Duncan Lewis


Asylum, Detention/ Fast Track

Managed Migration, Public Law

New immigration rules changes for non EEA migrants is to come into effect from next month

Date: (15 June 2012)    |    

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From 9th of July 2012 the changes to the immigration rules which would decide the basis on which these people should be allowed to enter UK will come into effect. The rules are meant for people from outside the European Economic Area who want to enter or remain in the country is to take effect
The UK government’s programme of reform of the immigration routes follows after wide consultation and expert advice from the Migration Advisory Committee.
It would include 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 at £22,400 for one child and an additional £2,400 for each further child
There would be casework guidance for the UK Border Agency staff who will follow the list of factors associated with genuine and fake relationships. It would also help UK Border Agency caseworkers to focus on issues relating to the minimum probationary period for settlement for non-EEA spouses and partners which would be extended from two years to five years.
The hitherto rule of a couple living together overseas for four years were given permission to settle in the UK where one of the spouse was from UK but the new rule would test the genuineness of the relationship and decide for an immediate settlement for migrant spouses and partners.
From October 2013 all applicant will be required 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.
The changes also mean that adult and elderly dependants can 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 they will be required to apply from overseas rather than switch in the UK from another category, for example as a visitor.
Family visit visa appeals will be restricted, 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, removing the full right of appeal against refusal of a family visit visa.