Canadian married to British citizen & new rules ?!?!

[TLCLM]

Hello, I am a Canadian woman married to a British citizen since 2005. We were married in the UK in 2005, but we have been in a relationship since 2004. Myself and my 2 children from a previous relationship came to the UK Jan. 2005 on a fiancé visa. My husband and I were married in July 2005 and we lived in the UK for another year, so I have an expired residency permit and expired marriage visa.

Myself and my 2 children came back to Canada in 2006 so I could go to university, my husband came to Canada a few times (4 months Nov 2006 - Feb 2007 & Sept 2009-Aug 2010). Over the past year and a half we have been setting up our home in the UK and we were finally ready to send in our marriage visa application a couple weeks ago when we saw the changes to immigration criteria. My husband only makes about 18,000 annually working in South Wales. I work in the insurance industry making about 25,000 here in Canada and could get work making 18,000 - 24,000 annually once we get to the UK.

It appears we were weeks late in getting our marriage visa applications together. We were so busy working towards getting our home set up in the UK that we were not looking on the immigration sites daily. I think the last time we looked was in February or March and there was nothing on the site at that time about changes coming.

After the first couple of days of complete and utter devastation and depression we have decided to do as much on-line research as we can. We are both "lower income" especially compared to the unrealistic financial guidelines set out by the government, we have no savings, my husband makes just under the threshold, we have no one that can "lend us money" we are just honest, hard working people that make a lower amount of money. Neither of us have been on benefits or had help from the government financially. We have a very modest life and we like it that way, yet if we completed our visa application and showed that the annual income my husband makes is sufficient "for us" we would be refused. Is this not the UK government taking away my husbands human rights to family?

I thought I at least had a way to be with my husband by sending in a tier 2 work visa but they have also made severe changes to the criteria there as well.

I read a post on this site from someone stating the thershold may be reduced? Any word on when or any idea of where to get this information from?

I just want to be with my husband, we are so devasted and so upset.... is there help? We do not know what to do next ...... thanks from so sad in Canada

[MPH80]

I'm not sure there are many options to be honest - you need £24,800 income from the UK partner to qualify (base £18,600 + £6200 for your children)

The threshold might change - but then so might any rules. There are various legal challenges being presented to the new rules and the thresholds, but those could take years to process through.

(As I pointed out to another person - the reversal of the 'minimum age' rule took 3 years).

I think if you want to be together short term - you should consider the alternative of him moving to Canada.

M.

[TLCLM]

Thanks for your answer, so you know of any way to help speed up the possible reversal of these rules? PETITIONS, ACTIONS, DEMONSTRATIONS? They are playing with peoples lives here and it is not right at all. My husband needs to be in the UK, he has a close family, older parents and children from a previous relationship. I have full custody of my children so it is easier for us to come to the UK...... or so we thought. We are so devasted. Why hurt so many families instead of targeting the people that need to be stopped (news stories of thousands of people in UK under fake student visa's, allowing criminals, stopping radicals etc). There has to be a better way without taking away the HUMAN RIGHTS of British citizens and not allowing them to have their families with them...... NOT FAIR

[MPH80]

I doubt any protests will make much difference - they didn't with the minimum age. Only a legal case overturned that, and then only after several appeals were done.

It's also hard to see that the minimum income level requirement is that challengable as it stands. There's always been a minimum financial requirement - and that was never successfully challenged. Arguably this one is easier to hit for some people as it doesn't take into account outgoings.

I still think the best avenue of legal attack is a sex discrimination angle due to women who give up work to look after kids being excluded given that only the sponsor's income can be taken into account from abroad.

It is easy to hope for the change, but I think you have to explore other options in order to be together.

M.