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  1. #101
    Banned Tribal Fusion's Avatar
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    Or her wages plus any benefits that the sponsor is receiving if they are unemployed?

  2. #102
    Moderator richardb's Avatar
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    THe OGN ( wich is interpretation of the Rule and not the Rule itself)

    https://docs.google.com/viewer?a=v&p...jYWwBNgE&pli=1


    Richard

    http://www.ukba.homeoffice.gov.uk/si...Is/chp8-annex/

    FM1.7 and FM1.7a are the relevant bits Thanks Gary
    Last edited by richardb; 18th Jul 2012 at 10:46. Reason: Dead Link
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  3. #103
    Premium Member Gary & Nok's Avatar
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    Richard, the link only comes up with the comment below. Can anybody look at you Google docs?:
    Sorry, we were unable to find the document at the original source. Verify that the document still exists.

    Sorted thank you see new link above
    Last edited by richardb; 18th Jul 2012 at 13:35.
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  4. #104
    Moderator richardb's Avatar
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    From another post but of general relevance

    I would not chance my arm at guessing what is in the mind of the drafters nor how this will play out.

    By way of example
    http://www.ukba.homeoffice.gov.uk/po...ers/exception/

    On a literal reading of b EX.1.

    "This paragraph applies if
    (b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK"

    If there is an insumountable obstacle to The Sponsor living in Thailand none of those financial rules apply at all!!!!!!!

    ILPA issued the following guidance in these terms to members:

    "As to presenting an application after 9 July the approach is:


    • Do I fit within the rules and guidance?
    • If not, do I fit within the rules and can I rely on Pankina?
    • If not, do I fit within the exception to the rules at EX1?
    • If not, do I fit within Article 8 of the European Convention on Human Rights as interpreted by Strasbourg and the domestic courts. As it was succinctly put at the meeting – if you think that after 9 July Article 8 means what the immigration rules say it means and no more, you should not be practising in this area"



    Richard
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  5. #105
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    Dear all ,

    May I ask some help please.If my partner start work next month and can reach the income requirement.When can I be able to apply for Settlement Visa? do I need to wait until 6 months pass?

    Thanks and Regards,

    Atchara

  6. #106
    Moderator richardb's Avatar
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    Dear Archara,
    I think it is premature to advise you this week as the rules may be subject to challenge or various interpretations. In a week or two the rules may be a bit clearer . Can you please post back in a couple of weeks to remind us to give you an answer then. All the best Richard
    It takes courage to grow up and turn out to be who you really are

  7. #107
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    I noticed in the new guidelines that if a sponsor has previously sponsored a different applicant, the application will be looked at more closely, possibly why the sponsor has sponsered and why he is with a different partner.

    My firend had sponsored a Thai lady about 5 years a go, but this was a visit visa, they split up just over 1 year a go, would the application be looked at more closely now?

    Also the applicant has been married before, divorced now, the applicant was married to an Iranian man, although they have divorced for about 2 years, would this have bearing on a settlement application?

  8. #108
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    We do not inherit the Earth from our ancestors; we borrow it from our children.

  9. #109
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    does that mean The new rules is effective now?


    [MODERATOR EDIT: The content of this post has been edited to remove the unnecessary quote of the entire previous post. Please see this topic for more information regarding use of the 'Quote' feature when posting in the forums. Thank you for your cooperation.]
    Last edited by Tobias; 22nd Jul 2012 at 16:45.

  10. #110
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    hi guys
    I am currently staying in thailand with my fiance and two children. I return home in september and continue employment with the agency who i have been with for the last 5 years.
    my fiance has been to the uk on two occations with a tourist visa. my son who was born in thailand has his british passport and my daughter was born in the uk last year. (costing us £2300!)
    our plan is to apply for my fiance's fiance visa early next year after i have etablished full time employment and built up some finance in my bank.

    But the new rules, reference a minimum annual wage have made this completely impossible for me as my wages as an unskilled worker are greatly below this and £16000 savings again is an impossability.
    ultimatly my question is will they take into consideration our two children. because as iv said the finances they require are impossible. this would mean seeing my family would be very limited witch is no good for us or our children.

