Rule Changes coming into effect on 9 July 2012 affecting non EU migrants

Theresa May has announced significant changes to the immigration rules .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:

Overall, there are a number of significant changes for family members, in particular those seeking to bring non-EEA spouses and partners to the UK will face new barriers to their entry and settlement in the future. Based on news coverage and the Home Office website, it seems that the major changes will be:

New income threshold of £18,600 for those wanting to sponsor a non-EU spouse or partner – increasing to £22,400 for one child and an additional £2,400 for each further child. This falls short of the potential level of £25,700 which was on the table and which the home secretary was apparently pushing for. According to a study at the Migration Observatory at Oxford University these changes will mean that, of British citizens in employment:

  • 47% will not qualify to bring in a family member.
  • 58% of people aged between 20 and 30 will not qualify to bring in a family member compared to 35-45% of people aged between 30 and 60.
  • 61% of women and 32% of men will not qualify to bring in a family member. • 48% of people in Scotland will not qualify to bring in a family member.
  • 51% of people in Wales will not qualify to bring in a family member.
  • 46% of English residents will not qualify to bring in a family member.
  • 29% of Londoners will not qualify to bring in a family member.
  • The areas of England with the lowest eligibility are Mersyside, where 56% of people will not be eligible, North West England (53%) and Yorkshire and Humberside (52%).
  • Extension of the period before non-EU migrants here on a spouse or partner visa can apply for indefinite leave to remain, from 2 to 5 years. In addition to this the spouse will need to make an application for an extension of leave to remain after an initial period of 2 1/2 years followed by another application after the period of 5 years has been completed. This extension of the period of leave will cause uncertainty for families. During this period the spouse will not be able to access public funds but will be able to work.
  • Requirement that, from October 2013, all people applying to settle in the UK will need to pass an intermediate level English language test and pass the ‘life in the UK’ test. Currently, applicants can either take the Life in the UK Test or take combined English for Speakers of Other Languages (ESOL) and citizenship classes – the system is geared towards accommodating different skills in language ability. This means that the change will impact in particular those without strong English reading and writing skills.
  • Removal of the right of appeal for people refused family visas. However, leaked figures from the Home Office last year suggested that a high proportion of family visit appeals – around 36% – are successful. This suggests that the problem is not with the appeals system, but with the initial decision-making by the UKBA…
  • Restrictions on the ability of non-EEA adult and elderly dependent relatives to settle in the UK, limiting this to those who require long-term personal care that can only be provided in the UK by their relative here, and requiring them to apply from overseas. Applications for Indefinite Leave to Remain for adult dependant relatives have been abolished. All applications will have to be made from outside the UK.
  • Removal of the 14 year long residence rule – the 14 year long residence rule will be abolished for all applications submitted after 9 July 2012. The period of leave to remain which is lawful and unlawful has been extended to 20 years residence before a person can qualify for Indefinite Leave to Remain where they have had periods of unlawful residence.
  • It seems that the majority of these changes (unless otherwise stated) will come into force one month from now, on 9th July – but will only apply (with the exception of the increased settlement English and Life In  the UK tests from October 2013) to people given leave to enter or remain in the UK under these routes after that date.

RBM Solicitors, Coventry