Let's Analyse the New Family Immigration Rules from July 9, 2012

So after months of hints and speculation, the new family migration rules have been announced, and will come into effect on 9 July 2012.  It's not all bad, either, the simplification of the maintenance requirements is definitely a good thing.  This will prevent a lot of hair-pulling about whether this-and-such situation is adequate, and will that-or-the-other source of income be counted, etc.  The bad news of course is that the newly clear financial requirements are also bl**dy steep. 

So in a nutshell: 

• The sponsor (ie the UK citizen spouse, fiance or (proposed) civil partner) will need to have a gross income of 18,600 per annum.  Failing that, income from certain other sources can be used to make up the deficit.  Savings can also be used. 
• For the initial entry clearance (visa obtained outside the UK) ONLY the sponsor's income will be considered.  Previously, the applicant was allowed to use future earnings to prove maintenance provided s/he had a written offer of employment.  This is no longer true.  Applications for FLR where the applicant was working legally in the UK (eg on another type of visa or during the first 2.5 year probationary stage) and for ILR, the applicant's income will be considered along with the sponsor's. 
• If the sponsor and applicant are moving at the same time, then the sponsor must have a job offer or the couple must have a HUGE amount of savings.  £62,500 for the initial entry clearance (spouse visa) for a sponsor with no income.
• If the sponsor's income is less than £18,600, the deficit can be made up with savings.  However, ONLY savings in excess of £16,000 will be considered, and then the sponsor must have 2.5 times the difference between his income and the requirement, IN ADDITION to the £16,000 minimum.  So if the sponsor earns £15,000 he must have £25,000 (16,000 + (3,600 x 2.5)) in savings or the application will be refused. 
• Anyone on non-disability benefits will no longer be eligible to sponsor.  Full stop.  I can't see a way around this.  No one on JSA or Income Support would be able to meet the financial requirement.  Also, Child Benefit, Working Tax Credits and Child Tax Credits can NOT be included in maintenance calculations.
• As far as the Life in the UK test and the English language requirement, nothing significant will change for Americans, with the possible exception that some over 65s will now have to take it.  Natives of English speaking countries will still be exempt from the language test requirement.  However, for non-English speakers, the requirement to achieve a B1 on the CEF (Intermediate level) in time for settlement means that poor families who cannot afford English lessons will struggle.  The difference between the initial requirement of A1 (Elementary) level and B1 is HUGE.  I say this as a teacher of English as a Foreign Language.  It takes a lot of serious study to reach B1, just living in the UK won't be sufficient.  This adds another expense for non-English speaking immigrants, and it's not a small one.  Full time English lessons could set you back £1000+ a month, easily.
• There's something about employment that's more or less than six months old, but I confess I can't work out what the difference is.  Anyone else care to take a stab?
• Third party support will no longer be allowed.  Couples are still allowed to live with family members, provided that the accommodation is adequate, but no more financial sponsorship.  This will make things very tough on young couples. 
• ILE is toast.  So is KOL required.  Everyone will have to go through the five year probationary period before indefinite leave is granted, regardless of the length of their marriage outside the UK.  This seems to contradict the "genuineness of relationship" stuff the gov't is stressing.
• And speaking of "genuineness of relationship," the statement alludes to new relationship tests at each application stage (inital, after 2.5 years, ILR) but it's anyone's guess what these tests could entail.  Interviews perhaps?  Balance of attachment?

So what does everyone think?  I shall be watching Theresa May's future progress with considerable interest...

Apologies if this has already been answered: but what if it's the US spouse with the job offer of more than 18,600 [and NOT the sponsor]?

• There's something about employment that's more or less than six months old, but I confess I can't work out what the difference is.  Anyone else care to take a stab?

I read it as:
- income requirement of at least £18,600
- if you're applying based on a salary of, say, £19,000, you must have been earning at least £19,000/year for the past 6 months
- if you just started your job paying £19,000 last month, you're OK if you can show that you've earned at least £18,600 in the last 12 months (so if you worked for 6 months at £38,000, then took 5 months off, and have now started a salaried position paying £19,000, you're OK because you've earned at least £18,600 in the last 12 months)

That's just my guess, though.

Apologies if this has already been answered: but what if it's the US spouse with the job offer of more than 18,600 [and NOT the sponsor]?

We will not take into account the previous, current or prospective employment and earnings, or any job offer, of the migrant applicant at the entry clearance stage

Looks like it has to be the sponsor if you're applying from outside the UK

Looks like it has to be the sponsor if you're applying from outside the UK

That's just bollocks.

From the mouth of my very educated, self-employed, very British husband who is living in the US: "Looks like we'll never go back to that $%$$%# country now."

