New Immigration Rules

[LulaPalooza]

I didn't know whether to put this in AIBU, chat, politics... but since it is in the news I put it here.

It's a rant. Feel free to ignore.

Through no fault of our own and entirely due to the continual changes in the immigration rules, the course of mine and Mr Palooza's relationship and our potential for a family life has continually been challenged over the years. It was bad enough that we now have to jump through enormous hoops to even bring his family over for a holiday.

The new immigration rules, insofar as I understand them (trying to actually get to the bottom of how they will be implemented is a challenge in itself... and I'm a lawyer, FFS) will affect our ability to have DSS (aged 12) here or at least the timing of that happening. This is a massive blow.

The new rules also affect my choices around my job - I was aiming to leave my current job in June next year, to coincide with DSS's planned arrival, to settle him in, build a family life, do the right thing. I will not be able to do that now as I am the higher earner. Blah blah blah I'm not going to bore you with detail...

In short, being in a relationship with a non-EU national is going to get more and more difficult, if you want to remain in the UK, lawfully.

It really and truly sucks.

Feel free to rant, I know exactly how you feel.

Dh and I couldn't have got married at all if those had been the rules when we were young, as he was in a profession that paid peanuts and I had only just graduated. I have now lived in the UK for nearly 20 years, never been dependent on the state in any way, made (I think) a useful contribution to my field, given generously to charity and done volunteering in my spare time. Really can't see that the country has come to any harm through letting me in.

I do hope something sorts itself out for you and your dss, but they're not making it easy, are they?

the other side of the coin of course is that we are a very crowded land with immense pressure on space and housing, especially in the south. I can't see how my children will ever be able to afford to buy a house in england. and they are pretty well educated and will hopefully be professional types.

could you move to your partners country?

cory - thanks, appreciate the empathy!

dreaming - well, yes we could but that means me giving up my job and my home which is not ideal when I am the higher earner. I cannot work as a lawyer in Mr Palooza's country as they do not recognise my qualification.

If it comes to it, that's what we'll have to do, but my point is that a couple whose relationship is recognised at law both here and in his country, both of whom contribute to the economy and neither of whom have ever relied on state support, should not be forced to continually jump through hoops.

DSS is also pretty well educated and will hopefully be a professional type too. What parent doesn't want that for their child?

They are odd rules and I'm not clear if my fiance and I would be affected if we were subject to them. I am a UK national on a low income due to disability, so I would not be able to sponsor him (non EU national). Yet he is on a very high salary but it seems that the new rules wouldn't take this into account, only my own income? It doesn't seem to take into account the foreign partner's income at all. In fact I am more of a burden on the taxpayer without my fiance as I get more in tax credits, housing benefit etc as a single disabled parent, but when assessed as a couple, we are well over the tax credit threshold with his salary.

We are lucky that it won't affect us anyway, as he found employment in the UK using his own professional contacts so he got a work visa, but I know that's very hard for most people and is going to get harder too.

Fortunately the changes won't affect us either, but I think it's very unfair on couples who will feel the impact. :(

Thanks, playon and Jinsei

I'm glad to hear your situations will be unaffected and it's nice to know that at least some people understand. x

The rules are definitely not in favor of families or in favor of keeping them together. My husband and I were freaking while the consultation was out. For awhile, we were afraid DH could have potentially faced choosing between deportation with me and staying in the UK with his daughter. It turns out we won't be affected by these new rules after all due to dumb luck, so technically we don't have to worry about it, but the original docs definitely implied that we could be.

Thing is, I got my 2-year spouse visa in February, but I had several months left to go before my Tier 1 General expired. Had I decided to get more value for money with the previous visa (and they are worth a few months of rent payments, so who could blame you if you wanted to), the rules and minimum income levels would probably apply to us, because July is nearly here and it takes time to put together a solid application and come up with the money for the fee.

It also sets me off when I hear people think I'm drawing down benefits. Not a chance. Not a single one of my visas (student, Fresh Talent, Tier 1 General or the two year spouse visa) has ever allowed that. When I ran out of money at uni, I had to get a job - I had a Bachelor's degree and professional work experience, but still had to start all over again in minimum wage retail and food service positions before anyone in my field would hire me. It was only minimum wage employers that would bother hiring anyone without a National Insurance number. The job centre told me I couldn't get an NI number without a job offer. Employers told me they couldn't hire me without an NI number. Easy to get my behind.

Now that I am on the spouse visa, I can access contributory benefits, such as Statutory Maternity Pay, only. Given that I've been working full-time in the UK since 2007 and did not go straight on the dole after university, I think this is an okay privilege.

I've not read up on it.
Maybe I should.
Is the change retrospective?
ie will it impact on those who already have ILR status or full residence visas?

maybe its time to cough up that £1000 and get the UK passport.

No, it's not retrospective, thank God. Anyone who is on the family migration route to settlement (ILR) already, ie has the 2-year spouse visa by July ...9th I think, will be able to apply for ILR under the old rules. TalkinPeace2, you shouldn't be affected because you already hold ILR (I'm assuming from your post). Only difference for me is I have to pass both Life in the UK and the English language test (unless I am still exempt for being from an English-majority speaking country - that isn't clear to me yet).

