that they marry middle class people who can support them. The spokesman added that the policy ran totally contrary to the Government’s normal support for traditional family values and was going to be a social disaster leading to an increase in single parent families and child poverty.

When contacted for clarification a Home Office spokesman denied that the measure was aimed at poor people as such:

“No, no, you’ve got it all wrong, this is about foreigners so it is OK. Also people who like foreigners and half-foreign children, but they’ve only got themselves to blame. A few nice photogenic white people might get caught out as well as all the ethnic minorities, but they won’t vote for us anyway. If you swap out the words ‘middle class’ for ‘British’ then you’ve pretty much got it, though.”

Hi All,
I am currently a University student, am studying full time and also working full time, however my full time wage is not up to the required amount to bring my wife to the Uk. I get a student loan and that tops it the the required amount.. Will this student loan count??

This new rules is against Human Rights and needs to be taken up with the European Court of Human Rights. We all need to make ourselves heard, write to MP's write to Cameron. We cannot just allow this to happen. Surely people who are genuine, good citizens who want to bring a spouse here should be able to. The Human Right to Family Life is surely more important than anything else in this situation. The financial threshold should be totally based on disposable income and not on wage and each applicant's different circumstances should be taken into account.

I have written to my MP and it was a waste of time. She passed my email to Damian Gray the immigration MP who wrote me a vile, appalling not to say down right disgusting letter telling me that I should be grateful that I’m not going to be a tax burden ( I have 2 jobs and earn apox £15,000 I already earn to much). Anyway I'm British I’ve worked for the past 12 years paid my tax and NI but this doesn't seem to count. I also pointed out my human rights under section 8. The letter stated that that would be at the government’s discretion whether I’m allowed that or not.

What gives this government the right to force me out of my home and away from my family and friend just because I’m married to a non EU citizen (Kosovo)? I want my husband here with me so we can be a family and have children without the fear that if we do I need to not only earn £18,600 BUT £22,500 . I’m looking for another job but I live in the north east and the pay is low (ask the government who is trying to reduce pay for their staff in this area).

I’m one of the 40% and I’m just a number.

I have been married to a British citizen for 14years and we have three children. We currently live outside the UK but plan to settle in the next 9months.

I am not an EEA national.

What should i do?

hi im a british citizen with four british children my husband came here in march 2012 on a 27mth spouse visa will these new rules affect us or what some please help

Hi I am Nepali citizen was in Australia for three years earning 37000 gbp pa and I came to London to meet my gf on student visa and I dont have work permit and my gf doesnt earn 18,600. This means I cant marry her and settle here just because she cant earn 18,600? What about I already qualify to sponsor myself while I applied for student visa here...

What should I do?

# How can you claim to be poor and be a sponsor at the same time, either way one of them is a lie?

I am in the same boat married to a non EU partner. In Full time employment with earning less than 18,600 under the new rules unable to sponsor my my partner. Do not have any saving, currently trying to find a second job within Liverpool which is very difficult umployment rate at 30%.

I left school when I was17years old always paid taxes and NI, no criminal record worked for public service not claiming any benefits ( yes freezed my pay for the last three years, ) because some bankers made some poor decisions.

In limbo land at the momen,t haven't seen my wife for fourteen months because need to save. Stressed and depressed my doctor sign me off two months for depression but i can't go off because it affect my pay and job too scary incase i lose this job too. There is no justice what so ever.

I wonder how these people sleep at night knowing some of the lifes they are affecting.

Help!! My husband and I live in the uk and have been together for 2 1/2 years. We married in February of this year and submitted our visa application on march 30th 2012. Unfortunately he was an overstayer, I'm a uk citizen. On the old laws we should be ok, on the new laws we may not. Here's the question..... Will we be affected by the new laws even though we applied 3 moths before the changes came in ? :/ we are still awaiting the decision from the home office and I'm worried if they refuse we won't be able to appeal.

I'm an American currently engaged to a British Citizen. We are currently working to apply for a fiance visa. He works a very good security job, 4 days on 4 days off 12 hour shifts £7.70 an hour...which adds up to about £16,800. He is able and does work overtime occasionally which helps bring that up, but my question is, how strict is the border agency when reviewing applications for fiance visas with the new income requirements? We will be devistated if the only thing that stops us from being able to be together is less than £2000.

I have been livnig with him in the UK since July 2012 on a visitors visa and am returning in 2 weeks to apply for the fiance visa. He has fully supported both of us with money to spare and save at the end of the month. I don't see how its fair to deny us the right to be together, if we live just fine on his current income. Plus within a matter of months after my arrival upon successfully recieving the fiance visa, we will be married and I will have the right to work, and our income will nearly double then anyway.

Anyone know our chances??

My bother is in the same position as you he is a british cz and she is American. My brother income meets the requirements but they don't have the savings, they are trying to raise the cash.
They have been advised by the lawyer to marry in us-apparently its cheaper and takes about the same amount of time. my bro will then return and his fiancé will return when ukba ok her visa. Their lawyer said that as she has a good job and a degree that should make her case stronger. Also if she can line up a job here it will make her case stronger still.
I hope this helps, it's so frustrating, the new laws are a nightmare. My comment is the one above yours, re overstayer.
You need to find yourself a good lawyer if you haven't already, one who specialises in immigration.

