New visa Rules for for spouses and partners. Before and after - what's changed on 9 July 2012

1) BEFORE: Spouse/Partner visa for 2 years, then permanent residency.
FROM 9 JULY 2012: Spouse/Partner visa for 2.5 years, then extension for another 2.5 years, only then permanent residency after 5 years.

2) BEFORE: Spouses/partners who have been together for 4 years outside the UK were given a Permanent Visa straight away.
NOW: This was stopped, instead the same 5 years wait applies to all.

3) BEFORE: Finances (income, savings) were required to be ‘adequate’. It was assumed that income should be high enough for the couple not to be eligible for the state welfare support (benefits).

NOW: Minimum income threshold of £18,600 per annum gross before tax; £22,400 for one child and an additional £2,400 for each further child being brought to the UK.

It can be from work, self-employment, rental income, pension or disability-related benefits. Savings can also be counted in addition or instead of earnings but only savings over £16,000 would qualify.

This income test applies to all stages: 1st visa, extension, settlement.

4) BEFORE:  Examples of supporting documents were provided but it was possible to submit other documents instead and generally, there was some flexibility and ‘common sense’.

For example, if you had no payslips you could have provided bank statements showing salary.

NOW: This is a major change, it may be only noticeable to the immigration professionals but will affect many applicants:

For the 1st time there are requirements for Spouses/Partners to provide specified documents only, in a specified format only and in most cases there will be no chance to provide alternative documents.

For example, if payslips and matching bank statements (showing payments corresponding payslips) are required then if you provide payslips only your application would be refused. And vice versa.

5) BEFORE: Missing documents or missing information: in some cases UK Border Agency would ask for the missing documents or to add missing info on the documents, such as a new work letter. People were given a chance to put the things right without a visa being refused and without losing a fee.

NOW:  Follows from the above:
Now UK Border Agency would only give a chance to provide missing documents if they were a part of sequence. For example, if bank statements are provided for 12 months and a month ‘number 3’ is missing. Or if a letter from work provided but it’s not at the right format. Or if a photocopy of the documents is provided but no original.

However, UK Border Agency would NOT ask for a document which was not submitted at all meaning such applications may be refused without giving a chance to put the things right.

We predict there will be much more refusals of visas because there can be no more ‘If they ask I will send this document’. They won’t ask!

6) Applications for a Spouse/Partner visa, if applying inside the UK, can be made on SAME-DAY Premium service and we can provide appointments faster than may be available for the public. We are accredited with the UK Border Agency in Croydon and we are regulated by The OISC, a UK government regulator who regulates all immigration advisers.

Contact us for applications and advice or to read Testimonials: www.1st4immigration.com , email: info@1st4immigration.com 

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