Proposed changes to UK family immigration

[aiden]

Hey guys. Im just getting ready to pack up in the Philippines and head off to the uk by myself without the wife and kids in order to find work so that i may sponsor my family to settle in the uk. I have alot of pressure as it is. Im having to leave my kids in the Philippines who are dual nationals by the way. Cant take em with me because my wife has still to get her spousal visa. I came across this article check out the link or just read at the bottom.

Terpe if youre reading this fella let me know what you think or know about this?

The govt. is proposing to introduce a minimum income bracket and health insurance for spousal visas. Crazy if you ask me. All these people who abuse the system mess it up for the good guys.

What is going to happen to people like me who has wife, 2 of my own kids (dual nationals) and two step kids. Theres no way i will ever claim benefits . I have never claimed benefits its in my blood to work.

You need to meet a minimum income bracket depending on how many family members your supporting in your household.

Im so nervous now. I just want to stay here in the Philippines. I feel so depressed.
This Paragraph made me shake.
There are also some financially-related proposals in the document that may impact on visa applicants, with the possible introduction of a specific minimum income requirement for both British and settled sponsors bringing family members to the UK, ostensibly for maintenance purposes, with the actual levels of necessary income likely to be announced soon. A further financial consideration is that there is a possibility that medical insurance for certain family members will be required, with the details of this proposal set to be announced following an upcoming consultation between the Home Office and the Department of Health.







http://www.marriagevisahelp.com/inde...ly-immigration

Proposed changes to UK family immigration
15/07/2011

A recent consultation document released by the UK Border Agency (UKBA) is likely to have far-reaching effects on the UK marriage visa application process.

With data from the UK Border Agency showing that a number of abuses of the system allow illegal immigrants to obtain a UK marriage visa or for sham marriages to take place in the UK, the consultation document’s aim is to tackle these abuses and thus reduce the burden on the UK tax payer. A clear benefit of this intervention is that sham or bogus marriages should be reduced, protecting the innocent victims in these crimes as well as preserving the values of family migration, with one of the proposals that legislation should be passed to make forced marriages a criminal offence.

Under the general umbrella of family migration, the document makes clear the government’s desire to reform the family immigration route, including workers and their family members, students under the points based system and their spouses and dependants, refugee family reunions and family visitors.

Proposals in the document that could be of note to prospective applicants include forcing established couples who have already lived together outside of the UK for four years or more to have to complete an additional five year probationary period, as opposed to the current ability to gain settlement immediately, the possibility of a stricter requirement for more extensive documentation to substantiate the marriage application, and the potential that the function of the UK Border Agency may be combined with those of marriage Registrars in terms of assessing the genuine nature of the relationship.

Family migration currently represents around 17 per cent of all non-European migration to the UK, and the family route refers to non-European nationals entering, remaining in or settling in the UK on the basis of a relationship with a British citizen or a person legally settled in the UK. This relates to fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same sex partners and dependant children. Adult and elderly dependant relatives are also included. As such, the issues surrounding sponsors are also included in the document, with proposals including restricting the ability of these sponsored as a spouse to sponsor another spouse or partner within five years of settlement, examining the current interview arrangement for sponsors, and potentially increasing the current English language requirement for spouses from its current A1 level. It is also understood that the current full right of appeal for family visitor visas is likely to be scrapped.

There are also some financially-related proposals in the document that may impact on visa applicants, with the possible introduction of a specific minimum income requirement for both British and settled sponsors bringing family members to the UK, ostensibly for maintenance purposes, with the actual levels of necessary income likely to be announced soon. A further financial consideration is that there is a possibility that medical insurance for certain family members will be required, with the details of this proposal set to be announced following an upcoming consultation between the Home Office and the Department of Health.

As the fourth ‘shake-up’ of the UK immigration system, Home Secretary Theresa May has said that she is committed to ensuring that foreign criminals do not abuse UK human rights laws. She stated that the debate on Article 8, which is the human right to family life, is not an ‘absolute right’ when criminal activity is involved.

Much of the consultation document is dedicated to the fine line between a human right and a legal right, particularly in relation to tackling sham or bogus marriages which then give the holder the right to live and work in the UK. Under the European Convention on Human Rights, Article 8, the right to family life, is a particularly contentious clause as it has been quoted in series of cases which have been proven to be bogus.

