Stark choice under new immigration rules: exile or family breakup

Well, if you apply now, you won't have to worry about it. The new income requirements aren't in effect yet (and there's a chance that they will give 28 days notice anyway), so if you can get your application submitted online before they are implemented, then they won't affect you. Third party support is still allowed for now, so you might as well make the most of it while you can and apply as soon as possible.

If you request KOL Req'd (which is one of the things they are proposing to get rid of with the new rules) and are granted it, then you could apply for ILR as soon as the KOL test has been passed and again you will not be affected by the new rules at all.

"So for settlement, from next year we will be requiring people to be able to speak English to a certain level"

So this whole law surely won't be brought in until next year? Assuming all of these changes will be under the same government "act"?

Thanks for the reply, unfortunately still waiting for some documentation from England, going to be about 10 days until it arrives, and don't want to risk applying and then not getting the paperwork in time. Am keeping my fingers crossed, and I hope the 28 day grace period is a reality.
I am going to look through the forum for advice on how to specifically request KOL req'd. My husband has ILR but we think it is revoked as we have been in the USA for just over 2 years.
Thanks

Thanks for the reply, unfortunately still waiting for some documentation from England, going to be about 10 days until it arrives, and don't want to risk applying and then not getting the paperwork in time. Am keeping my fingers crossed, and I hope the 28 day grace period is a reality.

Well, we can't say for sure if it will be 28 days, but it's unusual for new immigration rules to go into effect immediately - they will usually announce them and then state that they will come into effect on X date (which is usually a few weeks later).

Personally, I doubt any changes will be officially implemented in the next 10 days as that would be very short notice - all we can do right now is wait for the announcements to be made and then take it from there.

I am going to look through the forum for advice on how to specifically request KOL req'd. My husband has ILR but we think it is revoked as we have been in the USA for just over 2 years.

There's no specific way to request it, in the cover letter you just need to say something like:

"I would to request that my visa be endorsed with a KOL Req'd stamp as my spouse and I have been married and living together for the last 4 years. Please find enclosed my marriage certificate and evidence of living together (state the documents you are including) as proof of this."

You can also explain that you lived in the UK between X dates and he had ILR before you left, but as he entered the UK as a visitor and/or it's been more than 2 years, his ILR has lapsed.

I'm not sure how strict they are about having to have lived outside the UK for the 4 years to get the KOL Req'd stamp or if they will consider the time you lived in the UK as well... all you can do is ask and hope they give you the stamp.

Just been watching on BBC iPlayer.  TM proposes:

Couple:  £18,600
Couple + 1 child:  £22,000
£2,400 per additional child

No mention of the attachment hurdle though.

Interesting, if a couple "needs" £18,600 which is £1265 after tax.

With a child they'll "need" £1457 per month.  Child Benefit is circa £87 per month and someone working and earning £18,600 per year would expect around £250 in child tax credits.  So someone with a dependant child will be over them minimum requirements anyway?  As would someone earning say £17k if they had a child! 

In terms of the human rights Law that TM wants to change well May wants judges always to answer ‘yes’ to question (v) in every case, but in law they cannot. Question (v) is

If so, is such interference proportionate to the legitimate public end sought to be achieved?

Our judges remain independent and must carry out an independent assessment. The only ways to achieve what May wants are:

1. Modify the Human Rights Act

2. Withdraw from the Council of Europe

3. Remove access to the courts, or

4. Do away with an independent judiciary.

From the language she uses, it is disturbing to think a major politician, the Home Secretary no less, is actually advocating the last of these options. Unfortunately, there is a precedent for legislating to tell judges what to think.

Denying more spousal visas for residents/citizens as proposed is not necessary, and in many cases, not proportionate.

What I dont understand is this Unfortunately, there is a precedent for legislating to tell judges what to think.

How will these new laws effect people already here on a spouse visa, and expecting to apply for ILR within the original 2 year window? Will they now have to wait the five years? And meet the new income level?

Or are all of the laws focused upon NEW applicants only?

We don't actually *KNOW* at this point, right? No one asked her in her, and she did not mention it...

Does anyone know?

Many thanks!

How will these new laws effect people already here on a spouse visa, and expecting to apply for ILR within the original 2 year window? Will they now have to wait the five years? And meet the new income level?

Or are all of the laws focused upon NEW applicants only?

We don't actually *KNOW* at this point, right? No one asked her in her, and she did not mention it...

Does anyone know?

Many thanks!

Although it's not really clear, I take it to mean that we (people here on probation) will be ok:

The minimum probationary period for new spouses and partners will go up from two years to five years.

I wish they'd make it more clear though too.

They also say:

• The full right of appeal for people denied a family visa will be removed.

• The new immigration rules will come into effect on 9 July

So no mention of grandfathering either. 

How will these new laws effect people already here on a spouse visa, and expecting to apply for ILR within the original 2 year window? Will they now have to wait the five years? And meet the new income level?

Or are all of the laws focused upon NEW applicants only?

We don't actually *KNOW* at this point, right? No one asked her in her, and she did not mention it...

Does anyone know?

Many thanks!

The Statement of Intent clearly says:

A partner, child or adult dependent relative who has been granted, or who has applied
for, leave to enter or remain in the UK on the family route (or a partner of a migrant with
leave under the Points Based System) before 9 July 2012 will remain subject to the rules
in force prior to that date. They will be able to reach settlement in the UK (including those
granted or who have applied for leave as a fiancé(e) or proposed civil partner) if they
qualify for it under the rules in force prior to 9 July 2012, subject to the requirement from
October 2013 to pass the Life in the UK test and to present an English language
speaking and listening qualification at B1 level or above to qualify for settlement. 

Info now on UKBA website.

If an applicant cannot make an application for the five year route (e.g. because they cannot meet the rules on switching between migration routes in the UK), they can still make an application under the family Immigration Rules, on the correct application form and paying the relevant application fee, and be granted leave if they can establish an Article 8 claim under the rules, e.g. on the basis of a child’s best interests. As they cannot meet the requirements of the five year family route, they will have a longer route to settlement: 10 years (granted in four periods of 30 months, with a fifth application for indefinite leave to remain).

So, they're saying that if you no longer qualify (for new people not already here) financially etc that you can claim under article 8 to stay, but they'll sting you for the best part of £1000 every 2 years until you're rich enough to stay under the new rules.

Nice way to sting the already too poor for even more money they clearly supposedly can't afford.

That is horrid.

Trying to get my head around the proposals on savings - are they saying anyone with more than 16k savings qualifies? Or 16k plus the amount you're below the threshold? Ie, if you earn 16,600k, you need 18k savings?

OK, I *think* if you have no kids, and you have 16k saved, and have had it for over 6 months, you are ok no matter your income... To apply for the first steps, fiance and spouse visas.

Not positive tho...

Trying to get my head around the proposals on savings - are they saying anyone with more than 16k savings qualifies? Or 16k plus the amount you're below the threshold? Ie, if you earn 16,600k, you need 18k savings?

Please refer to pages 45-46 on the Statement of Intent which clarifies this.

where the sponsor and applicant have no income which may be
counted towards the financial requirement, £62,500 in cash savings will be required
for the financial requirement to be met at the entry clearance/leave to remain stage or
at the further leave stage, i.e. the ‘floor’ amount of £16,000, plus 2.5 times the
shortfall of £18,600. At the indefinite leave to remain stage, the same couple will
require £34,600 in cash savings to meet the financial requirement by that means
alone, i.e. the ‘floor’ amount of £16,000, plus the shortfall of £18,600.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf