New Family visa rulings in the UK

[Crema Americana]

So ridiculous. It should be easy to bring your spouse to your home country. I realize there's abuse in the system, but you'd think that they would try to be more fair about it for those who have a legitimate case.

 

[jp]

So ridiculous. It should be easy to bring your spouse to your home country.

I'm curious whether the proposed changes are even legal. The european court of human rights guarantees the right to respect for family life. These changes would appear to violate this right.

Not much comfort to those affected by the changes, but I'd expect them to be challenged in due course. Then the tory government will no doubt make a song and dance about how we need to withdraw from the convention so that we can enforce badly thought out, petty and xenophobic laws such as this one...

 

[Dublin2BuenosAires]

Wow..very draconian laws brought in. I do wish the LibDems would develop a backbone and withdraw from this nasty coalition.

Luckily i have both a UK and Irish passport, if we ever had to abandon ship we'll be Dublin bound rather than to the UK.

 

[PhilinBSAS]

Wow..very draconian laws brought in. I do wish the LibDems would develop a backbone and withdraw from this nasty coalition.

Luckily i have both a UK and Irish passport, if we ever had to abandon ship we'll be Dublin bound rather than to the UK.

I had an Irish Grandmother so am pondering doing some on-line research on same point .... whilst merrily trilling away some jolly good ol'G&S


When in that House M.P.'s divide,
If they’ve a brain and cerebellum, too,
They’ve got to leave that brain outside,
And vote just as their leaders tell 'em to.
But then the prospect of a lot
Of dull M. P.’s in close proximity,
All thinking for themselves, is what
No man can face with equanimity.
Then let’s rejoice with loud Fal la – Fal la la!
That Nature always does contrive – Fal lal la!
That every boy and every gal
That’s born into the world alive
Is either a little Liberal
Or else a little Conservative!
Fal lal la!

 

[Ashley]

I'm curious whether the proposed changes are even legal. The european court of human rights guarantees the right to respect for family life. These changes would appear to violate this right.

Not much comfort to those affected by the changes, but I'd expect them to be challenged in due course. Then the tory government will no doubt make a song and dance about how we need to withdraw from the convention so that we can enforce badly thought out, petty and xenophobic laws such as this one...

Immigration lawyers are expecting them to be contested on the grounds of violating the human right to a family life... but until that happens (and assuming that the laws will even then be modified accordingly) a lot of legitimate couples will be stuck...in Argentina!!!!

 

[Dublin2BuenosAires]

I had an Irish Grandmother so am pondering doing some on-line research on same point .... whilst merrily trilling away some jolly good ol'G&S


When in that House M.P.'s divide,
If they’ve a brain and cerebellum, too,
They’ve got to leave that brain outside,
And vote just as their leaders tell 'em to.
But then the prospect of a lot
Of dull M. P.’s in close proximity,
All thinking for themselves, is what
No man can face with equanimity.
Then let’s rejoice with loud Fal la – Fal la la!
That Nature always does contrive – Fal lal la!
That every boy and every gal
That’s born into the world alive
Is either a little Liberal
Or else a little Conservative!
Fal lal la!

You should check in with the embassy (ireland's 'Southern Cone' embassy is in BA) and apply:

Anyone born outside Ireland whose grandmother or grandfather, but not his or her parents, were born in Ireland may become an Irish citizen by registering in the Irish Foreign Births Register (FBR) at the Department of Foreign Affairs in Dublin or at the nearest Irish Embassy or Consular Office.

You'll need your grandmother's birth certs, some form of approved (in Ireland you need a police officer to sign them) photograph and completed application forms. I'd say the embassy can walk you through these, and happily claim about 90euro for the pleasure. You can take yourself off to the pub for a dual nationality celebration as a little reward if successful !

 

[PhilinBSAS]

You should check in with the embassy (ireland's 'Southern Cone' embassy is in BA) and apply:

Anyone born outside Ireland whose grandmother or grandfather, .....

You'll need your grandmother's birth certs, some form of approved (in Ireland you need a police officer to sign them) photograph and completed application forms.

You can take yourself off to the pub for a dual nationality celebration as a little reward if successful !

Thanks for your interest.

GMa was born of Irish parents one Church of Ireland one Roman Catholic and with eight siblings one male rest female all born in Ireland apart from one in West Indies but her father was in the British Army and as far as I can find out GMa was born at the regimental depot in Pontefract before they then went back to the other Regimental Depot in Dublin.

Later on like a lot of Anglo-Irish they had to choose to stay or to go and having British connections (she married a Yorkshireman from the same regiment) considered wasnt at all safe so sold up and got out.

So GMa Irish and Irish family and me with 25% Irish genes but doesnt seemingly meet the "born in Ireland test". So cant celebrate second European passport yet awhile! I'll see if anything else can be done.

All of this from the internet. Even checked the 1911 and 1921 Census which are on line thanks to the Canadian Government! so even know how many windows in her house!! Can Google street view and check that out as house still standing (nice road!) Not all census stuff exists - most burnt in the Dublin Post Office fire!

Less important for me maybe just a vanity thing I guess.

More important for La Portena who was one of the first Gallega to get her new Spanish passport thanks to being very persistent about having three Grandparents from Santiago de la Compostela. We had a great time over there doing research checking out with all the new found relatives who were very cagey at first about whether she had come back from Buenos Aires to claim property! Even more so with shifty looking Gringo in background!

Rest of my family English. Welsh and Devonian/Cornish but so far not possible dual/threeway nationality so nothing has been set up there!!!

 

[esllou]

I'm in touch with visa company in London and they've told me some of the new changes will get challenged and defeated in court, but may take some time.

I too have Irish passport and was interested in EEU family permit route but as someone posted on previous page, that too is now being closed off as an option.

A year ago, I checked out the requirements for taking a non-EU spouse to Ireland and they seemed pretty similar to the UK. Perhaps the changes that began on 9th July in the UK makes Ireland a better choice now. Does anyone have any precise figures for earnings/savings for an Irish spouse visa?

 

[Churchill]

I have also spoken to immigration specialists who expect these new rules to be challenged and very probably overturned in court, but that could take a bloody long time I fear.

 

[nicoenarg]

I'm in touch with visa company in London and they've told me some of the new changes will get challenged and defeated in court, but may take some time.

I too have Irish passport and was interested in EEU family permit route but as someone posted on previous page, that too is now being closed off as an option.

A year ago, I checked out the requirements for taking a non-EU spouse to Ireland and they seemed pretty similar to the UK. Perhaps the changes that began on 9th July in the UK makes Ireland a better choice now. Does anyone have any precise figures for earnings/savings for an Irish spouse visa?

EEA Family Permit route is not being closed off as an option. The regulations for that permit are still pretty much the same. They're changing some of the definitions and one of them is that British passport holders can not, under any circumstances, apply for EEA permits for their family members to enter the UK like they were able to before.

If you're Irish, however, your family member can still apply for and move to the UK on an EEA Family Permit.

EDIT: Here are the links if anyone's interested:

Changes:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/changes-imm-eea-regs.pdf

http://www.legislation.gov.uk/uksi/2012/1547/made

DIRECTIVE 2004/38/EC:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF

As long as the UK is part of the EU, the rights laid down in the above directive are to be respected and upheld by the UK.