What will happen if rules change again?

[Jem60]

Does anyone have any idea what might happen (based on previous instances) if the Government change the rules again with regards to the spouse visa. In particular, if applicant was given leave to enter due to sponsor's disability and thereby only having to prove adequate maintenance. If the Government abolish this exemption, and the applicant has lived in the UK for almost 2.5 years with his wife and children, where would he stand. I am particularly concerned that the Government may also abolish the use of article 8. Could a husband and father really be deported under these circumstances? I know that nobody will have a definitive answer, I'm just looking for a little reassurance from someone who understands more than I do. Thank you.

[Casa]

Following previous changes to Immigration rules, these would not apply to those who were given clearance previous to the date the changes were implemented. As an example on the forum we often mention the 'old rules' when referring to visas applied for before the 'new rules' introduced on the 9th July 2012.
If the Government withdraw from the Human Rights Act and article 8, they are proposing to replace it with the Bill of Rights. There would still be the right to apply for a form of discretionary leave. You shouldn't be concerned about deportation.

[Jem60]

Thank you Casa. My daughter has children from a previous marriage and two to her husband. I find it hard to believe that they could ever be separated but worry about what this Government may do.

[Jem60]

Does anyone know whether a couple can claim Working tax credits if it is the partner subject to immigration control who is working? If they can't claim WTC and the Government significantly reduce Child tax credits, affecting large families, is there anything else that can be claimed? Child benefit should be claimed by the spouse who has settled status.

[Casa]

As confusing as it may seem, WTC and Child Tax Credits should be claimed in joint names. This won't adversely affect the spouse who is still under Immigration control.
https://www.gov.uk/tax-credits-calculator

[Jem60]

Thank you Casa. My daughter is on a disability benefit so they were able to apply for spouse visa under the adequate maintenance rules. If my daughter loses the benefit or the Government no longer accept this as an exemption, would she then have to be earning the minimum income to apply for Further leave to remain? She would not be able to do this and is really worried. Would discretionary leave be available if Article 8 is removed? Sorry if I keep repeating myself, I was just hoping to reassure her as the stress of it is making her illness worse.

[Casa]

Your daughter would be able to apply under FLR(FP) and shouldn't be concerned about being refused leave. Even if Article 8 was removed at some time in the future, it would be replaced with the Bill of Rights.