ADVISORY: Confirmation of Caps to Family Path Settlement Visas

Our economy and health system, depend on a healthy stream of economic migrants, whether they permanately settle or not.

And why cap them?  They pay thier taxes, they have to prove they have work that pays well enough, they have 'no recourse to public funds' surely capping them just reduces the tax base the goverment can draw revenue from.

If an immigrant has work that pays well, then the UK does need them. A low skilled immigrant on about £6/£7 and hour won't pay much tax and will take out more than they pay in. They will still want healthcare, tax credits, housing benefit, education, child benefits etc. For the first time ever, last year the welfare payments were more than income tax received. If you add the fact that NHS cost has doubled in the last 8 years (although some of those costs were due to the last government trying to create artificial jobs) then it does cause a problem to a country that has massive debts like the UK has.

Back to spouses visas - It would be unfair to UKC if we brought in immigration rules as strict as the US. I can't understand why USC put up with that.

The low skilled immigrant will not be effected by any of these changes, as the majority of them come from the EU.

This government should stop breaking one thing, in a pretence at fixing another.

...for the sake of looking like they're doing something. 

From what I've seen over the last few years, the only motivation that explains almost any UK government initiative is "for the sake of looking like we're doing something," and underlying that is "because we hope it will get us more votes."  Aside from that I haven't seen much overall vision or leadership from any of the parties.

As for implementation, nothing gets thought out in advance; everything is either dropped into place with 6 to 8 weeks notice, or floated as an idea to see what the public reaction is.  If the reaction is positive the proposal goes forward; if not, whoever proposed it hastily backtracks.

From what I've seen over the last few years, the only motivation that explains almost any UK government initiative is "for the sake of looking like we're doing something," and underlying that is "because we hope it will get us more votes."  Aside from that I haven't seen much overall vision or leadership from any of the parties.

As for implementation, nothing gets thought out in advance; everything is either dropped into place with 6 to 8 weeks notice, or floated as an idea to see what the public reaction is.  If the reaction is positive the proposal goes forward; if not, whoever proposed it hastily backtracks.

I have observed the exact same thing these past 2 years I've been trying to get to the UK. It's been impossible to plan anything because it changes from week to week. It's getting (really, already IS) old.

I should imagine they are on to that one.

A high skilled spouse will be able to get to the UK as a tier 1 or 2. The UK government has already said that research shows that high skilled tend to have high skilled partners. If that means that low skilled have low skilled partners, then another EU country may be more attractive once the welfare system gets cut back to what it was a few years ago. A safety net for basics and not a way of life. 

The good thing about the EU is that people will at least be able to move about to find work.

I don't necessarily agree that this is the case. Highly skilled workers can also be just as mobile (and this has been my own personal experience due to husband's job) because their skill sets may be in demand in many places.

I guess this could mean more US / UK couples moving to a third (likely EU) country as an interim measure?

If they did go to the EU there are more rights for the non-EU citizen AND the EEA process is free...go figure.

As Garry pointed out, these caps won't deny anyone a visa due to caps.  It will just delay things.  

'Just' delay things is easy to say when you're already there.  It's a much scarier prospect for people who have yet to apply.

Kind of like that saying 'How long a minute is, depends on which side of the bathroom door you're on.' :p

'Just' delay things is easy to say when you're already there.  It's a much scarier prospect for people who have yet to apply.

Kind of like that saying 'How long a minute is, depends on which side of the bathroom door you're on.' :p

I am not saying it easily.  I am explaining how the government are planning to get around any sticky issues, and not saying it's right that they are doing it.  No one would have a case in a court based on them denying their right to family life because they aren't refusing anyone.  They are putting them in a queue.  

Even though someone who waited a very long time to be with her husband might see a year or two as a minor delay (I entered the UK a couple of weeks after my 6th wedding anniversary), I don't.  I don't think people's applications should be delayed because of caps if they are eligible otherwise.  

Ok I know this is dredging up an old topic but I just wanted to pass along more information from the Home Secretary's speech from today outlining their immigration plans and specifically how it relates to the Settlement/Family Path Visas. I have emphasized the area of importance.:

Family

An area where we have already taken action is the family visa route. Unsurprisingly perhaps, over two thirds of the 63,000 people who entered the UK in 2004 to join family here, were still in Britain five years later. And last year, some 40,000 marriage visas were issued.

We estimate that the family route accounted for nearly 20 per cent of non EU migration last year.

This summer, we ordered the UK Border Agency to clamp down on sham marriages. They have had significant success, conducting 53 operations and making 118 arrests. Shockingly, this included the arrest of a vicar who was subsequently jailed for staging over 300 sham marriages.

As well as tackling abuse of the marriage route we need to ensure that those who come here can integrate successfully into society and play a part in their local community.

So from 29 November, those applying for marriage visas will have to demonstrate a minimum standard of English.

This is only right. People coming to this country must be able to interact with the rest of the population.

And we need to go further. We must look at measures to tighten this route, for example by introducing processes to allow us to check that the UK sponsor is able to maintain and accommodate the foreign spouse.

"Introducing"?

Maybe they should read through their current policies a little closer. 

"Introducing"?

Maybe they should read through their current policies a little closer. 

If you've read the Maintenance guidance it's very vague, it just says that the sponsor/applicant should be able to maintain themselves without the additional use of public funds. That's pretty vague and even the guidance says that there is 'no specific amount for adeqate Maintenance' and the amount that we go by is just a guidline amount it's not set in stone.

IMO what you're going to see is more of a system like the US has where there must be a minminum income of £x depending on family size and or assets of £x amount. There's no guess work with the US sponsor requirements they're pretty black and white...so it would be a good way to go.

It's definitely preferable to sending off your financial documents and crossing your fingers, like the current system seems to entail.

How would this affect those of us already here and going for ILR?

This could pose very serious problems for us and for other people whose circumstances here are fixed.

I also wonder about how things like this can not be discriminatory in nature. For example, people who are on benefits are frequently disabled. Getting a job may not be an option for them. Seems a bit like discrimination.....

Also, the US system (to combat the discrimination issue) allows for outside sponsors. This is currently allowed with fiance visas, but if this extends on to those applying for ILR, will the ability to use outside sponsorship come in to play?

Jaye

What? How are they planning on tightening it? Are they going to implement a resident market test policy like for tier 2 but for spouses? You must demonstrate that there is no one in the UK or in the EU suitable for you to fall in love with and marry... 

What? How are they planning on tightening it? Are they going to implement a resident market test policy like for tier 2 but for spouses? You must demonstrate that there is no one in the UK or in the EU suitable for you to fall in love with and marry... 

Maybe you'll have to get 100 signatures on a petition from members of your preferred gender, stating categorically that they could never fancy you. :p