My bother is in the same position as you he is a british cz and she is American. My brother income meets the requirements but they don't have the savings, they are trying to raise the cash.
They have been advised by the lawyer to marry in us-apparently its cheaper and takes about the same amount of time. my bro will then return and his fiancé will return when ukba ok her visa. Their lawyer said that as she has a good job and a degree that should make her case stronger. Also if she can line up a job here it will make her case stronger still.
I hope this helps, it's so frustrating, the new laws are a nightmare. My comment is the one above yours, re overstayer.
You need to find yourself a good lawyer if you haven't already, one who specialises in immigration.

hey intellectuals and understandable people on here .i obviously need help please . !!!!!

we made an EEA application to ukba thorough a solicitor on July the 10th of this year and the application was received by the ukba on the July the 11th of this year .my wife is Ghanaian and am a Portuguese , and it almost 10 weeks now but we haven't heard from them nor receive an acknowledge letter from them .

N.B the lawyer have sent them a letter and he as well asked me to send a letter to the MP in my local area ......

ANY IDEA OR HELP PLEASE

Hate this government so much, if only they were separated from there families only then would they understand. Actually heartbroken.

What evidence of income do UKBA require ?. Do they check with your employer or with HRMC or do they want payslips ?

unfair yes it is but without my family i have nothing left to go on for so if nothing changes soon i will make a final staement which though will be to late for me will hopefully help others

Hi I had applied for spouse visa on 20 June 2012 but my visa granted on 26 July 2012,could you please let me know if I am in new rule or not?

I have flown out to my friend,to see if the British High Commission would help,nearly to much trouble to talk on phone let alone make an appointment,so much for tax paying citizen,born and bred at that.Another point,if you have had mail from Lunar House,Border Agency HO,all mine have been signed by a foreign name,not one with good old english name,just think those in charge of immigration all from other countries,still if reports are right,Border Agency might be privatised,give first crack to english names when they recruit and let us look after ourselves

Total disgrace. Theresa Mays daft rule is wrecking the start of mine, my partners, and new babys family life. He has already missed the whole of my pregnancy and it's extremely unlikely he will have the privilege of entering DISNEYLAND even temporarily (what with all these jobsworths on border control) to see our first baby enter the world. I have had it with this punishing, unfair, over priced 'country'. I am moving to my partners country and look forward to binning my British passport. I deeply regret TM for forbidding my mother to see her first and only grandchild grow up because we will be 5000 miles away on the other side of the world -EXILED from the country i was born in! This is all because I love someone outside of a line on a map??!! MADNESS!!

First we had Blair,then Brown and now Cameron,only Cameron promised a fair and open government,for who,ilegals will still be coming in and welcomed with benefits,while the rest of us who have tried to do legally and no cost to the UK taxpayer for 2 years or more are being punished.Never let it be said some have used relationships to enter UK and disappeared within few days and leaving husbands,(liverpool man goes to buy milk,not home more than 30 mins,he comes back,wife gone,wether she has been found,not sure).The Border Agency who does the governments dirty work,they have losted thousands and thousands,other countries have better tracking ilegals,so why not UK,if you give Border Agency one small mistake, you have no choice,even with a report I mentioned before,Border Agency not doing enough to find more info,easier to send back,even if you are not in any particular group which should stay or be rerurned.I have no hope for my country no more,took my heart and soul away.This government has done so many aboutturns(30+)can we hope this new set of rules will be dropped.

u turns are what I was looking for to my previous post

Under this new law can we not go to the human rights?

Hi everyone
Can you please help with this immigration matter
I been married and living in morocco for the last 5 years with my moroccan wife we have 2 kids ( they all have british ppt as well as myself except my wife) so we decided to move back to england as my business in morocco didnt go well and also for the education of our kids and because of the new finance regulation for spouse visas my wife applied and received a tourist visa for 6 months so we all live here now but my wife visa will expire next month so what will happen to her now she can't go back and leave our kids here and i can't stay and look for them as im looking for a job so this law is pushing families for divorce or sending them to poverety !!!!! anyway if she stays beyond her visa what will happen ?!!!
kind regards
Zak

A note on commenting

Due to recent increased commenting activity we have taken the decision to disable commenting on old blogs. As we are a small office it is simply impossible to fight spam and keep removing comments that don’t comply with our house rules on what is now an archive of over 800 pieces.

We have also decided to take a more proactive role in enforcing our blog house rules on the blogs where comments are open. The rules are there for a good reason and we want to make sure we are consistent and apply them across the board. 

This is not in any shape or form meant to stifle debate, but to make sure that it remains civil and on topic.

Thanks and best regards,

--MRN Team

http://www.migrantsrights.org.uk/about/blog-rules

MRN blogging and comments – Policy and House Rules

Your comments

1. Please be civil– we will remove anything that:

  • Is considered likely to provoke, attack or offend others
  • Is racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable
  • Contains swear words or other language likely to offend
  • Breaks the law, condones or encourage unlawful activity or which could endanger the safety or well-being of others
  • Impersonates someone else
  • advertises products or services

2. Comments that could damage the reputation of a person or organisation, that risk prejudicing on-going or forthcoming court proceedings or that could place MRN in contravention of its legal and/or regulatory obligations will be removed.

3. Please make comments relevant to the subject of the article. We may remove comments that we consider to be spam or which are unrelated to the article content against which they are posted.

4. Please keep the number of comments you make on a topic reasonable. Too many posts from an individual or small group can discourage other readers from joining the conversation.

5. In exceptional cases we may get a high volume of similar comments on a post. In these cases we may close comments for that post, adding a note letting you know that further comments will not be published.

6. By submitting comments to this site, you warrant that such comments are not defamatory nor infringe any law. You agree to indemnify MRN against all legal fees, damages and other expenses that may be incurred by MRN as a result of your breach of the above warranty.