A key part of the family migration reform proposals put forward in the document is that the UKBA wants to put foreign partners on a par with other migrants by more than doubling the time a foreign spouse must spend in the UK before they are able to be eligible for settlement. The rationale behind this proposal is that migrant partners must be fully integrated into British society before they are afforded the right to permanent residency and full access to benefits.

It is understood that the main driver for this proposal for foreign partners is that the family visa route to migration to the UK is being abused, with the UK Home Office keen to reduce the number of migrants by ‘tens of thousands’. With more than 50,000 people arriving in the UK under the family visa route in 2010 alone, including more than 8,000 dependants, the government is clear that this needs to be reduced, particularly in light of the fact that sham and bogus marriages are still a problem.

The proposal suggests that a ‘probationary period’ for new migrants should be introduced, with five years the time put forward, before settlement can be obtained, whereas the ability to apply for settlement as the foreign partner of a British citizen currently stands at just two years. With the granting of settlement allowing foreign spouses the ability to access a raft of state benefits the same as any other British citizen, the financial incentive for reducing the number of migrants is clear, especially as the UK is experiencing a period of economic difficulty and the government is implementing various cost-cutting measures.

The UK Border Agency has pointed out that there are many cases where abuses of the family migration route have taken place, including a case where a man sponsored his son and a woman he claimed was his wife, who actually turned out to be his daughter-in-law and a bogus marriage gang in Sheffield who had a ‘price list’ for sham weddings. Immigration minister Damien Green said, “For too long the family and marriage route into the UK has been abused as a way to get around our immigration laws. These cases clearly show why we need to take strong action and the proposals we outline will benefit the UK as a whole as well as individuals who would otherwise be exploited.”

Marriage Visa Help is committed to keeping you informed of any changes that may impact on your marriage visa application, with our team dedicated to ensuring we have a clear understanding of the very latest UKBA information.

[andy222]

This question is on another post. I asked about it a few days ago. You wont know the outcome untill after the 8th october mate.

[joebloggs]

article 8 and court cases, how can they set a minimum income, what would it be, minimum wage ?

i think it will not happen, for once i hope the courts protect the brits and not EU nationals all the time .

[andy222]

It will go through mate dont worry.

[aiden]

I seriously feel now that because of other people including brits, immigrants who abuse the Immigration system they make it so hard on other people like myself. Life sucks at times. I hate visas, embassys, requirements, and the governents systems. IN all countries. Arrrggh!

[andy222]

If Im correct they are targeting the main areas. Ie Pakistan and India. But its going to affect us all mate.

[imagine]

for those who are genuine i think it breaches their human rights, its like anything they bring out to protect a minority it ends up affecting the majority , it could be racist too in a way,

the excuse that this is to protect is an exactly i believe an excuse for making these changes,
i dont know why they just cant target the abusers and not the innocent genuine folk, and start by closing the european gate where all the scum is comming from, this stupidity makes me

[Arthur Little]

for those who are genuine i think it breaches their human rights, its like anything they bring out to protect a minority it ends up affecting the majority , it could be racist too in a way,

the excuse that this is to protect is an exactly i believe an excuse for making these changes

, Stewart ... from watching various programmes featuring the UKBA, I'm SURE the resources are there for cracking down on the abusers - without penalising hard-working, English-speaking people from countries like the Philippines. As things stand, these new proposals smack of being YET ANOTHER money-making excuse - under the guise of controlling immigration!

[sars_notd_virus]

The UK Border Agency has pointed out that there are many cases where abuses of the family migration route have taken place, including a case where a man sponsored his son and a woman he claimed was his wife, who actually turned out to be his daughter-in-law and a bogus marriage gang in Sheffield who had a ‘price list’ for sham weddings. Immigration minister Damien Green said, “For too long the family and marriage route into the UK has been abused as a way to get around our immigration laws. These cases clearly show why we need to take strong action and the proposals we outline will benefit the UK as a whole as well as individuals who would otherwise be exploited.”

b011oc*s!!....if people are breaking the law catch them and put them in the court, ...By proposing new laws and implementing them sounds like they are just being lazy and taken an easy way out... I think they should set up 24hr courts for them, Its like they cant do anything about the migration so they attack the immigration , the sound bite sounds good in the media "Goverment tightening immigration" because most the population dont know the difference from the two.

