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

The biggest surprise to me was the fact that the 5 year probationary period is 2 x 2.5 year chunks, not one 5 year grant of LTR. Did anyone see that coming?

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.

Also it may not be a full 10 years on FLR(M) if you switched from a student visa etc. as it looks like they are keeping the 10 year long residence rule.

Let's see. If someone entered as a student in 2009-2012, then got a PSW before it ended, and got married now, but was afraid of not meeting the financial requirements - it might not be in their interests to switch to FLR(M) until the end of the PSW. They would get FLR(M) on article 8 for 5 years and then qualify for long residence.

The biggest surprise to me was the fact that the 5 year probationary period is 2 x 2.5 year chunks, not one 5 year grant of LTR. Did anyone see that coming?

I thought it was in the consultation - but IIRC it said 2+3 not 2.5+2.5

So I am curious to how this will affect naturalization for non-eea spouses who apply after July 9th. Will the qualifying time for naturalization still be 3 years residence, but they can't apply until they are free from immigration time restrictions (ie: their 5 year probabtionary period) or will they up the residency requirement so they have to have a period of time between ILR and naturalization?

For example: can they apply for naturalization the day that ILR is granted to them after their 5 year period is up or do you think they will change it so there is a waiting period in between?

Did that make sense? lol

So I am curious to how this will affect naturalization for non-eea spouses who apply after July 9th. Will the qualifying time for naturalization still be 3 years residence, but they can't apply until they are free from immigration time restrictions (ie: their 5 year probabtionary period) or will they up the residency requirement so they have to have a period of time between ILR and naturalization?

For example: can they apply for naturalization the day that ILR is granted to them after their 5 year period is up or do you think they will change it so there is a waiting period in between?

Did that make sense? lol

This won't be an issue for a long time, since anyone currently in the pipeline has an expectation of being able to continue along it, and there's no indication that citizenship requirements will change at all.  If they don't, then spouses of British citizens will be eligible for citizenship after 3 years residence and ILR, which perversely will mean 5 years residence, since that would be the requirement for ILR.  Once ILR is granted, the applicant would immediately be eligible for citizenship--this is already the case for people who have spent time on other visas prior to switching to the spousal path.

The 10 year thing is clearly there to ward off any legal challenges to these new rules.   I suspect hammering that part out was the reason the changes were delayed for so long (that, and wrangling with the LibDems over the threshold - TM originally wanted it to be £25,600.)

I'm curious, I have my spouse visa, but I won't be able to enter the UK until July 23rd, does this mean I'll follow the old rules or the new?

This is so horrible. I kept thinking 'sure they wouldn't,' but they did. 

I'm curious, I have my spouse visa, but I won't be able to enter the UK until July 23rd, does this mean I'll follow the old rules or the new?

This is so horrible. I kept thinking 'sure they wouldn't,' but they did. 

The new rules will only apply to people who apply for their visas on or after July 9th 2012.

If you already have your visa, you have nothing to worry about (they based it on when you apply, not when you enter the UK) and the new rules will not affect you.

No, you're on the old rules :-)

One interesting extra tidbit I found in the rules:

89. The new financial requirement will not apply to a child who:  
• Is a British citizen (including an adopted child who acquires British citizenship)

Utterly absurd.  I foresee horrible situations where couples have to forgo having children for fear of not making the maintentance requirements.

Thanks! I feel horrible for those who have to apply after July 9th. If we were up against that, we wouldn't make the requirements. 

So if someone doesn't have enough money to qualify for ther 5 year track, there is new 10 year track to fall back on.  All very good, except the person in question, who is too poor by their standards, now has to find an extra £1000 or so every couple of years.

How will this help them integrate?

Malcolm, I'm confused. I understood that as meaning that a British citizen child will not 'count' as an extra for the maintenance. So if a spouse is coming across with children who are not British (like from a past marriage) they would have to add on the extras for them, but if the child is British, they won't. That's a good thing surely?

Utterly absurd.  I foresee horrible situations where couples have to forgo having children for fear of not making the maintentance requirements.

Why would they have to forego having children?

It's saying that if the child has British citizenship (which they normally will have if one parent is British), then they won't have to show any extra maintenance funds for them - only the minimum amount of £18,600 for the couple.

However, they will need to show the extra maintenance if the applicant has a non-UK citizen child from a previous relationship.

Under the current rules, you have to show maintenance for all dependent children, whether they are UK citizens or not, so this rule actually seems to be an improvement.

So have they separated the FLR chunk partly in order to "catch" those currently on FLR?
We're halfway through our FLR, I'm assuming when it expires we'll need to get the second 3 year FLR to bring us up to 5 years on FLR. 

I would also assume it's there to ensure that you can't live here (albeit illegally without informing them of the break down) for a maximum of 2 years if your relationship breaks down after you get your first FLR visa, it's like a check in point that your relationship is still valid and therefore your visa is as you'll have to prove you've been living together etc after the first few years..

Cheesebiscuit, your DH will be able to apply for ILR after two years on FLR.  To reiterate:  EVERYONE who is in the pipeline now or will be (by submitting an application) before 9 July will be under the old rules.  So if you're in the UK or will be soon, QUIT WORRYING!!!!!

As far as splitting the FLR into two, I think you're right that they're looking to a) catch people whose relationships break down, and b) catch people who can't support themselves after 2.5 years. 

I foresee horrible situations where couples have to forgo having children for fear of not making the maintentance requirements.

However, they will need to show the extra maintenance if the applicant has a non-UK citizen child from a previous relationship.

I think Malcolm might have read it wrong, but anyway, a couple will never have to forego having children because they will be born in the UK to a settled person!

If the UK citizen wasn't born in the UK, existing kids from the same relationship might not be British however. That's ridiculous and I strongly believe the system should be like the US where you just have to have lived there for 5 years to pass your citizenship down.