Family migration consulation

The consultation on family migration has been released:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/consultations/family-migration/

They're proposing a 5-year residency period for ILR, possible requirement of a Danish-style "balance of attachment" to the UK, a minimum income threshold, removing ILE altogether, and tougher English language tests. And restricting subsequent sponsorship of spouse visas if sponsors have previously sponsored a spouse (again, as in Denmark).

Edit: there's no proposal to restrict access to the NHS or to restrict working for spouses. And a possible requirement to prove 12 months of existing relationship before marriage.

Oh boy...already?!  Thanks for posting it!

So what if your already over here on a two year spouse visa? And one year has gone by? I just called the Home Office and the woman I spoke to said they didn't know anything about the Family Consulation. So does this mean if this is pushed through and I am eligible for ILR from July 2012 onwards, I wont be able to get it now? This is all so confusing and makes me want to cry!!

Thanks johnw!

If people in UKY want to form up a working group to respond to this consultation, let me know.  I will be in ILPA's response so cannot lead for UKY, but this consultation should attract some capable UKY people!  Hopefully.

I'd be happy to join a group.  I think I need to work/talk through some of these questions to figure out how best to answer them.  The language they use on these things can be misleading at the best of times and I want to make sure I give the most effective answers.

For instance, the one relating to the minimum income threshold.  They don't propose just how different it will be.  They just say "we'll raise it and we're asking MAC about how".  How about you as MAC first, come up with an actual plan, and then have a consultation?  It's one thing to just up the £105.95 to say £120 and another to say you need to make such-and-such amount/year after taxes.  It just stinks of trying to exclude people because they're poor anyway.  I'd probably answer no anyway.  See!  I need to talk these things out! 

Plus, they don't always allow you to explain your response on the online form and these things can generally be more complicated than a "yes" or a "no".

Plus, they don't always allow you to explain your response on the online form and these things can generally be more complicated than a "yes" or a "no".

Excellent! 

Let me know if you can work on this!

Aleanora, I wouldn't panic just yet!

This is a consultation, not a change to the rules. It's a good guide to what might be implemented, but it will be some time before we know what is going to happen, especially with regard to transitional arrangements for spouses in-country.

It looks like they will be going for a temporary renewal after 2/3 years (see 2.35 in the consultation document), but this may change.

Presumably the ability to get Citizenship after 3 years (plus having ILR) as a spouse would be changed to 5 years too, given it would be unattainable for anyone who granted a spouse visa after the change took place?

I agree with Nose.  For instance, I think it would be a good thing if they were to actually set an amount for income. 

It will take the guess work out of things and lead to less panic, but not if they plan on setting the income at three times the poverty level or something. 

I would be happy to join a group transpondia for Ukyankee and will work on any consulation.  I agree with nose over tail bout the income I think its already hard enough has it is.  Because if you take the average rent up north anyway of 400 to 500 pound per month plus the 105 per week it means someone already needs to earn bout 1000 pound per month which is already above the minimum wage levels of course they have to earn more if they have any dependants.  For one child I make it bout 1300 per month without sitting down precisly and doing the maths.

Love pads x

I think their proposal that a spouse visa applicant must show a 12 month applicant/sponsor relationship  history prior to applying will affect people in UKY.  Especially since it's conceiveable that this could be legislated when Parliament next rises after the consultation.

They will be looking for a lot more satisfactory evidence than Skype and ICQ logs.

I'd be willing to work on it.

Yep, I'm in.  I don't feel I know enough to be comfortable leading, but I would be happy to brainstorm and get involved.

As a side note: I won't be applying for a UP visa until October/November of next year.  It's really great knowing I will be here for 8 years total before I'll qualify for ILR!   

Can someone please clarify this :

(Figure 3) in the Consultation
Make ILR available after 5 years instead of 2 years
One would be required to get a 2 year Marriage Visa (as now)
Then reapply in country for a 3 year Marriage Visa
Then apply in country for settlement.

So they want to make sure the marriages are real, but still get that cash inflow 2 years into temporary residency? What are the chances this just a temporary measure for those of us on spousal visas now, rather than a 'permanent' change?

Not that it matters anyway, if this goes through I will probably denied a 3 year visa as we eloped with very little family present at the ceremony, which according to this document means we do not have a "genuine" relationship. Off to tell DH the jig is up

NOT, join the club. My ILR appointment is on 1 August; my 8 year anniversary of arriving in the UK is 13 September.