[Arthur Little]

i dont know why they cant start by closing the european gate where all the scum is comming from, this stupidity makes me

Well ... two MAIN reasons immediately spring to mind:

(i ) successive UK governments have, for far too long, been sht-scared to challenge European legislation, because

(ii) they (the UK Govts) are even more afraid of the financial implications posed in terms of continental trade sanctions being withdrawn if stripped of EEC membership.

So, basically ... ... it's all down to CASH!

[andy222]

Well I have emailed theresa may. If i get a reply i will post it. I think it is a big IF.

[Arthur Little]

As the fourth ‘shake-up’ of the UK immigration system, Home Secretary Theresa May has said that she is committed to ensuring that foreign criminals do not abuse UK human rights laws.

... WHAT UK "Human Rights" laws??

What's RIGHT about an anomalous system that allows an EEA national to bring his non-European partner to the UK free of charge while a born-and-bred British citizen who's lived here - and contributed to the iniquitous tax system - all his working life is forced to pay a fortune in visa fees for the same so-called "privilege"?

[imagine]

... WHAT UK "Human Rights" laws?

What's RIGHT about an anomalous system that allows an EEA national to bring his non-European partner to the UK free of charge while a born-and-bred British citizen who's lived here - and contributed to the iniquitous tax system - all his working life is forced to stump up a fortune in visa fees for the same so-called "privilege"?

one law for them,, one law for us,

[joebloggs]

well you could go and live in another EU country, claim benefits if you can and apply for a family permit, a bit later come back to the UK

[Arthur Little]

well you could go and live in another EU country, claim benefits if you can and apply for a family permit, a bit later come back to the UK

... that SHOULDN'T be necessary! As for the 'Criminal Activity' that the Home Secretary mentions ... surely the BIGGEST crime is the disparity that allows the British Government to extort thousands of pounds out of its own taxpayers - whilst simultaneously turning a blind eye to the continuing influx of partners of continental Europeans coming here free gratis.

Joe ... you of all people know that!

[Terpe]

I'm not going pretend that nothing will happen.

If anyone is really interested take a look here:-
http://filipinaroses.com/showthread....mily-migration

Read it and see what you think.

Anyone who has any knowledge of immigration issues and law would maybe not be so negative about the PROPOSAL document.
These changes will most likely not be implemented until April 2012

The closure date for responses to the document is 6th October 2011. After that date the responses will be evaluated against govt strategies and a set of changes will be proposed.
This is the consulation period... there are no proposals as yet.

Over the past 15 years there has been a relentless increase in the barriers we need to jump over to be here in the UK with our loved one.

Would I advise anyone to get their settlement application done before April 2012? Yes, I most likely would, but only because of the unknown. The only thing we can say for sure is that it won't become easier overall. In other words it will follow historical trends.

My own personal opinion is the the granting of settlement entry visa's will not become
much more difficult than at present, but that once here in UK the immigration journey will take much longer to complete than it does at present. That means maybe a lot less access to benefits, and a lot longer for both ILR and Citizenship.

On minimum income level, again I don't see a major changes. The UKBA rules already give reference to Income Support levels being an unwritten threshold.
In practice, as joebloggs has said, what minimum income levels can be used that would be above benefit levels. None. The real kick will be when ILR takes much longer to achieve which will mean no access to benefits for the spouse for a much longer time.

Regarding health and access to NHS, who knows. Maybe private health schemes will be needed.
Whatever will be the outcome this govt still needs to take heed of EU laws and will not be allowed to ignore them or change them.

There is no doubt that on the questions of human rights, benefits and immigration the winds of change are all over Europe, not just UK. These could become very hard times for us all.

[joebloggs]

Under the proposals the unemployed or those living on less than around £5,000 a year would be banned from doing so,
http://www.guardian.co.uk/uk/2011/ju...mily-migration

i've no idea where the guardian got that figure, but its probably based on what a married couple would get on JSA or minimum that the gov says you need to live on.

i think this is more aimed at stopping people on benefits from bringing their partner here,yes some people have got a visa for their partner while on benefits with £0 savings ..

