New Immigration Rules For People Residing In UK

Every year on the 5th of April the changes to the Immigration Rule usually come into effect. Keeping a track of all these changes can be a tough task for many. One of the major changes to the Immigration rules this year is probably in the route to settlement. From 6 April 2016, those applying for settlement as being under the Tier 2 category under the point based system and who entered Tier 2 under the rules in force from 6 April 2011 must be earning at least £35,000 per annum.  The changes will be introduced for indefinite leave to remain applications under the Tier 2 (General) visa category, and the Tier 2 (Minister of Religion) and Tier 2 (Sportsperson) visa categories.

These new rules on Tier 2 settlement will apply to anyone who entered or switched into Tier 2 category  of the Points-Based System under the rules in force from 6 April 2011 and those who do not apply for or obtain settlement will have to leave the UK on expiry of their leave and wait 12 months before they can make a new application to return under the Tier 2 category under the U.K immigration law. This £35,000 threshold will be held at that level until April 2018. But for those who will be eligible to apply for settlement from April 2018 should be aware that the threshold will be reviewed to take account of wage inflation.

Tier 2 General migrants who are working in shortage occupations and also those Tier 2 General migrants in designated ‘PhD level’ occupations will be exempt from the settlement pay threshold.  There was initially a lot of talk about the nurses being adversely affected by this change in the rules, however, as the occupation of nurses have been reinstated  on the shortage occupation list they do not have anything to worry about.

Overall, after the completion of 5 years in the country if the applicants under the Tier 2 category who are not on the shortage of occupation list and are unable to show this high income threshold then they will have no option but to return to their home country.

If you need a U.K immigration lawyer and need assistance with any aspect of UK immigration law whether from inside the U.K or from overseas, contact Shalini V Bhargava of Aschfords Law in Harrow, London. Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com.

Aschfords Law can also advise and assist with Family, Divorce and Children’s law, Wills & Probate, Landlord & Tenant, Residential and Commercial Conveyancing.

U.K Immigration Law

U.K immigration law is constantly changing. On 5th July 2013, the High Court placed a hold on decisions made on U.K spouse visa applications that failed to meet the minimum income threshold. This was due to its ruling stating that the income threshold was unjust and disproportionate. However, currently in July 2014, the Court of Appeal upheld the lawfulness of the minimum income requirement for spouses/partners with children applying in the family route, leaving much disappointed to spouses who are left apart.

Noting that ‘The policy aim behind income requirement was to safeguard the economic wellbeing of the country’, the decision was based on the case of, MM V Secretary of State for the Home Department (2014), which challenged the minimum threshold requirement for spouses  who wish to enter in the United Kingdom. Acknowledging that the Immigration laws were passed in June 2014, MP, Theresa May, wanted to ensure that the U.K immigration rules would be fairer on British Citizens, nevertheless, the case points out that were was very little act placed on spouse visas.

The outcome of the decision was led by Lord Justice Maurice Kay confirming that the policy does not create a breach of Article 8 ECHR. Lord Aikens expands this further, via his leading judgement, stating that, ‘The Secretary of State is under a common law duty not to promulgate an immigration rule that is discriminatory, manifestly unjust, made in bad faith or involves such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men.’

Further commentary has been placed on the rights of British citizens to the extent that the Immigration Act 1971 does not grant a constitutional right for them to reside in the UK with their spouse, of who are not given the right to reside in the UK.

‘There is nothing in the 1971 Act or the common law that grants a “constitutional right” of British citizens to live in the UK with non-EEA partners who do not have the right of abode in the UK and who are currently living outside the UK.’

                    

With a finalised outcome, the 4000  immigration applications that are currently on hold, will now receive a decision. Nevertheless, a possibility that the appeal being made to the Supreme Court will be held but may take many months till a decision has been made.

If you need a U.K immigration lawyer and need assistance to bring your spouse to the U.K from outside the U.K please contact Shalini V Bhargava of Aschfords Law in Harrow, London. Please contact us today on +44 (0) 7582932830 or visit our website on www.aschfordslaw.com

UK IMMIGRATION by Aschfords Law

Aschfords Law is a UK based immigration law specialist firm providing legal services to businesses and individuals. Over a period of years the UK immigration law has become complex to follow and understand. If you are seeking an experienced U.K immigration lawyer to ensure that you comply with the criteria under the UK immigration rules then contact us today. We can advise and assist with applications for UK visas, British citizenship, Appeals and any other issue you may have related to U.K immigration.

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