IMPORTANT READ THIS 'Statement of intent: Family migration'

[Moy]

and i cant bloody aslept thinking

[DeltaRomeo]

Reading the family Migration - statement of intent:

101. This list of factors associated with genuine and non-genuine relationships will be set out in published UK Border Agency guidance and used in the consideration of partner applications under the Immigration Rules, and of residence document applications from non-EEA partners under the EEA Regulations.
102. In assessing whether a relationship is genuine and subsisting, consideration should be given to the following lists of factors, which are not exhaustive.

FACTORS WHICH MAY BE ASSOCIATED WITH A GENUINE RELATIONSHIP
103. These factors include:
The couple are in a current, long-term relationship and are able to provide satisfactory evidence of this.
The couple have been or are co-habiting and are able to provide satisfactory evidence of this.
The couple have children together (biological, adopted or step-children) and shared responsibility for them.
The couple share financial responsibilities, e.g. a joint mortgage/tenancy agreement, a joint bank account and/or joint savings, utility bills in both their names.
The sponsor and/or applicant have visited the other’s home country and family and are able to provide evidence of this. (The fact that an applicant has never visited the UK will not be regarded as a negative factor, but it is a requirement of the Immigration Rules that the couple have met in person).
The couple, or their families acting on their behalf, have made definite plans concerning the practicalities of the couple living together in the UK. In the case of an arranged marriage, the couple agree with the plans made by their families.


Has anyone come across the new guidelines mentioned in 101?
103 mentions financial responsibilities in both names... Would this be pertinent to a new marriage? I intend to have the tenancy agreement amended prior to the marriage, but utility bills also? If for example we lodge the visa application at the end of October and it takes 3 or 4 months to process and then another month for Niechel to move here, that would entail an unecessary additional expense by losing the single person occupancy discount on council tax.

[Terpe]

got to be careful of the following,,

174.
The evidential requirements are:
a.
Salaried employment: All of the following must be submitted:
•
P60 (if this has been issued) and wage slips for the six month period prior to the application, or as appropriate, for the 12 month period prior to the application.
•
Letter from the employer confirming the person’s employment and annual salary, the length of their employment (and the period over which they have been or were paid the level of salary relied upon in the application), and the type of employment (permanent, fixed-term contract or agency).
•
A copy of the employment contract.
•
Bank statements corresponding to the same period as the wage slips, showing that the salary has been paid into the person’s account.

and

EXAMPLE SCENARIOS FOR A FINANCIAL REQUIREMENT OF £18,600
Sponsor in the UK
1.
Leon
Leon works in a bank in the UK earning £19,000 a year. He has been with the bank for over a year. Leon will meet the financial requirement using Option A.
If Leon had been promoted into his current role within the last 6 months from a salary of £15,000, he would not be able to use this option. Leon would either have to wait until he had completed 6 months at his new salary of £19,000, or use non-employment income or savings as well.



http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

In that example Leon qualifies after 6 months at the required gross salary. He would most likely NOT have a P60 reflecting that evidence.
The P60 is only issued once a year and shows only the previous tax year earnings and tax paid etc. So not much use.

"P60 (if this has been issued)"

so P60's are not a specific requirement. They are only useful if you have one or more that show your gross income is at or above the requirement.

[mjwoz]

yes i think that's right, your lucky lastlid, you've just made it by a couple of months, when did your misses come to the UK Sept 2011 ?


if she did she can apply for ILR sept 2011 + 23 months = probably sometime in Aug 2013
not sure about the english language test pass being forever, some i think are valid for 2yrs..

hi joebloggs, hope u can clarify things on me, my visa expire aug21, 2012 and i came here to UK july 9 2010, so when is the earliest date i can apply and lodge the application for ILR? I plan to lodge my application last week of june 2012, will be it alright? someone told me that i need to apply after my qualifying period...
thanks hope u can enlighten me....

[joebloggs]

hi joebloggs, hope u can clarify things on me, my visa expire aug21, 2012 and i came here to UK july 9 2010, so when is the earliest date i can apply and lodge the application for ILR? I plan to lodge my application last week of june 2012, will be it alright? someone told me that i need to apply after my qualifying period...
thanks hope u can enlighten me....

did you come to the Uk on a spouse visa or fiancee visa ? , i take it spouse visa, if so..

you need to be in the uk 2yrs - upto 28 days.

so you entered the uk on 9th july 2010+ 2yrs is 9 july 2012.
9th july - 28 days is june 12th June 2012

so you can apply for ILR between the 12th june upto a few days before you visa exipres say 17th Aug 2012, but you must apply b4 your visa expires.

send your app by special delivery and keep the receipt as evidence when you posted it.