I read it as:
- income requirement of at least £18,600
- if you're applying based on a salary of, say, £19,000, you must have been earning at least £19,000/year for the past 6 months
- if you just started your job paying £19,000 last month, you're OK if you can show that you've earned at least £18,600 in the last 12 months (so if you worked for 6 months at £38,000, then took 5 months off, and have now started a salaried position paying £19,000, you're OK because you've earned at least £18,600 in the last 12 months)

That's just my guess, though.

This makes sense. 

That's just bollocks.

From the mouth of my very educated, self-employed, very British husband who is living in the US: "Looks like we'll never go back to that $%$$%# country now."

Hold on, if you're self-employed it's different - at current exchange rates it looks like he would need to have earned ~$30K over the past 12 months or ~$60K over the past 24 months.

I read it as:
- income requirement of at least £18,600
- if you're applying based on a salary of, say, £19,000, you must have been earning at least £19,000/year for the past 6 months
- if you just started your job paying £19,000 last month, you're OK if you can show that you've earned at least £18,600 in the last 12 months (so if you worked for 6 months at £38,000, then took 5 months off, and have now started a salaried position paying £19,000, you're OK because you've earned at least £18,600 in the last 12 months)

That's just my guess, though.

That's how I read it, too.

My question is, what happens if you were making below that, you just got a job at or above the threshold, but your spouse visa is about to run out? Would they deny ILR based on the fact that you haven't been making enough for the last six months, even if you are now? Could you extend FLR, or is it game over?

Fortunately, I received my visa a few months ago (it's valid starting on Friday). I got the KOL req'd stamp, and, based on what I've read, it seems that will be honored, yes? Assuming I can apply for ILR as soon as I pass the test, will it be under the new or old financial requirements? Anyone's thoughts?

Demiurgican, you'll be fine.  Anyone who a) currently has an entry clearance or LTR, b) obtains an entry clearance or LTR before July 9, or c) submits an application for entry clearance or LTR before July 9, will be assessed under the old rules.  It's only new applicants post-July 9 who need to worry. 

Zero, would you mind transplanting your excellent post from the thread you started into this one?  That way we could have everything in one place .

Hold on, if you're self-employed it's different - at current exchange rates it looks like he would need to have earned ~$30K over the past 12 months or ~$60K over the past 24 months.

I'm sorry? I missed that information somewhere!

Here's my situation: DH is self-employed. He couldn't make the same money in pounds in the UK that he makes now in the US. I'm very employable, and could find a full-time job paying more than the requirement. He couldn't.

Could you please point me in the direction of rules for self-employed sponsors?

Demiurgican, you'll be fine.  Anyone who a) currently has an entry clearance or LTR, b) obtains an entry clearance or LTR before July 9, or c) submits an application for entry clearance or LTR before July 9, will be assessed under the old rules.  It's only new applicants post-July 9 who need to worry. 

Thanks, that's what I thought, but a little voice inside kept saying "What if that's only for length of time before you can apply, and not the financial requirements?" We should be find either way, but I can probably apply sooner under the old rules.

I have to say, I'm just heartsick over the number of families this is going to impact. Thank you so much to Uk-Yankee, because of you I saw these changes coming and was able to be proactive!

Zero, would you mind transplanting your excellent post from the thread you started into this one?  That way we could have everything in one place .

cross-posted :p

Just read through 70 pages. I'll try to summarize the main points of interest I noticed... Feel free to correct any mistakes.

There is a 5 year route and a 10 year route for article 8.

Transitional arrangements: great news as long as you apply on 8 July or before. If you are refused but appeal after 8 July, you'll either be successful under the old rules, or be condemned to the 10 year route (instead of DLR).

50. An applicant for further leave or indefinite leave to remain on the five year family route who fails the new financial requirement will be granted further leave on the 10 year route if they qualify for it on Article 8 grounds. If they applied within 28 days of the expiry of their extant leave, their time on the five year route will count towards the 10 year route. If an applicant for further leave or indefinite leave to remain on the five year route has overstayed by more than 28 days, they will have broken their continuous leave and their time on that route will not count towards the 10 year route if they qualify for it.

So if after 2.5 years you lose your job, you have to go on the 10 year route, but it's still 10 years from the date you entered the UK, not 10 years from when you lose your job.

58. The current 14 year long residence route to settlement for those in the UK lawfully or unlawfully will be abolished

(Doesn't apply to anyone here I hope) Illegal immigrants who came over in 1998 and were hoping to get ILR later this year will be gutted.

75. That existing requirement will apply where the applicant is exempt from the new financial requirement because their sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance.

93. An applicant – sponsored by a person in receipt of a disability-related benefit specified above or Carer’s Allowance – who will be exempt from the new financial requirement from 9 July 2012 cannot expect that they will necessarily remain exempt from April 2013.

