Alert: Rule Changes

Thanks johnw for the explanation, sounds like things could go into effect pretty quickly. But at least once they've been proposed to Parliament we'll know the details (assuming that at that point it's public information?)

Yes, it's public information, so we'll get at least 21 days notification before the changes can go into effect. Unless the government ignore the regulations and don't give Parliament the full notice period  -- they've done this before with the Immigration Rules.

And after that? What's the likelihood high income requirements will stand up to legal challenges?  And if there is a successful challenge, will we go back to the current requirements or will the Government have to come up with satisfactory requirements?

ETA: I know I am asking for a bit of crystal ball gazing, but I am curious if this will be seen as outrageous as it does to most of us.  But even if the changes are overturned, the government wins because they can blame the courts for tying their hands.  It's almost if they'd come out better if it was reversed.

Don't ask me, I've no better guess than anyone else Nobody can really predict the courts, but the Supreme Court's reasoning in the Quila (the ruling on spouse age) is encouraging. But who knows... And whatever happens, it will take years to sort out through the courts even if there is a successful legal challenge.

The judges have already determined that "not earning enough" isn't a proportionate reason for splitting up a couple or family who are already living here. People win appeals on this all the time. But that's Leave to Remain - as I understand it, it's rare to win an Article 8 appeal for entry clearance, because you have to make a good case that you can't both live in the applicant's country. Having said that, if it's 26k, that might be seen as disproportionate anyway ...

And after that? What's the likelihood high income requirements will stand up to legal challenges?  And if there is a successful challenge, will we go back to the current requirements or will the Government have to come up with satisfactory requirements?

ETA: I know I am asking for a bit of crystal ball gazing, but I am curious if this will be seen as outrageous as it does to most of us.  But even if the changes are overturned, the government wins because they can blame the courts for tying their hands.  It's almost if they'd come out better if it was reversed.

Daniel Knowles, who writes in - of all places - the Telegraph, has been quite outspoken about how unfair it is. He does a piece every time DG makes a speech. But I agree - I'm sure they'll blame the EU/ECHR when they miss their migration target.

Well, the thing is it raises the problem of actually doing the opposite of what the government's supposed aim is.

It creates a situation where a low earner (but someone who isn't drawing benefits) can't sponsor their non-EEA spouse unless they have significant savings even if that immigrant has the potential of earning more than the sponsor once they are here.  This is because it is based on the sponsor's income.

It opens the door for couples made up of low earners in both countries who would not have the means to hit any income thresholds in the home country of the foreign partner to bring the other over because there is no way they can practice normal family life because they are too poor in the home country.

I earn 23500 a year in Somerset, my bills come to 1000pcm total a month. someone tell me that the left over (450 pcm) wouldnt be enough to support a spouse? I do agree on a cap, 18000 seems resonable to be honest, but the average wage? Thats ridiculous. Await the actual announcement with interest.

http://www.wolframalpha.com/input/?i=april+1%2C+2012+-+21+days

Looks like we've got 4 days to go before the law states they have to announce the new family migration rules. Does anyone have any info? I'm assuming they might do it tomorrow since it's the last weekday...

I'm secretly hoping they haven't made a consensus yet and won't do anything until April 2013... which could still affect me since I'm only due for ILR after that..

Dying to know what the changes are going to be....
Seriously stressed out to the max! I wish we could get so lucky as to not have anything change till 2013 at least then i'd be on a spousal.

Dying to know what the changes are going to be....
Seriously stressed out to the max! I wish we could get so lucky as to not have anything change till 2013 at least then i'd be on a spousal.

You're not the only one!   

Me too!! Count me as one among many hoping these changes are not forthcoming. And if they do, I really hope they give a bit of time for those finding themselves stuck in the "I'm already married, now what do we do?" situation time to get their visas sorted and done under the current guidelines.

Stressfull??? Ohhh yeah 

You're not the only one!   

Did you apply already kbee?

It's not impossible that it could be delayed. Some of the other things on their to-do list have been.

http://transparency.number10.gov.uk/transparency/srp/view-srp/40/54

Not getting my hopes up though!