New Family visa rulings in the UK

[nicoenarg]

Can you not apply for your family members' EEA permit based on those regulations? And then change your status in the UK?

Obtaining an EEA family permit has always been easier than going the UK spouse visa route. EEA permit is regulated by the EU rather than the British parliament so its not very easy to change either. The last time it was changed was in 2006, if I'm correct.

Anyway, wouldn't that be a possibility?

 

[nicoenarg]

I was going to suggest your partner could also go there as a visitor and then they could change their status but it turns out that's not allowed anymore.

I had heard about this law being proposed in September 2011 and the reason given for the change in these laws was the increase in unlawful and forced marriages in the "Asian" community. (EDIT: Speaking of which: http://www.telegraph.co.uk/news/wor...an-wedding-rush-to-beat-new-UK-visa-laws.html)

But I guess to appear to be politically correct and all that crap, they're screwing all of you guys over too.

I tell ya, I do believe profiling is the best way to go!

 

[Ashley]

Can you not apply for your family members' EEA permit based on those regulations? And then change your status in the UK?

Obtaining an EEA family permit has always been easier than going the UK spouse visa route. EEA permit is regulated by the EU rather than the British parliament so its not very easy to change either. The last time it was changed was in 2006, if I'm correct.

Anyway, wouldn't that be a possibility?

well this is where it gets really ridiculous. You can only use this route if you've been living in another EU nation. It would also enable another EU national to bring their Argentine spouse into the UK far easier than a UK national!

 

[BednBreakfast]

My spouse is from US, I'm from UK and part of the reason we still live here is that it's so damned hard to get visas for the other one's country...Soooo peeved about this change, there was no warning on the site, I started filling out the settlement application a few months ago but delayed, I saw nothing about it then...

 

[Ashley]

My spouse is from US, I'm from UK and part of the reason we still live here is that it's so damned hard to get visas for the other one's country...Soooo peeved about this change, there was no warning on the site, I started filling out the settlement application a few months ago but delayed, I saw nothing about it then...

Yeah, it's unbelievable. We started compiling our paperwork months ago and then something that was only supposed to take 90 days (getting our Argentine marriage certificate deposited in the UK) took 6 months...due to the UK authorities taking their sweet time. Apparently, the changes were "officially announced" end of June...but only really in the UK press (which I missed completely!). We saw nothing mentioned on the website whatsoever, or would've just submitted our application without depositing the darn certificate. They've now just announced that they'll be changing the rules for immigrants from the EU too...effective in a few weeks!

 

[nicoenarg]

They've now just announced that they'll be changing the rules for immigrants from the EU too...effective in a few weeks!

Hey could you give me the source for this news?

 

[Ashley]

Hey could you give me the source for this news?

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/26-eea-regulations

 

[Tourist2008]

The problem is that when the couple has been residing abroad together the minimum income thresholds only apply to the applicant's partner! (so the UK citizen part of the couple!). The partner must have earned £18,600 in the past 12 months (which, if living and earning pesos in Argentina is a pretty steep ask). The family income and the applicant's income are not considered AT ALL! In our case, we meet the requirements as a family (and my husband even meets the requirements alone), but the only salary taken into consideration is mine (which falls very short)!

Ashley, this seemed on the face of it absurd, so I went reading .... and although I am sure you have read and re-read and double checked it does seem to me that if your husband meets the requirements alone (ie. based on Gross Income of over 18,600 annualised, from a job he has been in for over 6 months) then his income WILL count.

Yes, he will have to get a confirmed job offer in the UK but I imagine that if you have limited savings then he was going to do that anyway ... just guessing.

I am going on S5.3.1 of the Guidance Notes for Caseworkers in the attached document:

http://www.ukba.homeoffice.gov.uk/s...ews/section-fm/section-FM-1.7.pdf?view=Binary

Maybe I am misreading it .....?

Anyway, do accept my commiserations for all the stress it must be causing you and your partner .... it doesnt make me very proud of my government!

 

[Ashley]

The problem is that when the couple has been residing abroad together the minimum income thresholds only apply to the applicant's partner! (so the UK citizen part of the couple!). The partner must have earned £18,600 in the past 12 months (which, if living and earning pesos in Argentina is a pretty steep ask). The family income and the applicant's income are not considered AT ALL! In our case, we meet the requirements as a family (and my husband even meets the requirements alone), but the only salary taken into consideration is mine (which falls very short)!

Ashley, this seemed on the face of it absurd, so I went reading .... and although I am sure you have read and re-read and double checked it does seem to me that if your husband meets the requirements alone (ie. based on Gross Income of over 18,600 annualised, from a job he has been in for over 6 months) then his income WILL count.

Yes, he will have to get a confirmed job offer in the UK but I imagine that if you have limited savings then he was going to do that anyway ... just guessing.

I am going on S5.3.1 of the Guidance Notes for Caseworkers in the attached document:

http://www.ukba.homeoffice.gov.uk/s...ews/section-fm/section-FM-1.7.pdf?view=Binary

Maybe I am misreading it .....?

Anyway, do accept my commiserations for all the stress it must be causing you and your partner .... it doesnt make me very proud of my government!

Yeah, the documentation is very confusing but the applicant's past income is only counted if the applicant is currently working in the UK. In the case of a couple returning to the UK, only the partner's salaried income overseas is counted (page 11, towards the end of the page) - the applicant's salary abroad is completely disregarded! We spent literally hours trailing through these documents trying to work out what exactly is required and eventually got it all confirmed by a lawyer!

 

[sergio]

A British friend, married to a south Asian for over a decade, has been forced to quit his overseas job a year before the end of his contract in order that his wife can get a visa for the UK. If not, they will be forever stuck living outside the UK