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UNITED KINGDOM - Sponsoring Family Migrants – Rule Changes Take Effect Today

The recently announced changes to the UK Immigration Rules on family settlement take effect today, 9 July 2012. Applications relating to family migration after this date will be subject to the new rules.

Financial Requirement Changes

Changes relating to financial requirements are:

  • The minimum income threshold for a UK citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA nationality is now £18,600 per annum.
  • For a partner with one child, the income threshold is now £22,400 per year, and an extra £2,400 for every additional child thereafter.
  • Savings above £16,000 held for at least six months can go towards any shortfall in earnings, however this is based on a very specific calculation.

Additional Changes

The following additional changes also take effect today:

  • The probationary period which must be fulfilled by spouses/partners prior to application for settlement in the UK is now five years.
  • Spouses or partners who have been living with a British or settled person outside the UK for at least four years will no longer be able to apply for settlement immediately; they are now required to complete the five year probationary period.
  • Adult dependent relative applications must be made from overseas, and are limited to immediate family - parents, siblings, grandparents and adult children. Adults over 65 will no longer be able to settle in the UK purely on financial dependency on someone settled in the UK; they must now show they require long-term personal care, and that only the relative in the UK can provide it.
  • The 14 year long residence rule, whereby migrants may apply for settlement regardless of whether their stay in the UK has been lawful, has been abolished.

Applicants Already In The UK

The new rules do not apply to persons who were granted leave to enter or remain in the UK before 9 July 2012, on the basis of being the spouse or partner of a settled person.

Action Items

  • Note the new requirements for UK citizens or settled residents to sponsor non-EEA spouses or partners

The information in this alert was provided by Dearson Winyard International

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.