ADVISORY: Confirmation of Caps to Family Path Settlement Visas

Someone asked futher up the thread and I will ask again - do you have any indication if this would be applicable to "initial" visas only?  Or would those of us currently on a spousal visa be subject to caps once applying for ILR (or equivilent)?

This is exactly what I'm worried about.

It's arguable that they will do T4 and T5 before getting around to family, but possible.  

If the yardstick is contribution to settled immigration, they would go after family caps before capping off T4.  But if the yardstick is sheer volume, then they would go for T4 first.

I'm not sure how T4 caps would work since a monthly rollover would invariably cause applicants to miss their start date.  A monthly rollover on family applicants doesn't have that restriction, so that's an arguement to do family first.  

The most difficult issue on T2 caps is that they plan on allocating slots based upon last year's usage and NOT last year's allocation.  It means a company who didn't use their allocation because they found a work-around or because they took the extra time to find resident labour gets royally stuffed and will get allocated ZERO.  A company who gobbled up all their allocation gets a mere single digit % reduction.  

I'm not sure how T4 caps would work since a monthly rollover would invariably cause applicants to miss their start date.

 

No dependants allowed or no working for dependants:full healthcare insurance:no ILR after being a student for 10/14 years:no visas for an obscure university/course: path to citizenship removed? All guesses, but they could work it so the numbers of successful applicants dropped.

The most difficult issue on T2 caps is that they plan on allocating slots based upon last year's usage and NOT last year's allocation.    

Didn't they say they were going to base this on the US caps?

No dependants allowed or no working for dependants:full healthcare insurance:no ILR after being a student for 10/14 years:no visas for an obscure university/course: path to citizenship removed? All guesses, but they could work it so the numbers of successful applicants dropped.

I think they're treating the caps for economic migration by set numbers of visas to be issued rather than a sort of ways-to-discourage-applications approach, which is probably a more likely scenario with the family route (although no one knows just now, obviously).

But, that's not to say they wouldn't do any of those things you listed to ensure that the people who are applying for a T4 are legitimate students and are not seeking to abuse the system.

Didn't they say they were going to base this on the US caps?

That's a very standard and time honored approach they use to market new policies.  The Points Based System, for example, was marketed as 'Austrailian Style'.  And in the end, there was nothing in common with Austrailia about it except they are both called 'PBS' and they are both islands.   

Someone asked futher up the thread and I will ask again - do you have any indication if this would be applicable to "initial" visas only?  Or would those of us currently on a spousal visa be subject to caps once applying for ILR (or equivilent)?

This question has yet to be answered. Are we talking about new entry clearances only, or are those on visas that have already been granted (fiance, spousal, cp) on the chopping block too? In other words, my fiance visa has been granted. So once I get married, is it possible I might not get my FLR (M) approved due to a cap? Or after I'm granted my FLR (M), is there a chance I may be subject to a cap and not be able to apply for probationary citizenship? It's bad enough they will put a "cap" on a blossoming romance, but are we actually talking about splitting up existing relationships now too?

This question has yet to be answered. Are we talking about new entry clearances only, or are those on visas that have already been granted (fiance, spousal, cp) on the chopping block too? In other words, my fiance visa has been granted. So once I get married, is it possible I might not get my FLR (M) approved due to a cap? Or after I'm granted my FLR (M), is there a chance I may be subject to a cap and not be able to apply for probationary citizenship? It's bad enough they will put a "cap" on a blossoming romance, but are we actually talking about splitting up existing relationships now too?

I obviously don't know for sure (no one does), but I would imagine it would be more focused on those trying to enter the UK vs. those who are already here.  That's seems to be how they're treating the Tier 1 and Tier 2 cap (for the moment anyway). 

I would think that they would have a lot of human rights stuff thrown at them if they started shipping out spouses who are already present and settled, especially where children are involved.  But again, no one knows. 

They probably don't even know, to be honest. 

This question has yet to be answered. Are we talking about new entry clearances only, or are those on visas that have already been granted (fiance, spousal, cp) on the chopping block too? In other words, my fiance visa has been granted. So once I get married, is it possible I might not get my FLR (M) approved due to a cap? Or after I'm granted my FLR (M), is there a chance I may be subject to a cap and not be able to apply for probationary citizenship? It's bad enough they will put a "cap" on a blossoming romance, but are we actually talking about splitting up existing relationships now too?

Carrie, this is my concern too 

Has there been any additional information yet detailing what might happen to visa applications that don't make these caps that are on the way?

FYI for anyone else at home today, BBC parliament channel is showing the select committee's discussion on the PBS immigration cap right now. I found it interesting that the British chamber of commerce guy just said he's an American who went through the whole path to immigration himeself over the past ten years...

More hoops to jump through no doubt and wooohoooo we get the privilege of paying for that as well :-/

We're getting married in December and Steve got here today. He was given a hard time by the immigration officer and detained even with his fiance visa in his passport.

The immigration officer even called me on my mobile and quizzed me pretty heavily, I am assuming to make sure our answers matched up. I was standing at the arrivals waiting for him and after satisfying his questions they let him through, I am so glad I didn't just say get a taxi home lol

jeez...was he given a hard time for any reason?
what questions did they ask you when they called up?

jeez...was he given a hard time for any reason?
what questions did they ask you when they called up?

According to Steve he said they stopped all Americans and quizzed them, he wasn't the only one detained, he met another guy on the plane coming to see his Fiancé and they did the exact same to him 

The immigration officer started by saying "are you expecting someone and I said uh yeah, my fiancé Steve, I'm waiting outside for him" He then went on to ask if I was sponsoring him and did I work. He also said I hear your getting married this November and I said um no, it's December 15th this year. He asked if I had been over to the US to visit Steve and I said yes I only got back last Thursday. He said there's nothing wrong with his visa, I just wanted to make some additional checks and make sure you were there waiting for him he won't be long.

When Steve came out, he had been asked the exact same questions as me and we had obviously answered the same, all be it the wedding question was obviously a trip up question.

I was a bit peeved really as we paid $1300 (fee and priority service) for all this to be checked out BEFORE he came over and he still got grief. Such is life though and immigration will be what immigration wants to be I guess 

FYI for anyone else at home today, BBC parliament channel is showing the select committee's discussion on the PBS immigration cap right now. I found it interesting that the British chamber of commerce guy just said he's an American who went through the whole path to immigration himeself over the past ten years...

What was his take on the immigration cap?

Another thing that I think is sort of reassuring, and it could just be blind optimism, sure--but the English language requirements for spousal visas were formally announced sometime in June, correct?  From what I've seen, that won't actually go into effect until November.  Again, a few months of notice for a change made to Settlement visas.

I think that changing much of anything to this type of visa is quite emotive, and makes for the opportunity to print a lot of bad human interest stories--something any government would probably rather avoid. 

 I've got to assume (only assume) they'll move slower on caps for these than they did for Tier 1 and 2.  They'd be harder to implement, as well.  Lots of specific language, wherein the initial changes to Tier 1 & 2 this year were just a matter of upping required points, right?

  I could be dead wrong, of course, but from all I've seen any alterations to the requirements for this visa category take just a little bit more time to implement than changes to say, Student and PBS visas.

And of  course, family visas are the most open to human rights cases, so a poorly thought out change in the law could lead to some expensive, time-consuming and ultimately embarrassing litigation against the government.