Significant changes to UK Immigration Rules are intended to come into force from 9 July 2012.
Guide to Immigration Law Rule Changes from 9 July 2012
Outlined below are some of the rule changes. For further information and individual advice speak to one of the UK’s leading Immigration Lawyers please contact our offices now on 0116 255 2110 or email firstname.lastname@example.org These changes are some of the biggest to Immigration Law in the UK for many years.
If you are seeking UK residency or currently going through the Immigration process you need to take action NOW, you need advice from highly professional and successful Immigration Lawyers, by delaying you will have to comply with the new rules this will have a massive effect on your application.
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UK IMMIGRATION LAW RULE CHANGES
Download our Leaflet “Guide to Immigration Law Rule Changes from 9 July 2012”
Spouse Application from 09/07/12:
- Persons wishing to bring there spouse or partner to the UK to settle must show a minimum income of £18,600 plus an additional tariff for every additional child.
- The probationary period for settlement rises from 2 to 5 years with an additional application at halving point.
- Previous rule for spouses who had resided overseas for 4 years or more to be granted immediate settlement abolished. Foreign spouse will need to complete 5 years probation period to obtain settlement.
- A new 10 years route is to be introduced for those who do not quality for the 5 year route
Life in the UK test and English Language requiement from october 2013:
- Unless exempt (please check the relevant immigration category) all applicants will be required to pass the Knowledge of Life in the UK test and present an English Language speaking and listening qualification at level B1 (intermediate) level or above.
- Note the level of English required for settlement as a foreign spouse is currently set at level A1 (basic)
Long Residence Rule from 09/07/12:
- The 14 years residence rule (whether lawful, unlawful or both) to be withdrawn. It will be replaced with a new rule requiring a minimum of 20 years residence.
Family Visitor Appeals:
- Restriction of appeal rights of family visit visa applicants for those;
– applying to visit their uncle, aunt,
nephew, niece or first cousin;
– proposing to visit a relative who does
not have permanent residence, is a
recognised refugee or has humanitarian
protection in the UK.
- Removal of the full right of appeal for all visitors by 2014.
- The new rules envisage the deportation of offenders who have served a short sentence but have caused “serious harm” or are persistent offenders unless;
– the offender has 20 years residence in the UK
– 15 years residence and; a partner who cannot
relocate to another country or a child/children
who have lived here at least 7 years and
cannot be expected to relocate abroad.
- Guidance will also be issued to judges to try and restrict successful appeals against deportation using Human Rights arguments.
Elderly Relatives :
- Stricter rules upon eligibility including sponsors having to meet a minimum gross annual income of £18,600.
- Elderly relatives to require long term personal care and cannot obtain the required level of care in their country of residence.
- No switch in theUKfrom another category e.g. from visitor
- No discretionary leave to remain in the UK on the basis of not satisfying Immigration Rules but satisfying Article 8 – right to family and Private life under the Human Rights Act.
Summary of rule changes:
- Objective is to remove net migration by curtailing family migration. It will take longer to obtain permanent residence and many persons will face continuing uncertainty of their precarious immigration status.
- Poorer Migrants are being prevented from coming to theUKwhilst encouraging richer migrants.
- Despite migrants already having to prove that they will not be a charge to public funds the minimum income levels have been set above public benefit levels.
- These new rules may exclude as much as two thirds of British people from living with their non EU family members in theUK.
- Despite poor decision making by UKBA staff in refusing family visitor cases where decisions are overturned by the immigration courts, rather than improving decision making the Government are taking away the right of persons living in theUKhaving their family members visit them here.
- Overstayers, illegal entrants and those under legacy will also be affected. Such individuals should seek urgent advice. In legacy matters UKBA are meant to consider all immigration rules/policiesupon which a person may have a claim to remain but they cannot be relied upon to do so.
- Deportation: the Government appears determined to deport foreign nationals with any criminal conviction.
These changes in Immigration Law will have a massive impact on you being able to secure UK nationality, your window of opportunity to secure your residency is now very small, you need experienced and successful immigration lawyers to help and represent you now. Contact one of the UK’s leading Immigration Lawyers today on 0116 255 2110 or email email@example.com
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Our Offices are now open 7 days a week to help advise you on your Immigration application, visit us at 98 London Road, Leicester, call 0116 255 2110 or email firstname.lastname@example.org.