UK Immigration Solicitor

UKBA has issued its worrying consultation on reforming routes for family migration. This is just a consultation at this stage. As leading UK Immigration solicitors, we are providing you with a summary of the key proposals.

Spouses

The introduction of a specific minimum income requirement (for maintenance purposes) for British and settled sponsors to bring family members over.
An extension of the probationary period for spouses so that they will wait five instead of two years before they are able to settle
The introduction of a more specific definition of what constitutes ‘a genuine and continuing relationship”
Pushing up the language level requirements for settlement purposes from A1 to B1 level
Requiring the production of more substantial documentation to substantiate marriage applications
Examining interview arrangements for sponsors
The ending of the possibility of immediate settlement for those who have been married for 4 years and are living abroad- it is proposed that such individuals will also have to complete a 5 year settlement period
Restricting the ability of those sponsored as a spouse to sponsor another spouse or partner from within 5 years of settlement
The possibility of a requirement to take out medical insurance for certain family members (the detail of this will be in a consultation by the Department of Health)
Introduction of powers to delay marriages which are suspected of being ‘sham’ marriages and the introduction of sham ‘lawful impediment’ to marriage in England and Wales
legislating to make forced marriage a criminal offence

Other family members

The introduction of a specific income threshold for sponsors of dependants for maintenance and accommodation
The ending of indefinite leave to enter for adult dependants and dependants aged 65 or over and the introduction of a 5 year settlement period
The introduction of a more exacting requirement for dependence in the case of parents/grandparents aged 65, and the possibility of increasing the age threshold
The introduction of pre-entry language requirements for dependants aged 16 or 17, or aged under 65 (level A1 standard)
Introducing changes to the length of leave granted to 17 year old dependants nearing their 18th birthday
The introduction of more exacting settlement language requirements at B1 level for the above groups

PBS family members

Increasing the probationary period from 2-5 years- with only time spent in the UK counting towards this
The introduction of a higher B1 English language requirement for dependants who wish to settle in the UK

Family visit visas

limiting the grounds of appeal in relation to family visit visa decisions only in ECHR/race discrimination cases

Article 8 ECHR

Opening up a discussion of the issues around Article 8 and immigration control
Seeking views on the balance between the right to private and family life and the public interest

Changes in family migration rules

The UKBA’s recent announcement of potential family migration reforms has caused concern for many people in the process of seeking family based immigration. As yet it’s still in the consultation stage but the proposals indicate a stark change to current guidelines, with just some of the potential reforms including:

• The introduction of a minimum income requirement before settled sponsors can bring spouses or family members over.
• An increase in language level requirements from A1 to B1.
• An extension of the probationary period for spouses and other family members, whereby they’ll have to wait five years instead of two for settlement.
• The possibility of a requirement for certain family members to have private health insurance.

• Changes to indefinite leave applications for adult dependants.
• Limiting the grounds to appeal in family visit visas.

These are just a few of the proposed changes to family immigration rules, and any one of them could have a huge impact on anyone seeking family migration. If these strict proposals were to become law it could be harder for foreign nationals to bring their family members over to the UK making knowledge of the area essential, and that’s why it’s vital you can get access to the help and advice you need.

Advice on family immigration you can trust

It’s only by having an understanding of all aspects of family based immigration that you can hope for a successful application, and that’s why it’s so important to get advice you can trust. That’s where we come in. We’re expert immigration lawyers and are fully trained in all aspects of family based immigration, and with years of experience in the area we know what it takes to make a successful application.

Improve your case with a UK immigration solicitor

Our experienced solicitors will be on-hand to guide you through the process, ultimately helping to ensure that your application is a successful one. We understand the process and we know how important it is for family’s to achieve successful migration, so if you want to increase your chances of a successful application make sure to get in touch and see how we can help.