[imagine]

http://www.guardian.co.uk/uk/2011/ju...mily-migration

according to this, encouraging money to be sent abroad,but isnt it better for money to circulate here, rather than abroad where it will not come back to re circulate, is that not how money works,
its no use to us if it doesnt,

[andy222]

Quote from the Guardian:
The majority of those who come to Britain under the family route are women from Pakistan, India and Bangladesh. The consultation proposes tougher English language standards and a more "rigorous" approach to sham marriages including a new test to establish whether relationships are genuine by investigating whether the couple live together, speak the same language and knew each other before getting married.

Thats the reason.

[imagine]

i just think theres got to be a better fairer way to sift out the the sham and not including targeting the genuine

[andy222]

I give up with this country mate. They havnt got a clue what they are doing.

[imagine]

well this country is certainly going down the swany in more ways than one,

the quality of life here is disapaiting quickly,

as soon as i can im off, id rather have quality of life

[Arthur Little]

Well I have emailed theresa may. If i get a reply i will post it. I think it is a big IF.

Aye ... in other words, let's not fritter away whatever we still have left ... waiting ...

[andy222]

I think its only a matter of time before the s~~t hits the fan.

[imagine]

I think its only a matter of time before the s~~t hits the fan.

oh it will ,, it will

[Arthur Little]

... NOR do we dare hold our [collective] breath!

[Dedworth]

b011oc*s!!....if people are breaking the law catch them and put them in the court, ...By proposing new laws and implementing them sounds like they are just being lazy and taken an easy way out... I think they should set up 24hr courts for them, Its like they cant do anything about the migration so they attack the immigration , the sound bite sounds good in the media "Goverment tightening immigration" because most the population dont know the difference from the two.

Good point re rigid enforcement of current laws but I'm a bit confused as to what you are trying to get at re migration and immigration - maybe 'cos I've had a long day

[Arthur Little]

I'm a bit confused as to what you are trying to get at re migration and immigration - maybe 'cos I've had a long day

Could be she means the British Government has no power to regulate the steady flow of Eastern Europeans, on account of the latter's access to the Court of Human Rights ... and - as a way of exercising some measure of control over its borders (coupled with seeing this as an ideal opportunity to add to the coffers) - turns its attention, instead, to making it increasingly difficult for those outwith the Court's jurisdiction.

[joebloggs]

Family migrants must not be a burden on the taxpayer. They must have access to enough money to support themselves and to participate in everyday life – by using local shops and services for example – as a basis for integration.

Analysis of just over 500 case files from 2009 found that around 20 per cent of sponsors were either unemployed or had an income below the national minimum wage, and only 28 per cent of applicants reported being in paid employment at the point of their application.

The UK Border Agency has also uncovered a number of sponsors claiming to have adequate accommodation to support their spouse and dependants, but at the same time claiming to be homeless and accessing social housing from their local authority.

And in one specific case, a sponsor submitted evidence of his self-employed earnings, but a routine check with HMRC showed that he had declared a different income and owed £5,000 in unpaid tax.

Our message is clear – if you cannot support your foreign spouse or partner, you cannot expect the taxpayer to do it for you.

The current maintenance threshold – which is equivalent to the level of Income Support – is not enough to provide adequate maintenance. Income Support is a safety net for those who have fallen on hard times; its level does not provide an adequate basis for integration.

I have therefore asked the independent Migration Advisory Committee to advise on what a new minimum income threshold should be, so that family migrants are supported at a reasonable level that ensures they do not become a burden on the taxpayer and allows sufficient participation in everyday life to facilitate integration.

In applying a minimum income threshold, we will review whether support from third parties, which is not easy for the UK Border Agency to verify, should be allowed only in compelling and compassionate circumstances.

I also want to ensure that sponsors have adequate housing that is not provided at the expense of the taxpayer and is not overcrowded.
37 per cent of sponsors from our sample of just over 500 case files said that they were living with family or friends.

In the future, if you cannot provide a mortgage or tenancy agreement, you may be expected to ask your local authority to verify your housing is adequate and not overcrowded.

http://www.homeoffice.gov.uk/media-c...mily-migration

[andy222]

I understand there point but will the minimum income depend on where you live?. We all know London is expensive.