About those 'New Rules' - Part 2, Family Visas
While preparing this we have heard the latest Supreme Court judgement ruled that the minimum age for Fiancees, Spouses and Partners is to be lowered back to 18 yo instead of the current 21 yo.
So, here are the proposals (not in force yet):
1) Main change is extending Spouse/Partner visas from 2 years to 5 years. That's 3 years longer to wait to qualify for an Indefinite Leave to Remain (permanent residency) and ultimately, a longer wait for a British passport. It is explained that a 5 year period would help combat sham marriages (and in some cases it probably would). But I believe it is simply an attempt to bring the rules in line with the Rules of European regulations. Under the EEA regulations spouses and all other family members of EU citizens get a 5 year visa first and only then apply for an ILR (permanent visas). I believe the UK Immigration Rules on Family Migration are going to be brought in line with the EEA rules, it was the same reason why Work/HSMP visas were extended from 4 to 5 years in 2006.
Our advice: if eligible - apply now!
2) Family members who until now were given an Indefinite Leave to ENTER (permanent visa issued by British Embassies abroad) will be given a 5 year visa first and only then a permanent one. This applies, for example, to elderly dependant parents or spouses/partners of British citizens who have been together for more than 4 years.
3) Specifying how much money the Sponsor must earn to be eligible to bring a spouse or any other relative to the UK. At the moment, the minimum amount of income if, say, a British citizen wants to sponsor his spouse (partner, child, parent) to come to the UK should be at least an equivalent of
an Income Support Allowance (approx £450 per month but after deduction of rent/mortgage and council tax). These proposals suggest introducing a specific amount, which is most likely to be higher than above. Such as a minimum wage plus 20% (this is an example, the figure is not confirmed yet).
Extra income will be required is a spouse/partner also brings his/her children.
4) More evidence that relationship is a genuine one and not a one of convenience. More 'factual' evidence will be needed, though there is no explanation of what is meant by that.
5) Also proposed is a requirement for immigration advisers, solicitors or council officials to countersign visa applications, ie stating that to their impression of a couple this relationship is genuine and not a sham or forced marriage. There is no plans (at least not yet) to make such a countersignature compulsory but it is proposed that such applications will be considered as more credible ones.
We can process family visas, including on fast Premium service where allowed by the UK Border Agency. Www.1st4immigration.com
So, here are the proposals (not in force yet):
1) Main change is extending Spouse/Partner visas from 2 years to 5 years. That's 3 years longer to wait to qualify for an Indefinite Leave to Remain (permanent residency) and ultimately, a longer wait for a British passport. It is explained that a 5 year period would help combat sham marriages (and in some cases it probably would). But I believe it is simply an attempt to bring the rules in line with the Rules of European regulations. Under the EEA regulations spouses and all other family members of EU citizens get a 5 year visa first and only then apply for an ILR (permanent visas). I believe the UK Immigration Rules on Family Migration are going to be brought in line with the EEA rules, it was the same reason why Work/HSMP visas were extended from 4 to 5 years in 2006.
Our advice: if eligible - apply now!
2) Family members who until now were given an Indefinite Leave to ENTER (permanent visa issued by British Embassies abroad) will be given a 5 year visa first and only then a permanent one. This applies, for example, to elderly dependant parents or spouses/partners of British citizens who have been together for more than 4 years.
3) Specifying how much money the Sponsor must earn to be eligible to bring a spouse or any other relative to the UK. At the moment, the minimum amount of income if, say, a British citizen wants to sponsor his spouse (partner, child, parent) to come to the UK should be at least an equivalent of
an Income Support Allowance (approx £450 per month but after deduction of rent/mortgage and council tax). These proposals suggest introducing a specific amount, which is most likely to be higher than above. Such as a minimum wage plus 20% (this is an example, the figure is not confirmed yet).
Extra income will be required is a spouse/partner also brings his/her children.
4) More evidence that relationship is a genuine one and not a one of convenience. More 'factual' evidence will be needed, though there is no explanation of what is meant by that.
5) Also proposed is a requirement for immigration advisers, solicitors or council officials to countersign visa applications, ie stating that to their impression of a couple this relationship is genuine and not a sham or forced marriage. There is no plans (at least not yet) to make such a countersignature compulsory but it is proposed that such applications will be considered as more credible ones.
We can process family visas, including on fast Premium service where allowed by the UK Border Agency. Www.1st4immigration.com
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