Stark choice under new immigration rules: exile or family breakup

The following is from the SET(M) application page (link follows), which says to me that the rules in effect at the time of application are the rules that apply to the determination of the application:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

As for the FLR(M) that those of us on the probationary visa would have to apply for if the new rules are implemented (my bold):

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

Which says to me that applicants for the FLR(M) must meet Part 8-the very part they are hoping to change in order to implement the changes outlined in the Family Migration Consultation of July 2011.

So applicants to next-step visas will have to meet the rules in effect at the time of application.

I think what Mr Green meant was that if you have achieved an ILR before the rules are changed, you are in essence, safe. Otherwise, you have to meet the new rules, if implemented.

No, that's such a given I doubt he'd even bother mentioning it - people on ILR are free from immigration control anyway.

What he said was they wouldn't apply the new rules to people on the existing family path - people who have ILR aren't on the family path any more, so he's talking about people on spouse visas. Which says to me that they'll probably change the rules for spouse visas/people switching in-country soon, then change the ILR rules two years later, as they've done with Tier 2.

Of course, there might be no transitions, but that would be if they changed their minds, as they've clearly been planning them. People far more in-the-know than I confirmed that on this board months ago.

A person would not have to meet the rules of step they are not applying for.........

No, but any changes to the rules in effect will affect both the FLR(M) and the SET(M), because, as I posted, the rules for both are clear that Part 8 of the Immigration Rules are what govern the determination.

It's a lot depressing.

No, but any changes to the rules in effect will affect both the FLR(M) and the SET(M), because, as I posted, the rules for both are clear that Part 8 of the Immigration Rules are what govern the determination.

It's a lot depressing.

.......that is why the rules would not change until a date further out.

I am praying that the changes will not affect applications already being processed, as my FIance applied for her Fiance visa this week.

Although it would be pointless if when we apply for the IRL or the FLR after we are living and married here that we then have to meet the new rules, that would actually be worse if we have paid all that money on a lawyer, for the FIance Visa, her leaving her job, moving here, cost of flights, wedding and then we are spit up right after we get married when we apply for the FLR as we then dont meet the new rules   

If anyone would like to contact an MP over this, the JCWI has suggested the following:

The Government has not yet introduced Rules reflecting the above, but it's likely to. We’d like you [...] to contact Chris Bryant, Labour’s shadow immigration minister. We want him to oppose these policy proposals and any corresponding  Rule changes. We want him to stand up and say publicly that immigration for the rich only is not on. He is in a position to give these Rule changes some serious opposition. Go on, drop him a line, you can contact him at bryantc@parliament.uk. He’d love to hear from you.

Their full statement on the government's proposed changes is here: http://www.jcwi.org.uk/policy/united-love-divided-theresa-may#overlay-context=po

.......that is why the rules would not change until a date further out.

That's my guess - the rules for spouse visas would change soon, but the rules for Set M wouldn't change until sometime after that, to allow people who already have leave to apply under the existing rules. I think there was a lot of campainging for these arrangements going on behind closed doors around September last year, and apparently the Government were receptive to it.

That's my guess - the rules for spouse visas would change soon, but the rules for Set M wouldn't change until sometime after that, to allow people who already have leave to apply under the existing rules. I think there was a lot of campainging for these arrangements going on behind closed doors around September last year, and apparently the Government were receptive to it.

This is comforting and it makes sense - we have been consulting a solicitor about our inperson ILR appointment on 11th July and he mentioned that he thought it extremly unlikely that we would be affected by new rule changes.

Also worth noting that when they changed the Tier 2 settlement rules in April and added an income threshold to it, they deferred the activation date until April 2016, so most people already here on those visas will still apply for ILR under the old rules. If they're consistent with that here

Don't the Tier 2 transitional arrangements (announced 15 March 2012) only apply to people whose visas started on 5 April 2011 or earlier? If they're consistent with that, it might mean that the new rules for ILR could apply to anyone granted FLR(M)/spouse visa after 6 July 2011, or even 6 April 2011!

the rules for spouse visas could be changed on 1 October 2012 (or whatever), and the ILR rules changed on 1 October 2014.

