Government launches consultation on family route

[beatboy]

Thanks Susdmehta

Here is my template. I hope the formatting comes out OK - if not you may need to delete a few empty spaces. I've taken out my personal info and I imagine parts will need to be amended for each individual case.

Dear Mr {INSERT MP SURNAME HERE}

REFERENCE: MIGRATION ADVISORY COMMITTEE RECOMMENDATION OF MINIMUM SALARY OF BETWEEN £18,600 and £25,700 FOR SPONSORING A PARTNER FOR UK RESIDENCY.

My name is {INSERT NAME HERE} and for {INSERT NUMBER OF} years my family and I have been {INSERT CONSTITUENT WARD NAME HERE} Constituents. I am writing to express my shock and fear regarding the government plans to introduce a salary limit on family immigration visas. In my case it will mean that I could well be blocked from coming back to live in my constituency and I feel unduly persecuted for this reason.

I am currently living in {INSERT COUNTRY HERE} with my {INSERT NATIONALITY HERE] partner who I met {PERSONAL BACKGROUND HERE – 2 SENTENCES BRIEFLY RELATING TO YOUR CASE} We are now ready to move back to the UK together to settle and start a new life. We never envisaged this being a problem as, after all, I am a born and bred UK citizen and have a human right to a family life in the UK and, in particular, my home town.

However, the recommended changes by the Migration Advisory Committee means I could be banished from my own country. I understand that from April 2012, the Government is proposing that UK sponsors wanting to bring their married partners to the UK will have to be earning a minimum salary of between £18,600 and £25,700 when their spouse applies for a settlement visa. Through my research, it seems several policy experts and the Prime Minister himself have suggested that the latter salary level is most likely in order to reduce family visa applications by an estimated 64%

I am a {INSERT JOB DETAILS HERE} and I know full well that a salary of between 18k and 25k is difficult to achieve and even more so when you have been out of the country for a period of time and have to start all over again. In addition, from checking job bulletins and speaking to family members, in today’s economic climate finding a job in the area which pays this kind of salary is not easy to find. Under the current laws, to even be considered for residency I will have to leave my wife and find a job which shows I can support us both. Even though the thought of going alone upsets me, I accept it is necessary. However, the prospects of the proposed changes could mean that my wife will not be even able to apply for residency and live with me until I earn up to £25,700. I am terrified we could be apart for months on end, and possibly never be able to live together in the UK.

I feel that it is wholly unfair that someone who has “played by the rules”, paid taxes and never been a burden to society is being unfairly marginalized. I know that you have a proven track record for fighting these kinds of issues and I would be very grateful if you could contact the Home Secretary on my behalf and if possible Mr Miliband and Mr Cameron about how the Government’s proposals could lock out many UK citizens from making a living for their family in their own country.

Thank you for your time and I look forward to hearing from you.

Yours sincerely,

{NAME HERE}

[mundauk]

What about setting up a petittion?

[beatboy]

I think that is also a good idea. How do you start that off? I also would suggest that you ask family members to write to their MPs as well.

[mundauk]

This is UK Gov

http://epetitions.direct.gov.uk

Yes sure will get everyone to email..

[GrahamD85]

If someone sets up a petition (I have no clue where to start) I'm happy to spread it around and get signatures on it. A Facebook page might be a good idea too.

I wrote to my MP a few months ago but my letter was nowhere near as striking as the one just posted, so best to use that. I did get a response though and you can see it on page 5 of this thread. Reading it again it seems quite positive for those already here with FLR, but it still bothers me that those without FLR yet will be hit very hard. I have friends in this situation who will be screwed if the income level is set somewhere between those proposed values.

[midget]

A few points I noted reading the full MAC report, I hope I haven't read it incorrectly :
- earned income is the only income considered and the report specifically highlights that net wealth (ie savings) is not considered
- the income support rates mentioned should increase where there are dependants
- the report mentions that if applicant income is to be considered and this is no certainty the govt will consider doing this (eg applicant already in UK or has firm job offer ) then the income rates should be adjusted

Anyone else read the report in the same way ??

