Family Migration Changes Announced

Family Migration Changes Announced

11 June 2012

Today (11 June 2012) the Government 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 are part of the Government’s programme of reform of the immigration routes and follow wide consultation and expert advice from the Migration Advisory Committee. 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 dependants 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.

Removing full right of appeal for family visitors

A clause in the Crime and Courts Bill, published today, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.
Continue reading “Removing full right of appeal for family visitors” »

Bad weather was responsible for immigration delays, claims Downing Street

The Prime Minister’s official spokesman said that heavy rain last week disrupted flight schedules which in turn led to the Border Force facing additional problems.
Continue reading “Bad weather was responsible for immigration delays, claims Downing Street” »