[mjwoz]

did you come to the Uk on a spouse visa or fiancee visa ? , i take it spouse visa, if so..

you need to be in the uk 2yrs - upto 28 days.

so you entered the uk on 9th july 2010+ 2yrs is 9 july 2012.
9th july - 28 days is june 12th June 2012

so you can apply for ILR between the 12th june upto a few days before you visa exipres say 17th Aug 2012, but you must apply b4 your visa expires.

send your app by special delivery and keep the receipt as evidence when you posted it.

thanks joebloggs for ur immediate reply i really do appreciate so much,
im on a spouse visa and now collecting all the rqmt's for ILR and so planning to lodge my ILR application by the end of June, I guess its pretty sure alright to submit on that date for me not to be affected by the july 9 new laws ,,,
thanks u and i'll take note of that special delivery....
more power to the forum..

[Arthur Little]

... WOW ... this thread has gathered more momentum - within a shorter space of time - than ANY I've ever seen hitherto!

... hardly surprising, mind you!

[scottishbride]

Gosh... reading all the posts and comments makes me worry even I already have ILR. Immigration always change the rules and add more tests to make it harder to Migrants. I hope they are not going to make any changes in British citizenship this time.

[joebloggs]

I hope they are not going to make any changes in British citizenship this time.

i dont think so, they would rather take your money for citizenship than have people on ILR,

[raynaputi]

talking about citizenship..won't these new changes coincide with the current rules/requirements for naturalization? Or am I not understanding correctly the requirements for naturalization?

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

- have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
- have been present in the United Kingdom three years before the date of your application; and
- have not spent more than 270 days outside the United Kingdom during the three-year period; and
- have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
- have not been in breach of the immigration rules at any stage during the three-year period.

http://www.ukba.homeoffice.gov.uk/br...nerofcitizen/#

[Robert86]

Bring back Guy Fawkes..

[joebloggs]

talking about citizenship..won't these new changes coincide with the current rules/requirements for naturalization? Or am I not understanding correctly the requirements for naturalization?

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

- have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
- have been present in the United Kingdom three years before the date of your application; and
- have not spent more than 270 days outside the United Kingdom during the three-year period; and
- have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
- have not been in breach of the immigration rules at any stage during the three-year period.

http://www.ukba.homeoffice.gov.uk/br...nerofcitizen/#

good point Rayna,
oh i meant putting any sort of tests
they are not going to let you be a British citizen if you dont have ILR. they will have to change it, probably scrap the spouse one and just have the standard one( just the same as the spouse one, but with an extra 2yrs and an extra 90 days a year you can be outside the UK)


Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

been resident in the UK for at least five years (this is known as the residential qualifying period); and
been present in the UK five years before the date of your application; and
not spent more than 450 days outside the UK during the five-year period; and
not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
not been in breach of the Immigration Rules at any stage during the five-year period.


http://www.ukba.homeoffice.gov.uk/br...drequirements/

[mistermatty]

Ok i am gettin confused here so i wonder if anyine can clarfie ..my wife arrived here sep 2010 and her visa expires dec 2010 so shes can apply for ILR anytime from august 2012 providing shes passed her Life in the UK test or are they now saying its a 5 year probationary period instead ?

[raynaputi]

Ok i am gettin confused here so i wonder if anyine can clarfie ..my wife arrived here sep 2010 and her visa expires dec 2010 so shes can apply for ILR anytime from august 2012 providing shes passed her Life in the UK test or are they now saying its a 5 year probationary period instead ?

your wife would not be affected by any of these changes at all

[Arthur Little]

Bring back Guy Fawkes..

... hopefully, he'll be more successful second time around!

[Shalegirl]

Hi Pauly,

I understand where you are coming from. My boyfriend of 7 years and I have been looking into getting me in UK through spouse visa and he works at a full time job and will be able to support me when i come over but still not enough to hit the financial mark they require.

I understand why they became strict with the immigration policies but i really wish they would still take into consideration, people like us who just happen to have a real relationship and just happen to be worlds apart. It's a little disheartening.

OMG I cant believe how drastic the financial changes are, previously I earnt enough to pass the financial criteria but now Im earning a lot less then is required.

I was married in May, and Im already missing my wife so much...was preparing documents for visa application but what now, does this mean she will never be able to join me here in the UK? Im so angry and depressed at this, seems like my whole worlds caved in. :-( :-( :-(