How new law will affect on going cases

[fatguyslim]

Hey everyone, I am a British national currently living in India. My brother, who is an Indian national, is currently in the UK working as a support worker. He immigrated to the UK back in May 2023 under the skilled worker visa for Health and Social care. My brother is getting married in Jan 2024 and he plans to apply for family visa for his soon to be wife. It is an arranged marriage but our families have been planning to get married since September 2023. It was the only time my brother could get time off work and use up all his annual leave in one go. The UK government has mentioned that this new rule (minimum threshold for spouse visa) will come into effect in January 2024 and does not mention the date. My brother is on £30k a year salary and if the new rule kicks in then he will certainly not qualify to bring his wife over to the UK. Just want to know if this will affect his situation given that we have been planning for the wedding for a while?

Secondly, my wife who is an Indian National got her spouse visa back in Feb 2023 which is valid till Nov 2025. I applied for her visa based on £62,500 which was calculated on the bases of £18,600 using this formula "(£62500-£16000)/2.5=£18,600" mentioned in Appendix FM Section 1.7 under Family Maintanece. Now if the new rule mentions the minimum threshold will be £38,700 the using the same formula the new minimum cash savings will be £112,750? This will be absolutely outrageous given my initial application was based on £62,500 and now it will be nearly twice as much when I have to renew her visa. Can someone please clarify if they will follow the previous rule in this situation or the new one when comes to renewing this visa in 2025?

Thanks in advance

[alterhase58]

We have no more information than you have seen in the media.
This hasn't been laid before parliament and no guidance document has been changed.

[fatguyslim]

We have no more information than you have seen in the media.
This hasn't been laid before parliament and no guidance document has been changed.

Thanks for clarifying that alterhase, but the press release from Gov.UK are actually saying this new rule will start from January 2024. Not even sure when they sit in the parliament next to speak regarding this. Would be interesting to see how many MPs show for this case.

[Ticktack]

We have no more information than you have seen in the media.
This hasn't been laid before parliament and no guidance document has been changed.

Thanks for clarifying that alterhase, but the press release from Gov.UK are actually saying this new rule will start from January 2024. Not even sure when they sit in the parliament next to speak regarding this. Would be interesting to see how many MPs show for this case.

Cleverly said that from the spring of 2024, no specific month mentioned.

[secret.simon]

Not even sure when they sit in the parliament next to speak regarding this.

It is a change of existing Immigration Rules using the negative Statutory Instrument procedure, which means that it will become law automatically (without a vote in either House), unless one of the two Houses passes a motion against the Statutory Instrument making the change.

The Commons do not vote against government SIs (because the government have a built-in majority) and the Lords do it very rarely (7-8 times since WWII). So it is highly unlikely to be debated in either House.

At the most, we can hope for a "Take Note" motion (which will allow MPs to talk on, but not vote on) on the matter, but that would require MPs from both parties or across multiple parties including the Tories to put forward a motion to the BackBench Business Committee. Again, that will not stop the increase from taking effect.

Labour have also announced that they will back the government if it needs to be voted on.

So it is certain to become law if the government is insistent on it.

Just want to know if this will affect his situation given that we have been planning for the wedding for a while?

The time spent in the planning stage is irrelevant.

In the past, the general rule that I have observed is that the person would normally be covered by the rules in force when they were granted their first visa to the UK.

If the duration of the visa requirements or details like that had changed, then the applicant would likely have been protected, as those who were on the pre July 2012 spousal visas were. That required a single visa of only 2 years before ILR and then naturalisation (assuming that they were married to a British citizen).

But I doubt that that applies to either thresholds or fees. You'd have to meet the threshold requirements and pay the fees in effect on the date of the relevant application.

While I was on my immigration journey, there was a (at that time, for me, massive) increase in the threshold of about £6000 from memory. Thankfully, I was single and on a Tier 1 General visa, which allowed me to combine a salary across multiple jobs. I was able to get another job for the weekends and managed to scrape through by just ~£300 over the increased threshold. That part of the journey is seared into my head. And I still have all the paperwork from that time.

Also, we do not have sight of the proposed rules. They have not been published yet and are likely still being written. It is only a policy statement so far and the details are likely still being fleshed out.

We have no more information than you have seen in the media.
This hasn't been laid before parliament and no guidance document has been changed.

Thanks for clarifying that alterhase, but the press release from Gov.UK are actually saying this new rule will start from January 2024. Not even sure when they sit in the parliament next to speak regarding this. Would be interesting to see how many MPs show for this case.

Cleverly said that from the spring of 2024, no specific month mentioned.

Are you referring to the last paragraph of this press release?

"Earlier this year, the government announced a package of measures to cut the number of student visas being issued. This included removing the right for international students to bring dependants unless they are on postgraduate research courses and removing the ability for international students to switch on to work routes before their studies are completed. This will come into force for courses starting in January 2024."

That clearly applies to the start date of courses eligible to sponsor for student visas.

[Frontier Mole]

There is opposition from certain groups about the spouse visa being increased to the level suggested. It is seen as a hurdle for U.K. citizens being married to overseas nationals. It is not a done deal … yet.
The limit for dependent visas for the student and work routes is a certain done deal though.

[secret.simon]

There is opposition from certain groups about the spouse visa being increased to the level suggested. It is seen as a hurdle for U.K. citizens being married to overseas nationals. It is not a done deal … yet.

Oh, I fully expect it to be rowed back partially at least.

It is not sustainable (in terms of lost visa application fees) and not workable (in terms of attracting the migrants that the UK does want to attract).

It is already practically impossible to bring one's extended family (parents, etc). Setting the threshold this high would make bringing spouses to the UK impossible as well. Why would a highly skilled migrant move to the UK if it means being lonely in spite of having a family?

I think the government may have floated the amount to see the reaction it would get and then would "generously" reduce the amount to a more workable amount.

[Frontier Mole]

Skilled worker route would still be bringing a spouse in all bar the heath care route, as they have to earn the threshold to start with.

But the additional cost for child dependents - I have not seen any mention of that. I am imagining that will be a matched rise. If that is the case, it will only be the upper pay ranges that can achieve that.

Looking at the post rise costs and pay requirements it will be a fantastic amount of pay required and a small fortune to have the nuclear family migrate.

[AmazonianX]

There is opposition from certain groups about the spouse visa being increased to the level suggested. It is seen as a hurdle for U.K. citizens being married to overseas nationals. It is not a done deal … yet.

Oh, I fully expect it to be rowed back partially at least.

It is not sustainable (in terms of lost visa application fees) and not workable (in terms of attracting the migrants that the UK does want to attract).

It is already practically impossible to bring one's extended family (parents, etc). Setting the threshold this high would make bringing spouses to the UK impossible as well. Why would a highly skilled migrant move to the UK if it means being lonely in spite of having a family?

I think the government may have floated the amount to see the reaction it would get and then would "generously" reduce the amount to a more workable amount.

This was my thought;, it won't be reduced based on opposition from Labour (as immigration is a sticking point with elections so close), reaction from the citizens, society and civil organisations only can bring the downward review. BC has less right as citizens already and now you got to check your pocket and their nationality first before you love.

[Ticktack]

Are you referring to the last paragraph of this press release?

I'm talking about him saying this verbatim in the house.

https://news.sky.com/story/tougher-visa ... t-13022936