How Does the New Minimum Income Requirement Impact Those Wanting to Bring Non-EEA spouses to the UK?
The new minimum income requirement for permanent residents and British nationals wanting to bring non-EEA partners or spouses to the United Kingdom is £18,600. How does that affect you when you have a loved one in another country that you want to bring to live with you in the UK?
The first thing is to understand the immigration rules. The Statement of Intent in June 2012 based the changes to identify the right for private and family life when it comes to entry and stay in the United Kingdom.
The aim is also to ensure that the relationship is real and that the sponsor has the financial ability to support their partner financially. In addition to this, the rules are also to ensure the partner has the ability to integrate into British society with ease.
The effects of these new rules are separating families as the sponsor is required to work within the United Kingdom for a minimum of six months before any applications can be made to bring their family to the united Kingdom. Another thing keeping families apart, is the minimum income requirement.
The rules require a minimum income requirement, but only certain income is taken into consideration, making it exceptionally difficult for sponsors to meet the requirements within six months. Financial support from family, future income, self-employment income in the current financial year and savings are not taken into consideration.
In addition to this, the rules on how the gross income is calculated make it difficult to support a loved one and bring them to the country quickly and effectively. Where a sponsor has been working in the country for six months, the gross annual income is only calculated on the lowest point within the six months and not on the actual annual salary.
There are two tests that are put in place for salaried employment. The first looks at the income on the application date or when the person returns to the United Kingdom to work. The annual salary from future employment in the United Kingdom is taken into consideration.
Then they look at the gross income that was received in a twelve month period or at lowest level within six months. The income must meet both test thresholds in order for an application to be successful. In many cases families are forced to postpone their submissions until the income threshold can be met.
This new ruling is making it hard for British citizens to return to live in the United Kingdom with their families. The current and future income is not taken into consideration while the applicant is outside the United Kingdom. This makes it exceptionally difficult to identify if you can apply and if your application will be successful moving forward.
The new minimum income rules are complicated, they are confusing applicants and UK Border Agency staff. Evidence must be supplied and the new rules exclude thousands of applicants who can support themselves without using public funds.
There are many groups that are being affected due to their gender, age, religion and race. Women earn less than men in the United Kingdom, making it harder for women to achieve the minimum income requirements. In addition to this, if they are on maternity leave, this time will affect the annual income received, which means their partner will not be able to join them until they are back in full time employment and earning the required income amount.
Some immigration attorneys are using this discrimination as a tactic to help sponsors get their loved ones into the country until the Equality Act of 2010. If you are struggling with the minimum income requirements and your spouse or family are waiting to join you in the United Kingdom, then get some legal assistance from an experienced and knowledgeable immigration attorney.
The first thing is to understand the immigration rules. The Statement of Intent in June 2012 based the changes to identify the right for private and family life when it comes to entry and stay in the United Kingdom.
The aim is also to ensure that the relationship is real and that the sponsor has the financial ability to support their partner financially. In addition to this, the rules are also to ensure the partner has the ability to integrate into British society with ease.
The effects of these new rules are separating families as the sponsor is required to work within the United Kingdom for a minimum of six months before any applications can be made to bring their family to the united Kingdom. Another thing keeping families apart, is the minimum income requirement.
The rules require a minimum income requirement, but only certain income is taken into consideration, making it exceptionally difficult for sponsors to meet the requirements within six months. Financial support from family, future income, self-employment income in the current financial year and savings are not taken into consideration.
In addition to this, the rules on how the gross income is calculated make it difficult to support a loved one and bring them to the country quickly and effectively. Where a sponsor has been working in the country for six months, the gross annual income is only calculated on the lowest point within the six months and not on the actual annual salary.
There are two tests that are put in place for salaried employment. The first looks at the income on the application date or when the person returns to the United Kingdom to work. The annual salary from future employment in the United Kingdom is taken into consideration.
Then they look at the gross income that was received in a twelve month period or at lowest level within six months. The income must meet both test thresholds in order for an application to be successful. In many cases families are forced to postpone their submissions until the income threshold can be met.
This new ruling is making it hard for British citizens to return to live in the United Kingdom with their families. The current and future income is not taken into consideration while the applicant is outside the United Kingdom. This makes it exceptionally difficult to identify if you can apply and if your application will be successful moving forward.
The new minimum income rules are complicated, they are confusing applicants and UK Border Agency staff. Evidence must be supplied and the new rules exclude thousands of applicants who can support themselves without using public funds.
There are many groups that are being affected due to their gender, age, religion and race. Women earn less than men in the United Kingdom, making it harder for women to achieve the minimum income requirements. In addition to this, if they are on maternity leave, this time will affect the annual income received, which means their partner will not be able to join them until they are back in full time employment and earning the required income amount.
Some immigration attorneys are using this discrimination as a tactic to help sponsors get their loved ones into the country until the Equality Act of 2010. If you are struggling with the minimum income requirements and your spouse or family are waiting to join you in the United Kingdom, then get some legal assistance from an experienced and knowledgeable immigration attorney.