Getting a UK passport has crossed my mind too, though. Or Scotland passport if the country ever does break away from the UK. It's occurred to me that since I have a family now, I should probably try to become as deportation-proof as possible. Lord knows the non-EEA immigrants are an easy target.

talkin and probably, DH has been eligible for citizenship for years, but never bothered to apply as his birth country doesn't allow dual nationality and he didn't want to lose his other passport. However, he took British citizenship last month and should get his new British passport next week. Over-cautious, maybe, but we simply don't know what the coalition government might do next.:(

probably
I do indeed have ILR - have done since 1970 !
English is my first language but I still had to take the life in the UK test.
I was exempted the English language test because I got an A in my English language O level!
I've just chickened out on applying as its a heck of a lot of money.
For years the US did not allow dual but that was one good thing Bill C snuck through in his final weeks
Jinsei
so long as your DH never uses his other passport to go "home" they will never know! Book flights on his other one, but have the UK one in your bag for immigration at Heathrow.

My DH is non EU and he got ILR in 2004. It was hard work getting it. He still hasn't got his British passport but i think we will bite the bullet and do the test and spend the money. With all the new restrictions I think it might be the right time to do it.

talkin, I wondered about that but DH said it wasn't possible for some reason. Too late now anyway, as he has already surrendered it. :(

jinsei
Daft sod!

• is there any way he can NOW request a renewal? : compare the cost and hassle of that with the long term visa fees feel free to PM me the other country name - nothing else - and I'll apply my warped brain to a route round :-)

Mizu : the ILR is like gold dust. Mine is in a passport that ran out 8 years ago and I guard it with my life. Once you have that, visas are an irrelevance. The test is cheap - mine was £35 - its the effing form that is so dear
BUT
friends have told me that the extra £35 to get the post office to certify all your docs so you are never passportless is utterly worth it.

The grief I get coming into the UK from customs (I have an English DH, DC and DS and plummy accent) is quite a joke.

He'd have to live there for a year to get his nationality back. :( However, visa fees etc shouldn't be a hassle - he can apply for a special status which will enable to come and go as he wishes. It doesn't have an expiry date and entitles him to live and work there etc. But he won't be able to vote, buy certain types of land or work in the civil service. It should be fine, it will just take a bit of time to sort things out.

Ironically, I currently have more rights in his home country than he does!

ROTFLMAO !
Glad you are thinking of ways round.
I'm looking forward to getting my UK passport in my other name -point of principle, not secret agent !!!

Gosh, sorry for leaving this thread! I thought I was going to get loads of DM-sque flaming. I should have trusted Mn more.

It's encouraging to hear your stories and the fact that you sound like you've all stayed sane through the process! Thank you x

was looking for a thread about this

the new rules are coming into force on July 9th!! which seems ridiculously rushed to me...

the law is unlikely to affect me, as I have no plans to live in the UK again - but who knows what will happen? (I am in Japan, so I suppose the threat of becoming homeless here because of a massive earthquake/tsunami is actually very real, and in that case, I guess I could relocate to the UK with DCs who have British passports, but Japanese DH would not be able to join us )

There is a petition for those opposed to the new law to sign

epetitions.direct.gov.uk/petitions/32167

it is scary what the ConDems will do to pander to the anti-immigration mob

these are the latest updates from the Border Agency

www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration

Thank you for those links, TanteRose.

you're very welcome

everyone, please sign the petition

Palooza I'm not sure what the new law is. But have you considered moving to australia? They are looking for many young, professional people to set up a new life there. It sounds like the right place for your family if you ask me! As long as you pass the point system, there should be no hurdle for you and MrPalooza. The houses are big, the weather is great, and it's very welcoming to immigrants.

DH and I are from NZ, and DH is a migrant from the UK when he was little. We settled here 5 or 6 years ago. It was very easy to get the cert to marry and then apply for indefinite leave to return back then. Just an exercise of putting cheques into envelopes. I'll have a look at what the changes are, I'm curious now.

petition signed, Tannie (that's the SA equivalent, familiar form of Tante! See, I'm learning in case I have to leave the UK!)

OneLittle - Oz sounds amazing but our joint hearts and souls are in the UK and SA.... family, friends, culture, yadayada... Plus I am 40, I don't think I qualify for an Oz visa!

But thank you so much for you interest and advice xx

fuck. I had no idea about this, we are currently in the process of applying for ILR for my husband. We are doing it through a reputable immigration solicitors, they havent mentioned anything...Ill be on to them in the morning. :(

Hi Lula and all

found a very interesting article

liberalconspiracy.org/2012/06/18/govts-new-plans-to-limit-immigration-are-more-worrying-than-you-think/

unbelievable that they will stop taking into account the salary of the non-EU spouse/partner

if anyone is on Facebook, there is a page called Brits Against Family Exile

www.facebook.com/#!/BritsAgainstFamilyExile

I agree, the new rules are atrocious. I actually think they will not be allowed for long as inevitably they will breach EU human rights (right to a family life). Imagine, not being able to live in your home country because you married a non-EU national and don't earn enough money!

OP this may sound crazy but is there anywhere else in the EU you could resettle -- Ireland maybe? The immigration path for EU nationals in other EU countries is ridiculously easy, compared to immigration in your home country. For example, when I married my French husband in the UK, literally the only thing I had to do was prove we were married and that he was resident in the UK (and my visa was free).