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  1. #41
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    Do we know if they are still means testing income? I,e you still need to have X amount of £'s per week ontop of you essential outgoings as well as meeting the income requirement of £18k or as long as you meet the minimum income it dont matter what your out goings are?

  2. #42
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    And that's the perversity....

    You could have an income of £18,600, be mortgaged up to the hilt and owe 50k on credit cards, yet your wife would meet the requirements of the new Rules, whereas someone whose sponsor pays no mortgage/rent, has no debt, and who has an income of £18599, would fail.

  3. #43
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    Quote Originally Posted by Merseymike View Post
    And that's the perversity....

    You could have an income of £18,600, be mortgaged up to the hilt and owe 50k on credit cards, yet your wife would meet the requirements of the new Rules, whereas someone whose sponsor pays no mortgage/rent, has no debt, and who has an income of £18599, would fail.
    So there is no longer a requirement to have X amount free?

  4. #44
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    Even currently, there is no objective measure of the level of income/savings the applicant and sponsor must have for a settlement visa application to be successful. At the moment it's assessed by reference to KA, and circumstances might differ on a case-by-case basis.

    There are currently no absolutes, which is where the proposed new Rules differ.

  5. #45

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    Quote Originally Posted by Merseymike View Post
    And that's the perversity....

    You could have an income of £18,600, be mortgaged up to the hilt and owe 50k on credit cards, yet your wife would meet the requirements of the new Rules, whereas someone whose sponsor pays no mortgage/rent, has no debt, and who has an income of £18599, would fail.
    Just as I said in my earlier posts, Ralph. It does seem perverse that, if I don't have a job, but I do have 62,500 in savings, then I can bring my spouse/partner. I can then spend as much of that 62,500 as I want before even having to think about finding work. If ever ! ( I know there are requirements for FLR and ILR to be met later, but that would be 30 months down the line ). But the hardworking sponsor, earning 18,599 cannot bring his dependant to the UK !

  6. #46

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    I tried to post an Excel attachment with a savings/salary ( under the new rules) calculator, but found that it is not possible to attach Excel. The actual calculation is fairly simple ( as given in the statement of intent ), but if you need, or want, the simple Excel spreadsheet calculator that I did, then PM with your email address and I will send it to you.

  7. #47
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    So your salary/income or savings are ok fine if in this bracket but the testing of your g/f or b/f or wife or husband will be the crunch and you have no control over this part of the application. (as the old system)

    colin 244

  8. #48
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    The implication seems to be that there will be 2 routes to settlement (ILR): the 5-year and 10-year. If you are on the 5-year track and fail at any point, the UKBA will then consider your circumstances in line with the requirements for the 10-year track (which will include reference to article 8 of the Human Rights Act). Once shunted into the 10-year track, that's your lot until you've done the 10 years, after which you might get ILR.

  9. #49
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    Seems that way, Colin.

    The onus looks to be on the sponsor to prove he/she is financially capable of meeting the minimum salary threshold, at least during the entry clearance stage and up to the next application for leave to remain (which looks to be when the first 33 months are up and it's time to cough up another visa application fee)

    The salary of the applicant, once in the UK and working, can be taken into account at a later date, when looking to meet the salary theshold at FLR or ILR stages.

  10. #50
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    Is that £18,600 after tax?!

    I'm 27 and I am engaged to marry in November. I earn around 23k a year before tax.

    She currently lives in the UK on a student visa, we were going to apply for settlement after our marriage.

    Oh my god.
    I feel sick.

  11. #51
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    £18,600 Gross and so your salary will be okay, though you'll need to earn more than that if you want regular holidays to Thailand, meet the cost of living here and be able to afford all the visa fees :-S

  12. #52
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    Quote Originally Posted by Tony M View Post
    toddmeister, This is part of the transitional arrangements :

    If before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person, or you have applied for this and are awaiting a decision:


    The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012 until settlement, if you qualify for it. This includes the existing maintenance requirement and a two year probationary period to settlement.
    Does this mean if you applied for a marriage settlement visa before 9th July 2012 you will only have to do the 2 year probation period? Or because she would be applying FLR after this date would she have to do the 5 year?

