Employment Question

Sirius, thank you so much for putting it into perspective like that.

I don't really understand what happened with all the examples you gave because I am not familiar with what happened with the people on these visas. But it sounds like they were trying to amend their tax returns to make it look like they met the income threshold they needed for the visa? Is that what happened?

Yes. They were coming up for ILR and found out via all the refusals on the forums, that UKVI now checked with HMRC to see what income they had declared to HMRC for their SE  tax, at the time of their visa renewal. The rush to amend their tax for that previous tax year (pay more taxes), did not get them ILR as they had used deception in their visa renewal application, as their past earnings were not genuine.  It was a visa that needed two 30 month visas to reach the 5 years to get ILR.

. And as you have all told me, a refusal is not deportation. I still have ILR.

Some people remain on ILR because their own country does not allow dual citizenship.

I've been getting support from an organisation called Families Reunited UK, who are also campaigning for the rights of children unable to live with their parents because of the current process/income limits.

There are no human rights that allows somebody to choose which country they want to live in The courts take the view that they can have their family life together in their their own country (children get theiir citizenship via their parents),  or in the country of the foreign spouse they marry.

The Tier 4 Sudent visa holders and the work visa holders, cannot bring their children unless their spouse is also coming on a dependant tier 4 visa or the work dependant visa. The exception is if the childs other parent has died, or they can prove sole responsibilty

The Graduate visa that the UK brought in for those who have been to university in the UK, does not allow these to bring their spouse and children if they were not already their dependants on their Tier 4 Student visa. They also must apply from within the UK and before their student visa expires. A big change to the previous PSW visa, that foreign students could have. The changing to a work visa before they finished their degree, has also been stopped.

From the January intake, the Tier 4 student visa holder can no longer bring their dependants (partner and children under the age of 18) to the UK, unless they are studying certain degrees.

Many countries won't allow foreign students to bring their wife and child and the student has to prove they have insurance that will cover all their medical bills and any GP visits or emergency hospital visits, before they can have a visa. If they do allow a spouse, they are not allowed to work and they also need full medical insurance.

The Tier 5 Youth Mobility visa does not allow dependants (partner and children) either. They won't get that visa if they have children or they are financially responsible for child. They also have to be young, between ages 18 to 30 to get that visa. Under age 35 if they are a New Zealand citizen and that will soon include Australian citizens too.

There are no human rights that allows somebody to choose which country they want to live in The courts take the view that they can have their family life together in their their own country (children get theiir citizenship via their parents),  or in the country of the foreign spouse they marry.

The Tier 4 Sudent visa holders and the work visa holders, cannot bring their children unless their spouse is also coming on a dependant tier 4 visa or the work dependant visa. The exception is if the childs other parent has died, or they can prove sole responsibilty

The Graduate visa that the UK brought in for those who have been to university in the UK, does not allow these to bring their spouse and children if they were not already their dependants on their Tier 4 Student visa. They also must apply from within the UK and before their student visa expires. A big change to the previous PSW visa, that foreign students could have. The changing to a work visa before they finished their degree, has also been stopped.

From the January intake, the Tier 4 student visa holder can no longer bring their dependants (partner and children under the age of 18) to the UK, unless they are studying certain degrees.

Many countries won't allow foreign students to bring their wife and child and the student has to prove they have insurance that will cover all their medical bills and any GP visits or emergency hospital visits, before they can have a visa. If they do allow a spouse, they are not allowed to work and they also need full medical insurance.

The Tier 5 Youth Mobility visa does not allow dependants (partner and children) either. They won't get that visa if they have children or they are financially responsible for child. They also have to be young, between ages 18 to 30 to get that visa. Under age 35 if they are a New Zealand citizen and that will soon include Australian citizens too.

Not everyone lives in a safe country and there is the human right to family life. I understand you have no heart but there are circumstances where the UK citizen cannot move and the minimum income can be impossible for many to meet outside of London. Keeping children from their parents helps no one. https://www.coe.int/en/web/impact-convention-human-rights/right-to-family-life

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I understand you have no heart

Don't be silly: I'm stating the laws. You not liking some laws, but liking others, does not change that. You can have a read of this article if it helps you to understand. Note that it was written before the UK ended the EU's Free Movement to the UK.
"There’s actually no right to family life in the UK"
https://freemovement.org.uk/article-8-right-to-family-life-in-the-uk/

but there are circumstances where the UK citizen cannot move and the minimum income can be impossible for many to meet outside of London.

The UK NMW (National Minimum Wage) is national; for the whole of the UK. At present it is £10.42 per hour for the low skilled and it rises every year. The low skilled can work they way up and earn more than the NMW.

It would be a struggle to live in London on the NMW but many will only earn the that for a 40 hours a week. The rents in London will be higher and the house prices are higher. It is unlikely that the  housing element of benefits will cover all their rent and there is no benefit help for mortgage interest payments.

I've been getting support from an organisation called Families Reunited UK,

Is that for your ILR application? I was wondering if you passed the Life in the UK test before your FLR(M) visa expired? If you didn't, you could have applied for another FLR(M) before your visa expired to be legal and keep bill free access to the NHS; and then apply for ILR afterwards. If you were quick, I think you might have been able to vary your application to ILR?

Is that for your ILR application? I was wondering if you passed the Life in the UK test before your FLR(M) visa expired? If you didn't, you could have applied for another FLR(M) before your visa expired to be legal and keep bill free access to the NHS; and then apply for ILR afterwards. If you were quick, I think you might have been able to vary your application to ILR?

The KOLL waiver applies to my circumstances so hopefully with the help of a solicitor it will be resolved shortly.

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