I hope this is what will actually happen, though July/August is more likely than October if they are going to announce stuff next week.

I think the Tier 2 situation is slightly different, as the Tier 2 entry rules were changed in April 2011. But I'm mostly basing this on what Damian Green has said, that it's likely that everyone will be grandfathered in. Of course, there's a chance that's changed ...

Anyone know what might happen with us, my FIance applied for her Fiance visa this week.

Although it would be pointless if when we apply for the IRL or the FLR after we are living and married here that we then have to meet the new rules, that would actually be worse if we have paid all that money on a lawyer, for the FIance Visa, her leaving her job, moving here, cost of flights, wedding and then we are spit up right after we get married when we apply for the FLR as we then dont meet the new rules and shes deported

As others have said its hard to comment  since the new rules have yet to be announced. However when a formal announcement is made I will be writing in strongest terms to my (Labour) MP asking him to voice strong opposition.

Fortunately my wife has her ILR now so we are secure. However when we applied for the fiancée visa nearly 4 years ago now we were both postgraduate students and 25000 GBP was just a pipe dream to us...

As a UK citizen I am furiously angry with the way in which the government is targeting family migration in this manner to serve its own political ends. It sums up the entire way the UKG conducts its entire immigration policy in my mind - unjust policies that largely target the innocent and law-abiding to appease the average narrow minded tabloid-reading Brit that the govt is getting 'tough' on immigration whilst leaving the real issues widely un solved.

As a UK citizen I am furiously angry with the way in which the government is targeting family migration in this manner to serve its own political ends. It sums up the entire way the UKG conducts its entire immigration policy in my mind - unjust policies that largely target the innocent and law-abiding to appease the average narrow minded tabloid-reading Brit that the govt is getting 'tough' on immigration whilst leaving the real issues widely un solved.

This. Though, I'm not a UK citizen, I feel exactly the same way. It doesn't address any of the issues that it's purported to, except the bottom line net migration numbers. It doesn't introduce any real solutions to problems like illegal entry, sham marriages or immigrants illegally accessing benefits. It readily (and seemingly gleefully) violates its citizens' and basic human rights.

This. Though, I'm not a UK citizen, I feel exactly the same way. It doesn't address any of the issues that it's purported to, except the bottom line net migration numbers. It doesn't introduce any real solutions to problems like illegal entry, sham marriages or immigrants illegally accessing benefits. It readily (and seemingly gleefully) violates its citizens' and basic human rights.

Considering the number the UKBA themselves have published, hitting this part of the family migration route isn't even going to have much of an impact so far as cutting numbers goes-unless they're hoping to push UKCs with non-EEA spouses out of the UK, which is looking more and more like what 'they' are trying to do.

I don't want to feel this way about the UK.

I also don't like the feeling that I am foolish to try to 'integrate' any farther because hey sure, I can meet these proposed new changes, but what if they decide to raise the bar yet again later down the road?

Makes me very reluctant to become any further involved in my Scottish community, and I have to wonder if my new and budding friendships here are going to go forward-who wants to make friends with someone who may be denied a long-term residency?

Very depressing.

"So far heard nothing to contradict the government's statements that anyone already in the UK on the family path will probably be allowed to continue under the old rules."

Can someone please elaborate on this for me? Are we grand fathered in?

When you say "The old rules" do you mean people already here will be able to apply for ILR within the original two years, rather then having to wait till they passed into the five years?

I have only been here a year, and don't want to wait four more years to get a mortgage. Especially when we were under the impression I would be able to do it much sooner!

When was that said? Where? Is it written someplace? Can someone perhaps provide a link please?

Many thanks!

If you look at the big upcoming rules change thread there are a few posts on there where people have said that in replies they recived from damien green he said that people already here will not be affected. I'm on my nook so i can't provide any links, but it should be easy enough to find.