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Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July | Immigration Matters

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This is your last chance to get your application in before new Family Migration UK Immigration Rules come into effect on Monday 9 July 2012.

Starting 9 July the UK Government will be implementing a number of important changes to family migration routes.

Brits who want to marry a non-EEA European Economic Area national and live in the UK together will have to showing earnings of at least £18,600 per annum. 

In cases where the foreign-born spouse has children, their British partner would have to earn £22,400 or more, plus £2,400 for each additional children.

The government is bringing in the changes to prevent lower-paid applicants from bringing in husbands or wives who will be dependant on state benefits as soon as they arrive in the UK. 

The new restrictions could force some British Citizens to move abroad in order to live with their overseas partner.

However, legal challenges and appeals on ‘Article 8’ Human Rights grounds are expected as people demand a right to a family life in the UK.

Changes announced by the UKBA include:

  • introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or 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 the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
  • 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.

The changes do not affect the rules governing who can qualify for entry on a UK visitor and the millions of visitors expected for the London Olympics are welcome.

Last week it was reported that Home Secretary Theresa May is planning changes to the test taken by foreign nationals who wish to become British citizens.

The Life in the United Kingdom test was introduced by the former Labour Government in 2005 for migrants seeking UK naturalisation and indefinite leave to remain (permanent residency).

Cynthia Barker, of OISC registered immigration appeal specialist advisers Bison Management said they have been ‘inundated with cases from desperate applicants trying to beat the deadline’.

See also: 

Britain could restrict euro immigration

Home Secretary ‘planning changes to ‘Life in the UK’ immigrant test

Visa overstayers will be refused under new UK Immigration Rules

New appeal regulations on family visit visa confirmed

YES, RIGHT OF APPEAL TO BE ABOLISHED FOR FAMILY VISIT REFUSALS

Immigration clampdown announced – if you want to marry a foreigner and live in the UK together you must earn £18,600

Visa and Immigration Appeals on the increase

Full right of appeal removed for UK family visit visa

Filipino Fiancé(e)s, Spouses and Partners of Foreign Nationals need exit clearance sticker in order to leave the Philippines

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR/Settlement, Citizenship, Dependant Visa or an Appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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29 Responses to “Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July”
Read them below or add one

  1. I am about to marry my fillipino girl friend who i have a 3 year old daughter with, because the child is mine does this mean i still have to show earnings of £22000.
    my understanding is i can apply for a british passport for my daughter at the british embassey in manila so she can enter as a british citizen

  2. I am a British PhD student on a studentship so I take home £14,790 per annum (tax free) – if I can get £25,000 in the bank from a bank loan then could I declare that as savings in about 6 months time in order to show that I have enough to get married and support a partner?

    Also, as this is a studentship maintenance grant I do not pay Tax or NI contributions so this is essentially equivalent to a Gross Salary of £17,600 (i.e. if I were to earn £17,600 gross in another job then I would take home £14,790 net). Does this mean that I am only £1,000 below the required income to get married, or do they simply take the studentship grant figure in which case I am £3,810 below the required income?

    It seems very unfair that we are kept apart simply because we’re University students with limited funds, so any advice would be very much appreciated.

  3. You should have a right of appeal to the First Tier Tribunal in the UK. You would only take the case to Europe (which could take years) once you have exhausted all legal challenges in this countr, e.g. Upper Tier Tribunal, Appeal Court and Supreme Court. See an immigration adviser – 02089051822

  4. Romanian Citizen says :

    I am a 60 year old lady (PhD educated), housewife living in UK since April 2006.I got married in Feb 2006 to a English gentleman (British citizen).In 2012 I passed the UK life Test.I met all the requirements for a Spouse type of UK Naturalisation (AN) case. I presented the complete AN folder on Feb 27 2013 through the Nationality Checking Service (NCS) for this purpose.My application was refused.The reason stated was that they do not consider the marriage (this reason was put in writting).What can I do next? I have a Spouse type of visa on my Passport from 2006 to 2008.After that, Romania was in EU(from Jan 1st 2007)What can I do next? Some said that only the European Court of Justice in Luxembourg can solve my case.

  5. Dear sir or madame
    regarding to the new rules about the wages for oversese spouse it says husband or wife earning 18,600 per annum but if they or i m not earning that amount per year does this mean my husband will never can come to uk to live life with me? I m a women who is earning minimum and 8 hiur per day only 5 days a week that meabs i can never near the min wages u need to work more which means i cant which means i cannit work such long hours because i have 15 months old son this is a disaster we can never be together what a shame…….

