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Important Announcement from the UK Border Agency (UKBA)
On the 9 July 2012, a number of changes to the Immigration Rules came into effect
on 9 July 2012. These changes will affect non-
These changes will define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.
If you obtained a permission to stay in the UK under the family arrangements prior to the 9 July changes, then these new rules do not apply to you. If you do not have permission to be in the UK or you need to enter the UK then these rules will apply to you.
If you are unsure, email us, tell us about your circumstances and we let you know where you stand.
You will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.
Changes to Income threshold:
- If you are applying to bring your Partner/Spouse to the UK, then the settled person
in the UK would need to demonstrate that they have an income threshold of at least
£18,600. If you also wanted to bring into the UK a child then this threshold would
increase to £22,400, if you have more than one child, you then need to add to this
sum £2400 per extra child you wish to bring into the UK. Remember, if any family
member is a national of a European Economic Area (non-
EEA) country then the extra income does not relate to them nor do they have to apply for a visa.
Changes to relationship period (In the UK):
- The UKBA has extended 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. If you already have a visa prior to the 9 July 2012 changes then this rule does not apply to you.
Changes to relationship period (Overseas):
- The UKBA has abolished immediate settlement for any migrant spouses and partner where they have been a couple living together overseas for at least 4 years. They are not required to complete a 5 year probationary period.
Changes to Life in the UK Test from October 2013:
- From October 2013, the UKBA requires all applicants applying 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; and
- allowing adult and elderly dependents 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.
A more detailed summary of the changes can be found in the UKBA news story.
Many family members want to enter the UK to join their loved ones and the UKBA has put in place certain guidelines on who can enter the UK and who can extend their UK stay.
Family members of British citizens and settled persons
Who can join British citizens and settled persons in the UK?
The following may be granted permission to enter the UK:
- Husband, wife or civil partner
- Unmarried or same-
sex partner - Fiance(e) or proposed civil partner
- Children
- Elderly dependant relatives
Family members of migrant workers and students
Information for the partners and dependant children of migrants who have temporary (limited) permission to stay in the UK.
Family members of migrants under the points-
If you are the partner or dependant child under 18 of a migrant who is in or coming
to the UK under most categories of the points-
Family members of migrant workers in other immigration categories
If you are the partner or dependant child under 18 of a migrant who is in or coming
to the UK in most work categories outside the points-
The migrant worker will need to prove that they can support you and themselves without needing state benefits or other public funds. You will need to show that:
- you intend to live with the migrant worker during their stay, and your relationship is genuine (not a ' marriage of convenience'), if you are their partner; or
- you have not formed an independent family unit and are not leading an independent life, if you are their child aged under 18.
Marriage and civil partnership
To find out more about marriage and civil partnerships click here.
Forced marriage
What is a forced marriage?
A forced marriage is a marriage that takes place without the full and free consent of both parties. In a forced marriage, you are coerced into marrying someone against your will. You may be physically threatened or emotionally blackmailed to do so, or you may be a victim of psychological abuse. Forced marriage cannot be justified on any religious or cultural basis. Forced marriages are not the same as arranged marriages, where you can choose whether to accept the arrangement or not. In an arranged marriage, families take the lead in selecting a marriage partner but the couple have the free will and choice to accept or decline the arrangement. The tradition of arranged marriages has operated successfully within many communities and countries for a very long time.
If your relationship ends
What to do if you are a migrant in the UK in a relationship with a British citizen
or settled person and your relationship with that person has ended and you currently
have permission to enter or remain in the UK as that dependant. The UKBA normally
issues a two year visa for marriages or civil partnerships (known as the two-
UK: 01903 641690 Outside of the UK: 0044 1903 641690
Partners & Families
Fast Track Services
When you request for a free assessment, the information you provide us is strictly confidential and will not be passed to any third party directly or indirectly.
Are you in the UK and urgently need to apply for a new visa?
Call us today urgently on 01903 641690 or email urgent@global4immigration.com
If you are a UK employer and need to either register for a new sponsor licence, or apply to renew your sponsor licence, or apply for restricted/unrestricted Certificates of Sponsorship, call us on 01903 641690.
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