[GrahamD85]

I did read the same about savings, which worried me a bit. A couple surely can't be a burden if they have access to a large amount of savings. Also, if you read the response to my letter from Damian Green's office on page 5 of this thread it says that savings will continue to be considered for those sponsors that are unemployed or do not reach the requirement. It even says that the government's aim is to place greater emphasis on the sponsor's income and cash savings, so I can't see them telling people with no income/low income but a huge amount of savings that they'll be a burden on the state. They have money.

Regarding income from an applicant as well as a sponsor, yes, it seems like there might be a different income target for two people, as opposed to a couple jointly earning the proposed threshold. I'm not sure if this means the income threshold would be double/much higher for two people, but this doesn't fully makes sense anyway. If the government want a sponsor to earn, say, £18k to support themselves and their partner, that's two people living on £18k. So if the applicant also works in the UK and has a job, why do they need to earn more than the £18k combined? It's still two people living on that amount, which is allowed if just the sponsor is earning. Again, in my letter from Mr Green's office it says that they are considering whether applicants income will count, then further on in the letter it says it will count, along with any joint savings.

These are recommendations too, so the government doesn't have to take it all on board. If the government set the income threshold at £25k, said that people weren't allowed to use savings and only the income of the sponsor would be considered, a huge amount of people would be denied. A couple applying for ILR where the sponsor earned £20k, the applicant earned £27k and they had £30,000 in savings would therefore be rejected.

Can you really see that happening?

[midget]

I agree it makes no logical sense to exclude savings, but since when is this whole process logical ?

I think in the past the govt has released their new requirements fairly quickly after the MAC report publication, so hopefully they do the same and help us end our speculations.

[GrahamD85]

The consensus from other forums is that the chances of a threshold being set so high are slim because it would lead to loads of court cases under Article 8 that would cost a fortune and would probably always result in the sponsor and applicant winning. The rules would also heavily affect people outside of London where wages aren't as high.

Just to add to that too, the whole 'savings can be drawn down over a period of time' argument is rubbish - We live in an era where someone can be made redundant or find themselves out of work very, very easily. No one has a guarantee of a job lasting years so savings are just as reliable in some cases.

Also, yes, it does seem like having dependants would push up the income threshold. By quite a lot actually.

Having read my letter from Green's office again it looks unlikely that this would affect the vast majority of those already enroute for ILR - it says that transitional arrangements are being looked into and hopefully for those already well into their FLR period it means they won't be affected. I do hope the 'transitional period' isn't a month or two, as it has been in the past for some things. A cut off point, such as those who received FLR before April 2011, would be seemingly generous for this government, but a proper 'If you have FLR already you're not affected' would be much, much better. The consultation paper released in July says that ILR applicants under the new rules would need to meet the income requirements in place when they were granted FLR, which suggests to me that those already on FLR would be excluded.

Time will tell, but it's nice to speculate with others - my mates and family have no clue what myself and my girlfriend go through every year or two!

[GrahamD85]

And another thing to bear in mind is the extension of the probationary period to 5 years that the government is very keen on implementing. If they bring that in too and the rule changes do affect those on FLR then those people will also be required to wait longer. They can't bring in one part of the new rules but not the others.

This may or may not be a bad thing - if you don't meet the income requirement it gives you longer to do so, but if you do it's a long and frustrating wait.

[Asgard]

And another thing to bear in mind is the extension of the probationary period to 5 years that the government is very keen on implementing. If they bring that in too and the rule changes do affect those on FLR then those people will also be required to wait longer. They can't bring in one part of the new rules but not the others.

This may or may not be a bad thing - if you don't meet the income requirement it gives you longer to do so, but if you do it's a long and frustrating wait.

Lots of very useful and interesting information posted so far here. Thanks to all even if it's rather scary in places! This is bad for so many employed and hard working decent people and those who aren't able to do so through no fault of their own.

But what happens if the sponsor is permanently disabled? What hope do such people have for their spouse to come and live with them? They aren't going to get better over time, so if you don't meet the income requirement now, you may never do so anyway. It's all very depressing and very frightening.