Disabled sponsors will hopefully keep the old maintenance requirements, but this is not guaranteed and you also need 5 years to get ILR.

79. The Government is not looking to draw up a personal financial balance sheet for each sponsor (outgoings, credit card and other debts, mortgage, etc)

Interesting.

83. a. Entry clearance officers and other caseworkers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.

b. Entry clearance officers and other caseworkers will have discretion to rectify minor errors in an otherwise compliant application, e.g. where the application would meet the financial requirement except that a piece of evidence is missing (e.g. one bank statement in a series) and contact with the applicant establishes that this can be submitted quickly.

Make sure your application meets the requirements before you send it. But they won't refuse you just because you made a small mistake. Currently it seems like it depends on the ECO's mood..

d. We will not take into account the previous, current or prospective employment and earnings, or any job offer, of the migrant applicant at the entry clearance stage. Employment overseas is no guarantee of finding work in the UK. The family route is not the primary immigration route for a migrant partner coming here with employment: with an appropriate job offer, they can apply under Tier 2 of the Points Based System.

h. they must be in that employment (at the required salary level) at the point of application and either have been so continuously for at least the previous six months (at a salary throughout at the level required) or have earned the required amount through salaried employment in the 12 months prior

j. Where the sponsor has been working overseas and is returning to work in the UK, ... a firm, verifiable job offer or signed contract of employment to start work within three months of their return

147. Where the sponsor is returning with the applicant to the UK to work, the sponsor does not have to be in employment at the point of application.

No need to send resumes or the USC's payslips details in the US.

If the UKC has a UK job offer, his/her previous salary in the US needs to have been over £18.6K too!!! (if they have no savings)

If the USC has the UK job offer and the UKC is a housewife/househusband, you'll need to apply under Tier 2, then switch to FLR(M) after 6 months...?

m. At (l) above, cash savings above £16,000 now under the sponsor or applicant’s control can have originated from a third party, such as a parental gift, Accommodation can still be provided by a third party.

You need to show you will either EARN or HAVE £18.6K a year. If using savings, the first £16K doesn't count. So earning 18K, you need savings of £600 per year PLUS £16K.

The visa is only for 2.5 years, so that's £1500 (not £3000) + 16K = 17.5K. If you can support yourself on an £18K salary, then the 17.5K savings can be reused when you get FFLR(M)

For ILR, you need 1 year's savings, so £16K + (£18600 - annual salary).

3rd party support can count, but the supporter needs to give the entire cash amount of savings to the couple 6 months before they apply. You can't use the value of a house. You can't use joint accounts with someone else (i.e. the UKC's parents).

The savings can be returned to the supporter once they are earning a combined salary over £18.6K for 12 months.

89. The new financial requirement will not apply to a child who:
• Is a British citizen / EEA national

103. The fact that an applicant has never visited the UK will not be regarded as a negative factor,
105. in entry clearance cases, an initial period of 33 months will be granted
107. Immediate access to indefinite leave to remain on the family route will continue to be available to bereaved partners.
108.
Immediate access to indefinite leave to remain on the family route will also continue to be available to victims of domestic violence

Important.

106. the partner of a migrant under the Points Based System who wishes to settle with the main applicant will be required to have been in a relationship in the UK with them for at least five years, as well as serving five years on a route to settlement, before they can apply for indefinite leave to remain.

If I read this right, the partner of someone on Tier 2 (i.e. both Americans) now needs 10 years to qualify? For a couple entering on Tier 2 before April 2011, the main applicant gets ILR in 2016 but the dependent wouldn't until 2021, even if he/she was working all the time?

162. They do not need to provide information in the first instance about any income/savings which they and/or the sponsor may have beyond this.

No need to show them every single bank account.


Wow.

I'm sorry? I missed that information somewhere!

Here's my situation: DH is self-employed. He couldn't make the same money in pounds in the UK that he makes now in the US. I'm very employable, and could find a full-time job paying more than the requirement. He couldn't.

Could you please point me in the direction of rules for self-employed sponsors?

It's on pages 47-52, and actually it's the previous tax return or previous 2 tax returns. So if your earnings dropped in the last year, you could still qualify if you earned more in the year before.

And he would also need that full-time job unless the US self-employment will continue in the UK.

This is just what I'm reading from the SOI, so you can have a look yourself and see whether you agree with me.

The 10 year track --for people who can't meet the requirements for the five year track-- is not 100% bad either.  It *should* mean that no one will be removed from the country for losing their job or otherwise having bad luck with finances pre-ILR.  Of course, ten years is a looooong time to be in limbo, and that's the bad part.  But at least it looks like they won't be separating families who are already in the UK.