ADVISORY: Confirmation of Caps to Family Path Settlement Visas

So what will happen if other countries bring that in too?

That's the question, isn't it?  If the UK tightens its requirements, then some people will be left with no country to go to. 

I was talking about UKC and USC marrying: this is a US site.

But immigration changes impact anyone from any non-EU country

If the parent is sick/dying, then the long path to citizenship won't come into it, as a short visa will suffice.

It's very reassuring to know that all serious illnesses are shorter than visa lengths.

Andy

Remember peeps, that the question of human rights only arises if there's been a refusal; and they are not going to refuse people who apply when the cap is full.  Instead they will go into a queue, and wait for the next allotment.  If they don't get in that time, they stay in the queue until they get included in a future allotment.  So there's no refusal.  Therefore Article 8 never gets engaged.

And for the people who have been asking about if it's restricted to entry clearances, the answer is no it is not restricted to entry clearances only.  At least it's no for this phase and the next phase.  However, they propose to give priority to people who are applying for an extension of existing leave etc etc etc.

And for the people who have been asking about if it's restricted to entry clearances, the answer is no it is not restricted to entry clearances only.  At least it's no for this phase and the next phase.  However, they propose to give priority to people who are applying for an extension of existing leave etc etc etc.

If it is not restricted to entry clearances only, then answer me this...A woman receives a fiance visa, marries, obtains FLR (M), has a baby, probationary citizenship comes up, but she doesn't make the "cap." Presumably she would have to return to her "home" country until she made it through, correct? Therefore, she would be separated from her husband and child. Explain to me how this is NOT a human rights issue?

I'm just trying to understand here. As I said before, I think it's pretty sad that they are basically putting a "cap" on love. But the idea of giving somebody leave to remain, then yanking it away after they have established their life in the UK because they didn't make the "cap" is absolutely abhorrent. If I'm misunderstanding here, correct me, but if it doesn't just apply to new entry clearances, then I don't see how I am.

Just a guess, but I would think that being in the queue for a decision would count as having your visa being in process, so you wouldn't have to leave. (Just like you can stay legally while an application for ILR is being processed, even after your spousal visa has expired, because you have a pending application.)

This is probably a really dumb question, especially considering full details on family caps have not been released and it seems to only be very much 'under discussion'

What if you have already obtained ILR through family ties?  Would a cap system look to revoke existing visa rights?

Visas can be revoked under certain circumstances. ILR holders (unless they violate certain laws - ie received their visas under false pretenses or commit heinous crimes) are somewhat protected, but I personally am not putting all my eggs in that basket and would get Naturalisation taken care of when eligible....but that is just what I am doing for my own peace of mind.

Remember peeps, that the question of human rights only arises if there's been a refusal; and they are not going to refuse people who apply when the cap is full.  Instead they will go into a queue, and wait for the next allotment.  If they don't get in that time, they stay in the queue until they get included in a future allotment.  So there's no refusal.  Therefore Article 8 never gets engaged.

I wonder, though, if there could still be a case for something like constructive refusal, similar to constructive dismissal in labour cases.  If the policies/procedures put in place result in unreasonable waiting times for approval, or place other undue burdens, etc. on the family, it's essentially a back-door refusal. 

I don't know that it would work, but I wonder how long it would be before someone tried to make the case.

Clarifying...

The immigration cap model is based entirely upon the number of applications processed during a given period.

In the absense of an application a cap cannot be applied.  That's because caps are based upon applications and not immigration status.

They cannot revoke an existing immigration status because of a cap because it would be unlawful and Article 8 would be engaged.  True enough, they can revoke anything they want, we saw it several weeks ago with the Russian girl who got deported from the US.  But their grounds for revoking somebody's passport need to be something other than an immigration cap.

Hope that helps to clarify...

Just a guess, but I would think that being in the queue for a decision would count as having your visa being in process, so you wouldn't have to leave. (Just like you can stay legally while an application for ILR is being processed, even after your spousal visa has expired, because you have a pending application.)

Can anyone confirm this is the case? (Or at least verify this is the most likely scenario?) If you're in the country, and in queue for the next stage of the "family path," would you be allowed to stay in the country or would you have to return to your "home country?"

Currently if you submit a valid application and the decision is not made until after your current Leave expires your visa is automatically extended until a decision is reached. I would assume that this would be the same in the future.

From UKBA:

What is my immigration status while my application is being decided?

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

Can anyone confirm this is the case? (Or at least verify this is the most likely scenario?) If you're in the country, and in queue for the next stage of the "family path," would you be allowed to stay in the country or would you have to return to your "home country?"

Nobody can confirm it.  The family caps are very early doors and have not yet reached the exposure stage.  

In a more general sense, they would not try to remove family migrants with a legitimate pending application because it's not the way things work.

Hopefully this is a simple question, it seems like something I should already know, but: is having an appointment scheduled to do the FLR(M) in person, is that considered having a visa 'in process'?  Or would it in this case, using this definition, be better to send it in?  I'm pretty sure that when they receive our documents, the FLR(M) process would be 'pending', but I don't know if that can be said of making an appointment for an in-person application.   Seems to me that would be considered 'in process', but I don't feel absolutely sure.

Speaking less hypothetically, if my fiance called today, set our FLR(M) appointment for sometime in September after our wedding, would I be subject to any caps/restrictions that could potentially come in between now and then?  I know we can't be 100 percent about anything, but I don't mind pleasant conjecture.  

Not to derail your question, but when did you set the appointment for? I need to set mine for the 17th or 21st of September, but when I called on Monday he only had appointments open up until the 9th. I want to be sure and get my call in as soon as they open up!

Just based purely on what I know, I would really doubt that having an appointment counts as "in process." I would think it would only be "in process" the day you either attend your appointment, or your application has entered the processing stage if you post it. After all, an appointment could be missed/changed, etc.

At this point I'm leaning towards taking my chances with the cap rather than waiting a possible months on end getting my postal application completed and being unable to look for jobs. But seeing as how none of us knows anything, it's a huge risk I'm taking.