Asgard

[beatboy]

[quote="GrahamD85"]If someone sets up a petition (I have no clue where to start) I'm happy to spread it around and get signatures on it. A Facebook page might be a good idea too.
/quote]

I'm on both as I type and will try to get them uploaded and linked to this page as soon as possible

[beatboy]

I have written the wording which will form the wall comment on facebook group page and some of the petition but would be really grateful if you could

1) check and see if there are any amends or suggestions to the wording
2) think of a title for our campaign. Facebook doesn't allow too many words to name a group so we need something snappy. I was thinking about "Campaign against income changes blar blar" but it sounds a little dull. Any suggestions would be very welcome

FACEBOOK GROUP TITLE: Campaign against ???????

As part of proposed immigration changes, the UK Government has been recommended by the Migration Advisory Committee that UK sponsors (i.e UK citizens married to a non EU partner) wanting to bring their married partners to the UK will have to be earning a minimum salary of between £18,600 and £25,700 when their spouse applies for a residency visa. Several policy experts and the Prime Minister himself have suggested that the latter salary level is most likely in order to reduce family visa applications by an estimated 63%.

Although it is clear that immigration law changes are needed to stop persistent violation and disregard of the rules, these proposed laws are an infringement of human rights and must be stopped.

If these changes go ahead, any UK citizen who does not earn almost £26,000 will be barred from bringing their husband or wife into the UK and effectively banished from their own country. Under this income threshold, UK born nurses, teachers, support workers and call centre workers who have lived abroad could be denied access to the UK. Also, these proposals would mean that UK citizens who claim benefit or have a disability will be effectively blocked from bringing their loved ones to live with them in their country of right.

These proposed immigration laws are inherently nasty. The Government has clearly not thought this proposal through as it persecutes the thousands of genuine, law abiding UK citizens who live in non-EU territories and are thinking about bringing their family to the UK to start a new life. We live in a global world and have been encouraged to travel and work abroad. If the Government has its way, many UK citizens will be victimized for having done nothing wrong other than fall in love with a person from a non EU country.

Please show your support to this campaign and we encourage you to write to your local MP with your concerns via www.writetothem.com

[GrahamD85]

Looks good, but I think it's important to consistently point out that these changes could be implemented and people could be affected, the disabled could be affected etc. As we don't yet know the scope of these, potential, new rules if the MAC report is used to create the minimum income figure, it's good to point out that these things might become a reality if people don't voice their concern.

I'm not sure about a name - it's tricky to make something like this sound appealing and catchy!

[GrahamD85]

Sorry, to clarify that I mean to point out that this might become a reality - it hasn't yet happened or may not, but people should be aware it could.

[beatboy]

thanks graham

I'm thinking of changing the last paragraph to:

If people don’t voice their concerns, these rules could come into effect by April 2012. Please show your support for this campaign and we encourage you to write to your local MP with your concerns via www.writetothem.com

what you think?

[geriatrix]

Please, no discussion on the forum regarding "Facebook campaign" or anything similar.

[beatboy]

Please, no discussion on the forum regarding "Facebook campaign" or anything similar.

Do you mean that we should not start a facebook group or only we should not discuss it on here?

[geriatrix]

I did not say that you should not start a Facebook group / campaign (or anything similar).

[Aryan2013]

Mods, May I ask, if I May, why my post was removed from the forum???

All I posted was:

I think its a very good move and we should try to encourage as many people we can, to join us and help us out.

I suggest, FACEBOOK GROUP TITLE: Campaign Against Unfairness or something like that.........

We should try to broaden the group as much as we can i.e against any retro change in the rules, against any human right changes, etc

[Asgard]

Mods, May I ask, if I May, why my post was removed from the forum???

Yes, I agree. I've been looking through the forum rules, and it'd be nice and polite to have some clarification at least given that it's not clear why.


Asgard

[beatboy]

The FB Group is now live. Search for: "Action against UK spouse visa income changes",press "Like" and then add a comment in the wall

[maxiy]

Check the new Updates as below :

http://www.telegraph.co.uk/news/uknews/ ... eform.html

[atikhonee]

i assume that this would not effect the people who are already in the u.k on flr/spouse visa. am i right ? comment please

[shade00]

I wonder when will this legislation come into effect.

After reverting the age law it seems logical that they would make it more strict in other ways.