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Topic: Will current immigration debate effect spousal visas?  (Read 771 times)

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  • Paul & Terri O'Neale
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Will current immigration debate effect spousal visas?
« on: May 24, 2006, 04:09:16 PM »
I'm a bit worried. We are still trying to decide if we abandon our application for my husband to come to the US and instead get spousal/dependent visas for me and the children. Having been through this long and difficult American system I am worried about John Reid's vow to straighten out the whole immigration process in 100 days...seems a bit unrealistic to me. My questions are...

Do you think these changes will effect spousal visas too?

How fast can he make sweeping changes under your government system?

Should we hurry up and file?

I don't want our family to continue this long separation but we are still investigating what choice will be best for everyone. We are real close to making the decision to file, but I need to talk to some recruiters in my field to make sure that I am employable over there before we make this decision.
Terri P O'Neale


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Re: Will current immigration debate effect spousal visas?
« Reply #1 on: May 24, 2006, 04:41:22 PM »
He's focusing on deportation issues.  Any changes which were going to be made to family based migration would have taken place in the Act that has just been passed.  By my reckoning, nothing in your area of immigration is likely to change for at least 2 years...that is the average time between major immigration Bills under a Labour Government. 

Victoria


Re: Will current immigration debate effect spousal visas?
« Reply #2 on: May 24, 2006, 04:48:08 PM »

That's all political hoke.  They are not going to do much other than to axe some scapegoats and try to sort out the liaison between the prison system and the Immigration Service.  The Family Formation Programme is not affected in the current round of tough talk.

To the broader issue, they leveled down the spousal probationary period to 2 years in 2003, and I've been expecting another one to follow possibly in late 2006 or 2007 (if they do it at all).  But that's only a prediction on my part based upon their on-going convergence to EU rules, and so it is nothing to at all to bank on.



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Re: Will current immigration debate effect spousal visas?
« Reply #3 on: May 24, 2006, 06:29:13 PM »
Thanks for the information. When you spoke of 'level down' the spousal visa...you mean the ILR requirements? What would you predict to change? And would it effect those already there?
Terri P O'Neale


Re: Will current immigration debate effect spousal visas?
« Reply #4 on: May 24, 2006, 08:03:11 PM »
Thanks for the information. When you spoke of 'level down' the spousal visa...you mean the ILR requirements? What would you predict to change? And would it effect those already there?

Yes, to level down means like in 2002, the spouse could apply for a concession granting ILR after 1 year.  In 2003, they changed it to 2 years to level it with the UP requirements.  And in 2006, from absolutely nowhere, they leveled down the ILR requirement from 4 years to 5 years for everyone in the points system.  And they further disqualified everyone below Tier 2 from applying altogether. 

So with that all in place, and with the new CPB operating as of last December, it makes sense that they will hit the spouses next.  Why?  Because it makes good copy and spouses don't really have a big voice in the way things work. 

To your other question about effecting those already in a Family Formation track, the way they do it is to announce an effective date and that's that - so it would.  Unless they decide to grandfather everyone who arrived after a certain date - but they have not been grandfathering because that creates a class of problems in its own right.

But it's way important to remember that this is all speculation, so take it as that.  As Victoria said, they can't rush another act through until late this year without looking *completely* lost.  So if you are entering this year or next year, odds are it will not be in place anyway.


Edit:  I forgot to emphasize something, the two year residence requirement for spouses to qualify for ILR is still *YET* a concession.  Go to the IND site and read the rule and you can see it worded as such - people tend to overlook this because it seems so normal and they don't read *CAREFULLY*.  So it may not require an act of Parliament to simply alter the concession since the whole thing is outside-the-rules anyway.  Over to you, Vicki...
« Last Edit: May 24, 2006, 08:09:25 PM by garry »


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Re: Will current immigration debate effect spousal visas?
« Reply #5 on: May 25, 2006, 08:30:39 AM »
No, Garry, I've justre-read the rules and the IDI's, and I'm not with you...


Vicky


Re: Will current immigration debate effect spousal visas?
« Reply #6 on: May 25, 2006, 10:08:20 AM »
No, Garry, I've justre-read the rules and the IDI's, and I'm not with you...


Not with me on the leveling down prognostication?  Or the wording of p288 and related texts?  Or both?   :o


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Re: Will current immigration debate effect spousal visas?
« Reply #7 on: May 25, 2006, 10:23:56 AM »
Not with you that it's a concession.  Seems pretty clear to me that it's in the rules.  I suppose the use of the word 'may' could make it ambiguous, but the same could be said for any category.

As for whether or not a change would need legislation...it probably could be altered with an order in council in theory, but anything major would require legislation if only by convention.

Vicky


Re: Will current immigration debate effect spousal visas?
« Reply #8 on: May 25, 2006, 11:34:42 AM »
Not with you that it's a concession.  Seems pretty clear to me that it's in the rules.  I suppose the use of the word 'may' could make it ambiguous, but the same could be said for any category.

As for whether or not a change would need legislation...it probably could be altered with an order in council in theory, but anything major would require legislation if only by convention.

Vicky



Wouldn't that mean that those granted FLR under A8 could access the rule?  Whereas in fact, they cannot?


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Re: Will current immigration debate effect spousal visas?
« Reply #9 on: May 25, 2006, 11:38:03 AM »
But p288 relates directly to spouses on the 2 year probation and their conversion to ILR, not A8 applicants.

(Apols to anyone else who is bored by this discussion - I'm not in the office today so we can't debate this by e-mail!)

Vicky


Re: Will current immigration debate effect spousal visas?
« Reply #10 on: May 25, 2006, 12:12:24 PM »
(Apols to anyone else who is bored by this discussion - I'm not in the office today so we can't debate this by e-mail!)


I didn't know you were at home today.  I propose that we engage in lofty and principled debate at a public establishment Tues or Wed next week.  Said establishment being defined for such purpose by virtue of its ambience and long-held tradition within the English cultural framework.  Those not bored are most welcome.

I believe the first round is yours this time?

And earlier today I put a personal email into your office mailbox.  I'll resend it to the other one...


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Re: Will current immigration debate effect spousal visas?
« Reply #11 on: May 25, 2006, 12:50:08 PM »
Pontefract Castle...Tuesday...i'll bring the immigration rules and you bring the IDI's!!!

 ;)

Terri - sorry for hijacking your thread!

Vicky


Re: Will current immigration debate effect spousal visas?
« Reply #12 on: May 25, 2006, 02:14:07 PM »
Pontefract Castle...Tuesday...i'll bring the immigration rules and you bring the IDI's!!!

 ;)

Terri - sorry for hijacking your thread!

Vicky

 ;D  Yes ma'am!

I'll bring something from the advocacy side, either Clayton or JCWI or such. 

If anybody is out there who won't be totally bored by watching two advisers getting pissed as a newt then you are welcome to join us? 

 ;)


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Re: Will current immigration debate effect spousal visas?
« Reply #13 on: May 25, 2006, 04:21:32 PM »
No need to apologize...if I were in the UK now I'd be happy to join you...except I'd probably have a million questions about the difference in governance. Have fun and don't get too pissed. (either way)
Terri P O'Neale


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