  6. […] Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July […]

  7. […] From 9 July 2012 the UK Government changed the Rules on number of important changes to family migration routes. Brits who want to marry a non-EEA European Economic Area national and live in the UK together will h….  […]

  8. […] Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July […]

  9. […] Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July […]

  10. Russ. Is she was an EU citizen she would not be subject to immigration control. HOwever, if YOU were an EEA national, or lived in an EU country, it would be fine to marry your non-EU fiance and then live together in the UK.

  11. I am a British born national with British parents, and British ancestors, but yet I cannot marry my fiancé from Egypt and live together in the UK unless I earn over £18,600??? But if she was European it would be fine?? I don’t understand this considering how many Asians and Arabians live here already.

  12. nitesh patel says :

    hi my name is nitesh patel last year my earning only 13000 pound this year april to navember my earning 12500 pound with overtime can you tell me please home office can count over time beacos my earning morthen coming extra hour like overtime can i applide my wife visa she in india i live in bolton uk

  13. […] The BBC has interviewed families affected by the new Rules on family immigration, introduced on 9 July 2012. […]

  14. […] UK) preventing people sponsoring foreign partners to live with them applies to UK Citizens too. New Family Migration Immigration Rules, which came into effect on 9 July […]

  15. […] Family Migration Immigration Rules, which came into effect on 9 July 2012, means that British Citizens who want to marry a non-EEA […]

  16. Im under student visa and my visa is nearly finish and im a separated for 6yrs already and now Im living with my bf my question is Can my bf sponsor me as a partner visa ? and what is the requirement? I dont want to enroll again coz I feed up of studying please advise what will I do. can u please send also your advise on my email as I am not always here
    tHANK U VERY MUCH i HOPE U CAN ADVISE ME AS SOON AS POSSIBLE BEFORE ITS TOO LATE.. I STILL HAVE 6MONTHS MORE TO GO TO DO WHAT WILL BE..

    MILLION THANKS

  17. […] Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July […]

  18. gemmayze says :

    I guess this will help you guys:

    taken from http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration

    Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date will, if they qualify for it, be granted leave under those rules and will continue to be dealt with under those rules through to indefinite leave to remain if they qualify for it (including those who have applied for leave as a fiancé(e) or proposed civil partner), subject to the requirement from October 2013 to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above to qualify for settlement. The new criminality thresholds will also apply to such cases.
    • Those who, before 9 July 2012, have applied for initial or further leave under the rules in force prior to that date, but do not qualify for it, will not be considered under the Discretionary Leave policy. If they do not qualify under the rules applicable to them, their application will be refused. Any fresh application on or after 9 July will be considered under the new rules.
    • Those granted leave following an appeal allowed on or after 9 July 2012 against a refusal under the rules in force prior to that date will get leave under those rules. They will continue to be dealt with under those rules through to indefinite leave to remain if they qualify for it, subject to the requirement from October 2013 to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above to qualify for settlement. The new criminality thresholds will also apply to such cases.

    if you want more info , download the pdf in the link above

  19. […] who want to marry a non-EEA European Economic Area national and live in the UK together will have to sho…per […]

  20. Amisha says :

    Dear Sir,

    Please advise me regarding income of 18,600 is this new rules apply to application who married already two/three years before this new rules implement? I married already two years. can I apply under old rules or Im also effected by this new rules. Please please advise me.

    Regards.
    Amisha

  21. it is unclear whether the new rules apply to applications made before 9 July but that are still outstanding. I fail to find any confirmation of this as all announcements on ukba website say refer to people who already have leave under the old rules. what’s the point of the deadline then??

  22. EEA laws have not changed, only UK Immigration Rules.

  23. See an adviser before applying

  24. […] Marrying a foreign national – new Family Immigration Rules apply from Monday 9 July […]

  25. M . YASIN says :

    regarding income of £18,600/= is it to be shown for the last 6 months

  26. Raeeza says :

    DEAR SIRS,
    I am not clear about EEA FAMILY& RELATIVES visa changes. Are 9TH of July rules affecting EEA VISAS ALSO? Could you answer me please.

    Thanks

  27. Adelina Ermino says :

    Sir or Madam,

    Iam planning to apply my daughter to come and live with me here in London,but my worries, is my wages is less than the amount that the home office required and i am a single mum.What should i do? PLEASE HELP I NEED YOUR ADVICE. THANK YOU .

    Best regard’s,

    Adelina Ermino

  28. Hi,I was stop by police for not hvin insurance on my car on dis date 5-1-2011.I hv indefinite leave 2year ago and I suppose to apply for British citizenship but I hear I hv to wait 5year cos of the car insurance or traffic offence.I hv marry to English wife for 8 year now so pls what can we do?

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