Financial Requirement

[ukthesis]

While not about the financial requirement, perhaps you can field this query. I had assumed that if all went well, 5 years after the date of marriage, the overseas lady from outside the EU gains UK citizenship. However, an immigration lawyer says that ANOTHER year has to elapse before she is afforded full UK citizen rights against, for example, deportation. So the full process actually takes a total of 6 years and not 5. Which is right?

[Casa]

On the 5 year route, if married to a British Citizen, they can apply for BC straight after being granted ILR without waiting for an additional year. This is assuming the marriage is subsisting and they haven't finalised a divorce.
A couple who are separated are still considered as 'married' for immigration purposes.
By the way.. 'deportation' wouldn't be applicable whether they qualify for BC or not if ILR had been granted.

[ukthesis]

Thanks for that.

Does anyone know of boards or forums for British guys wishing to live overseas?

[Amber]

In which Country?

[ukthesis]

Moldova.

For reasons a little to complicated to go into here, I met the lady in question in her home Moldova last week. We had a chat and for various reasons she is of the opinion that rather than her coming here to the UK to marry and live (see my other posts) it would actually be more practical for me to go there. I need to speak basic Russian for a start, and there are other issues like the standard of health care in Moldova, as the poorest country (allegedly) in Europe. So private health care insurance is a must. The lady is researching this and other issues arising from my possibly moving there.

No final decision has been made, but I'm open to the idea.

[Wanderer]

Moldova.

For reasons a little to complicated to go into here, I met the lady in question in her home Moldova last week. We had a chat and for various reasons she is of the opinion that rather than her coming here to the UK to marry and live (see my other posts) it would actually be more practical for me to go there. I need to speak basic Russian for a start, and there are other issues like the standard of health care in Moldova, as the poorest country (allegedly) in Europe. So private health care insurance is a must. The lady is researching this and other issues arising from my possibly moving there.

No final decision has been made, but I'm open to the idea.

You'd be mad, that area is near Trans-dnieper, the next zone in Putin's sights, could very well become a war zone...

[Casa]

I was hoping you might step in here Wanderer. ukthesis, you very formally mention 'the lady' in your posts. How many times have you met in person?

[ukthesis]

The Financial Requirement if I want to bring my Moldovan wife into the UK is set at £62,500 in my savings, is this still the case?

But as I understand things, there is an alternative route to those without this in savings or don't meet the earnings/income requirement. That they go the "10 years" route to UK settlement. I'm a bit surprised this rarely gets mentioned.

Or am I missing something?

[MPH80]

Yes - the bit you're missing is that the 10 year route for settlement has very specific requirements to meet.

Check out EX-1 - that's what makes the 10 year path possible.

In other words - it has to be impossible for you to relocate out of the UK.

Oh - and your wife has to be in the UK in the first place to utilize it.

[Rayking]

Moldova.

For reasons a little to complicated to go into here, I met the lady in question in her home Moldova last week. We had a chat and for various reasons she is of the opinion that rather than her coming here to the UK to marry and live (see my other posts) it would actually be more practical for me to go there. I need to speak basic Russian for a start, and there are other issues like the standard of health care in Moldova, as the poorest country (allegedly) in Europe. So private health care insurance is a must. The lady is researching this and other issues arising from my possibly moving there.

No final decision has been made, but I'm open to the idea.

Just follow your heart,love can move mountains!

[ukthesis]

Ok, good points. Why do they have this 10 years thing if it's next to impossible to go through it?

And is there no news on the European Court challenge to the Financial Requirement?

What doesn't make sense to me is that this rule is supposed to ensure that the immigrant doesn't rely on UK state funds for about 5 years. However, they would soon learn anyhow that they can't claim benefits when they tried to applied for them. So I don't understand adding this requirement is necessary.

[MPH80]

Because it's there for people in exceptional circumstances - e.g. where - for example - same sex couples can't possibly relocate to their home country for fear of persecution.

In terms of the high court challenge - the news was that the financial requirements were found to be proportional and the high court backed the home office. I believe there was an application to appeal to the supreme court - but I don't recall the outcome of that (if any has yet happened).

You're right that the immigrant has no right to funds however, the settled person does, and there are a number of benefits that increase with more members of the family being present. The idea is to ensure that the family does not become a burden on the tax payer (however wrong or right that is).

[ukthesis]

From what you say, it's so tough on those who married let's say abroad and then the UK man returns to the UK on a permanent basis for example for medical care. But his wife is stuck in the country she's a citizen of and he doesn't have the income or savings to get her even into the UK. I suppose the intention is to drive him into leaving the UK to join her in her own country outside the EU, or perhaps the two of them going to another EU country where these very strict requirements do not exist. I would imagine that includes most, if not all, of other EU states.

I do know that in Moldova, where my fianceee comes from, the UK is renowned for being very tough to get into legally. A local travel agent over there can't even get into the UK as part of her work. So the perception over here that the UK is a soft touch for those from outside the EU is far from the truth if you want to do it within the rules. Unless, of course, you have money.

[MPH80]

I agree with everything you say. My particular beef with the situation is for british women who move abroad. They are more likely to be homemakers than the men and will find it far harder to find a job on return to the UK in that circumstance than a man who has been working abroad.

In the current political climate in the UK - unless we end up with some labour/lib dem coalition (which seems highly unlikely) after the next general election - the situation is only likely to get harder for immigrants.

[ukthesis]

I have a query of my own related to the family of a settled person (myself) visa. Do you have any experience of this visa?

On the financial requirement, almost all immigrants to the UK from outside the EU (where the finanical requirement applies) don't cost the UK taxpayer anything, according to the figures I read a few days ago. I think that they said only about 2 percent of immigrants from outside the EU get these benefits.

I think the point you make about UK women who want to return home, though interesting, isn't linked to the Financial Requirement unless I'm again missing something? As UK citizens, they don't need to pass the test.

[MPH80]

The issue is that the british citizen is the one who has to meet the financial test to show they can support their foreign partner.

So a british woman who is a homemaker (which they are far more likely to be statistically) cannot bring a husband from abroad. I have a particular friend who is stuck in this position. Her husband is a highly paid executive in an American firm. She'd love to return to the UK with him - but cannot without returning ahead of him and obtaining a job for 6 months. This means leaving her children in his care (which he cannot do with his job) or returning with them and leaving them in childcare for those 6 months. Her only choice is to wait and see if his firm will offer him a transfer.