    Any advise would be greatly appriciated (maybe a human rights issue?)
    many thanks best regards mark

  11. #111
    Serial Poster ผู้โพสต์ต่อเนื่อง colin244's Avatar
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    No idea mate as the rules are very new to all but maybe one of the visa experts will come along and answer better than me but good luck anyway.

    colin 244

  12. #112
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    cheers colin
    It was a bit of a panic question after finding out the new regs that day ref annual earnings!
    after searching more theads on here it seems in my situation ref my two kids,
    We would qualify for the exemption rule, if not it's game over basically.
    mark

  13. #113
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    Mark, unfortunately you will have to meet the financial requirements. The fact that you have two British children does not mean that your wife/girlfriend is exempt.
    Last edited by Tobias; 22nd Aug 2012 at 09:01. Reason: Removed multiple posts caused by software malfunction

  14. #114
    Premium Member KhunIanB-UK's Avatar
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    Could this also have the opposite effect on what Mark was hoping, would he have to qualify under higher income than £18,600 as there are 2 children?
    Last edited by Tobias; 22nd Aug 2012 at 09:01. Reason: Removed multiple posts caused by software malfunction

  15. #115
    Premium Member Gary & Nok's Avatar
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    Blimey, has the Forum gone mad with all these repeats of posts!
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  16. #116
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    If the children are British, and the OP says they are, then they don't enter the financial equation at all.

  17. #117
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    obviously the human rights issue is my only hope then?
    I leave my fiance and kids in one month now just before there birthdays and christmas!! so as to start work build my finances up and apply for settlement visa janurary 2013.
    With this financial barrier in place, the goverment are keeping my family apart worse than a prision sentence!
    I'l keep plugging away and dig up any info I can.
    gary nok if you can point me to another link ref my point, please advise.
    thanks all
    mark

  18. #118
    Premium Member Gary & Nok's Avatar
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    Mark, I hope I am wrong in saying this but I think the Human Rights angle will not be an option.
    The UK Government are not keeping you apart, they are (or will) just be stopping your fiancée from coming to the UK as you as sponsor would not be able to meet the new conditions.
    I think the argument would be that you could go and live there if you wanted too so there is no Human Rights question to answer.

    I hope I am wrong Mark, perhaps the legal bods can throw a bit more light on that aspect for you than I can.
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  19. #119
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    cheers for you reply gary&nok
    Im a month late in my reply as im now back in the uk alone and missing my kids and fiance very much!!
    I agree with what you say about the human rights issue indeed we can be together its just in doing so I have to return to the uk and work for at least 6 months to be able to return and live in thailand with some comfort.
    But after we realised we had a second child on the way 18 months ago we made the decision that relocating to the uk was something we wanted to do for the sake of our family in being together perminent.
    my fiance has already visited the uk on two occasions both for the full 6 month max stay, she is employable as am I, there are many factors which im sure will help our application, but the one thing that will basically prevent me from giving my family the best life possible are the financial requirments.
    my next move will be an immigration advisior/solicitor as of course I need to be 100% sure before the very expensive application fees etc.
    best regards mark

  20. #120
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    Good luck Mark, I hope you can find employment and hit the new financial requirements, I am in a simular predicament ,I am getting maried to a Thai lady in december and want her to come and join me here ,I am self employed and the new rules are causing me great difficulties , I have some savings and also income from a property i let out , but as i am self employed i cannot add these together ,so i fall well short of the new rules . I have been going around in circles with all this , scouring the net for more info , I even resorted to ringing an imigration law firm in london today paying £20 for 30 mins advice , to be told what i already know , I dont know what i expected from them ,but I was at a totaly new low this morning and was clutchng at straws .

    It seems the only way is to hit the earnings limit and (then all the other language ,etc stuff). I am hoping if the new regs get challanged in the european court maybe it will change ?

    I have real sympothy with you , good luck !

    - - - Updated - - -

    Sorry I forgott to mention the Law company seemed to be suggesting that maybe i go down the article 8 exceptional circustances route ,as to reasons i could not live in Thailand with her , ie I had a dissability or was afraid of living there for some reason , all sounded very dodgy to me , My guess was he was fishing for business in putting a case together without any real hope of it being succsefull , but costing me , and they earn a nice wage . errrr Thanks but no thanks .

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