Entering and Remaing in the UK just get tougher!

Family immigration changes announced   The Government this week has announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The new Immigration Rules will also unify consideration under the rules and Article 8 of the European Convention on Human Rights, by defining the basis on which a person can enter or remain in the UK on the basis of their family or private life. Most of these changes will apply to new applicants from 9 July 2012.   The changes include:   ·         introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, fiancé(e) or proposed civil partner, of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child; ·         publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues; ·         extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship; ·         abolishing immediate settlement for migrant spouses and partners where a couple have been living together overseas for at least four years; ·         from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt; ·         allowing adult and elderly dependent’s to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and ·         restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.   key aspects of the changes include:   -       New Immigration rules will outline on what basis individuals will qualify under Article 8 grounds -       A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. -       Will be granted 2 periods of leave under family routes of 30 months each to take you up to 5 years before you can apply for ILR.  -       Must meet the financial requirements at every stage. Including entry, further leave to remain and indefinite leave to remain -       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 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). -       The Home Office will immediately abolish immediate settlement on arrival in the UK for the non-EEA spouse, civil partner, unmarried partner or same sex partner where a couple have been living together for at least four years overseas. -       The current 14 year’s long residence route to settlement for those in the UK lawfully or unlawfully will be abolished and no applicants under this category can be made after 9th July 2012.  Under the new rules, at least 20 years’ continuous residence in the UK, lawfully or unlawfully, will generally be required before a person can apply to start a 10 year route to settlement in the UK on the basis of the Article 8 right to respect for private life. Anything less than 20 years’ continuous residence will generally be insufficient to establish private life to the extent that it would be unlawful to remove the person from the UK     New financial requirements The new financial requirement, which will apply to a grant of six months’ leave as a fiancé(e) or proposed civil partner and to the five year route to settlement as a spouse, civil partner, unmarried partner or same sex partner, will replace the existing maintenance requirement for those routes in the Immigration Rules. The new financial requirement for the family route will not affect those migrants working or studying under the Points Based System who are able and wish to bring a partner to the UK.    The existing maintenance requirement for partners will be replaced by a financial requirement based in most cases on the sponsor’s earnings from employment (or those of the sponsor and applicant where both are in the UK). We will require a minimum gross annual income of £18,600 (or the relevant higher figure where a child or children under the age of 18 are also being sponsored), which can also include the sponsor and applicant’s non-employment and pension income and income from certain contributory benefits. There will be scope for cash savings above £16,000 (the level generally disqualifying a person from income-related benefits) to be used to meet all or part of the financial requirement, if they have been held by the sponsor or applicant for at least six months and are under their control.   The existing maintenance requirement for partners will be replaced by a financial requirement based in most cases on the sponsor’s earnings from employment (or those of the sponsor and applicant where both are in the UK). We will require a minimum gross annual income of £18,600 (or the relevant higher figure where a child or children under the age of 18 are also being sponsored), which can also include the sponsor and applicant’s non-employment and pension income and income from certain contributory benefits. There will be scope for cash savings above £16,000 (the level generally disqualifying a person from income-related benefits) to be used to meet all or part of the financial requirement, if they have been held by the sponsor or applicant for at least six months and are under their control.   At each stage, the applicant will be able to meet the financial requirement through one or more of:    • Income from employment or self-employment of the sponsor (and/or the applicant if they are in the UK with permission to work).   • Specified non-employment income of the sponsor and/or applicant.   • State (UK or foreign) or private pension of the sponsor and/or applicant.   • Any Maternity Allowance and bereavement benefits received in the UK by the sponsor and/or applicant.   • Cash savings of the sponsor and/or applicant, above £16,000, held by the sponsor and/or applicant for at least six months and under their control.  The Home Office will not take into account the previous, current or prospective employment and earnings, or any job offer, of the migrant applicant  at the entry clearance stage.     New English language requirement for ILR applications from October 2013 From October 2013, all applicants for settlement will be required to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above, unless they are exempt from the requirement to do so. Until October 2013, applicants for settlement, including partners of British citizens and settled persons, will be required to meet the current knowledge of life and language criteria, by passing the Life in the UK test or an English for Speakers of Other Languages (ESOL) course using Citizenship materials.   The requirements for settlement of a five year probationary period (on a route to settlement), and (from October 2013) to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above, will also be applied to the partners of migrants with a route to settlement under the Points Based System.     Applicants for settlement currently required to take the Life in the UK test will from October 2013 be required additionally to present an English language speaking and listening qualification at B1 level or above.   Transitional agreements Those who hold visas will be able to extend / apply for settlement under the old rules.  This also applies if you make an application before the rule changes come into affect on 9th July 2012.  Any one making an application after 9th July 2012 will need to meet the new immigration rules.