    Dave
    Last edited by Tobias; 15th Jun 2012 at 10:26. Reason: Corrected BBCode to display quote properly

  13. #53
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  14. #54
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    Am I correct in thinking, just out of curiosity (will read the statement of intent at the weekend) that after July 9th once the foreign spouse has entered the UK on, say, a fiancee visa, for the FLR/ILR stages the income of both applicant AND sponsor (UK Citizen) will be considered when making a decision on the application.

    E.G. Sponsor earns £19,000 when spouse applies for entry clearance, visa granted no problem.
    After wife enters the UK sponsor is made redundant but finds another job paying £16,000 (not enough alone to meet the criteria at FLR/ILR).
    However at the same time wife finds a job paying £13,000, combined gross salary of £29,000. Would the FLR/ILR visa be granted because the combined salary is above the threshold?

    Cheers for any replies.

  15. #55
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    Quote Originally Posted by ddave View Post
    Does this mean if you applied for a marriage settlement visa before 9th July 2012 you will only have to do the 2 year probation period? Or because she would be applying FLR after this date would she have to do the 5 year?
    Provided the application was actually submitted by 8 July then the old rules apply - 2 year probationary and the old financial test. However, from October 2013 the applicant would have to have passed the Life in the UK Test as well as an English speaking and listening test at level B1 in order to obtain ILR and (presumably) Naturalisation.
    Tobias - โทเบียส
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  16. #56
    Member สมาชิก ddave's Avatar
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    We submitted the fiance visa 23rd may, I was just worried that the actual settlement part wouldn't start until after this when we apply for further leave to remain, so all is good if we only have to do the 2 years, save some cash too. Glad i pulled my finger out and got it done before these changes

    Cheers guys
    Dave

    - - - Updated - - -

    The B1 speaking and listening requirements, are these graded seperate?? As my girlfriends certs show reading and listening are graded together to make an average.
    She got overall A2 for this, with 31 for listening (which i believe is level B1) and 26 for reading (which is A2) giving an average of 29 which is A2.
    She got A1 for writing which i believe she is really good at, better than some of my friends in fact
    She also got level A2 for speaking.
    I thought with these results an average overall would have been A2 but they were A1. Why is this? Also if she has A2 for speaking and what looks like a B1 score for listening she shouldn't be far off.
    Why do they grade listening and reading together if the are only looking for speaking and listening? do you need to get the reading score high to bring the listening score up?
    All a bit messy isn't it

    Cheers dave
    .

  17. #57
    Veteran ผู้มีประสบการณ์ toddmeister's Avatar
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    so all is good if we only have to do the 2 years, save some cash too
    and start studying for the LITUK test, sooner the better

    Steve

  18. #58
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    Quote Originally Posted by Gavva View Post
    Am I correct in thinking, just out of curiosity (will read the statement of intent at the weekend) that after July 9th once the foreign spouse has entered the UK on, say, a fiancee visa, for the FLR/ILR stages the income of both applicant AND sponsor (UK Citizen) will be considered when making a decision on the application.

    E.G. Sponsor earns £19,000 when spouse applies for entry clearance, visa granted no problem.
    After wife enters the UK sponsor is made redundant but finds another job paying £16,000 (not enough alone to meet the criteria at FLR/ILR).
    However at the same time wife finds a job paying £13,000, combined gross salary of £29,000. Would the FLR/ILR visa be granted because the combined salary is above the threshold?

    Cheers for any replies.
    Yes, that's correct. Income is the joint gross income (and/or savings/investments) of both sponsor and applicant added together.
    Tobias - โทเบียส
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  19. #59
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    What if dil doesnt pass one of the tests and has to apply for flr in 2 years.although financial status up until settlemen now is old rules will the new rules be applied if she cant get ilr.
    Thanks

  20. #60
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    Andy, would you please start a new toipic regarding the B1 Test. This topic is for questions only relating to the changes - we need to keep this thread on topic.

    Many thanks

    Edit: Done

    New B1 English Test for UK Settlement
    Last edited by Tobias; 15th Jun 2012 at 16:15.
    Tobias - โทเบียส
    It’s better to be 6 feet apart than to be 6 feet under.

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