# need help uk spouse visa income



## hanane salim (Aug 14, 2013)

Hello evry body please I wanna ask if there are someone know when is the date of the appeal in uk about the change of the income 18600 to 13400 please if someone know let me know thankyou


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## Hertsfem (Jun 19, 2013)

There is already a thread about this here...

http://www.expatforum.com/expats/br...g-uk/194633-news-abut-home-office-appeal.html


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## hanane salim (Aug 14, 2013)

thankyouuuuuuuuuuuuuuuuuuuu


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## Joppa (Sep 7, 2009)

There is no news and lowering the limit to £13,400 is pure speculation and frankly it will be the last thing Home Office will contemplate. They will appeal to the Supreme Court or even Europe before accepting such a drastic change that will undermine their immigration policy.


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## Hertsfem (Jun 19, 2013)

Well it seems to be having the desired effect, however I feel for all of those that have their applications on hold! It's the keeping families apart which I have a problem with :-(


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## Joppa (Sep 7, 2009)

Families don't have unlimited and unfettered right to be together if it means undue pressure is put on public services and UK tax payers end up paying for them to be here.


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## Hertsfem (Jun 19, 2013)

I agree with that. In fact I agree with anything that prevents foreigners claiming off the system when they have never paid a penny into it. It's just sad the children are without one of their parents for great lengths of time...


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## Joppa (Sep 7, 2009)

There is often an option for the UK parent to move to their partner's country, though many choose not to do so for economic, career, social, personal safety and lifestyle reasons.


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## Hertsfem (Jun 19, 2013)

Joppa said:


> There is often an option for the UK parent to move to their partner's country, though many choose not to do so for economic, career, social, personal safety and lifestyle reasons.



Have a heart Joppa


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## hanane salim (Aug 14, 2013)

*reply*



Joppa said:


> There is no news and lowering the limit to £13,400 is pure speculation and frankly it will be the last thing Home Office will contemplate. They will appeal to the Supreme Court or even Europe before accepting such a drastic change twhat hat will undermine their immigration policy.


What do you mean the law of 13400 never be or be more than 13400


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## Joppa (Sep 7, 2009)

That the figure of £13,400 is pure speculation (somebody just dreamed up!) and there is no factual basis whatever. Home Office has appealed against the original judgment that called into question the fairness of the financial requirement. So they intend to stick to it at all cost and will only be forced to change (lower it) when all their legal recourse is exhausted. As they can appeal to the Supreme Court and then to Europe, it can take some years.


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## hanane salim (Aug 14, 2013)

But there aren't a lot of people who can meet the income of £18600.


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## Joppa (Sep 7, 2009)

So it means fewer immigration to UK and meeting their electoral pledge of reducing it to below 100,000 a year.


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## Hertsfem (Jun 19, 2013)

So if they aim to reduce the number to 100 000 per year what has it been say the past 5 years?

Also does it mean that once they have reached 100 000 no more applications will be considered during a twelve month period?


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## Leanna (Oct 22, 2012)

Hertsfem said:


> So if they aim to reduce the number to 100 000 per year what has it been say the past 5 years?
> 
> Also does it mean that once they have reached 100 000 no more applications will be considered during a twelve month period?


No, it means that they are aiming to get net immigration under 100,000 a year, and using limits like the financial requirement is and has been an effective way of lowering applicant numbers. As was said, not everyone can meet the requirement, and as harsh as it may sound, that's the point of putting in a requirement like that.


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## Hertsfem (Jun 19, 2013)

Thanks Leanna, I do understand this completely, however what confuses me is the ease which a non EU spouse can gain a residence card via a EU member? Is this a British law or an EU law?


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## Hertsfem (Jun 19, 2013)

Does anyone have an answer to this please?


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## Leanna (Oct 22, 2012)

Hertsfem said:


> Thanks Leanna, I do understand this completely, however what confuses me is the ease which a non EU spouse can gain a residence card via a EU member? Is this a British law or an EU law?


I believe that is EU Law, something that Britain has to obey as we are part of the EU, though someone like Joppa or Jrge is probably more familiar with EU law than I am.


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## Hertsfem (Jun 19, 2013)

Thankyou Leanna...


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## nyclon (Apr 3, 2011)

Yes, it's an EU regulation. Every EU citizen has the right to live and work in every other EU country and they can bring their spouses. The UK can't refuse EU citizens and their spouses. So, the UK can't control the number of EU citizens who enter the UK but it can make it's own immigration policy to regulate non-EU citizens who wish to obtain visas.


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## Hertsfem (Jun 19, 2013)

So it's easier to get into UK if you are the non EU spouse of a non British citizen that if you are the non EU spouse of a UK citizen!...........crazy stuff :-(


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## Joppa (Sep 7, 2009)

Hertsfem said:


> So it's easier to get into UK if you are the non EU spouse of a non British citizen that if you are the non EU spouse of a UK citizen!...........crazy stuff :-(


Not really. Quite logical. 
EU freedom of labour means a national of a member country has the same right as local worker to live and get a job anywhere within the Union. And if they have family members, spouse etc, in order to preserve the EU national's right, they too should have the derived right of freedom, otherwise EU national will be unable to exercise their entitlement.
Now, you cannot be deemed to be exercising treaty right in the country you are a citizen of, because that right comes from your citizenship and not dependent on your country being part of EU. So when a UK citizen wants to bring their non-EU family members, they have to meet the requirements of UK domestic immigration rules.
There are a few exceptions, such as Surinder Singh provision whereby a EU citizen who has worked in another member state with their non-EU family members has the right to bring them into their own country. Because if there is no such right, EU national will be reluctant to take a job abroad if they cannot bring their family back, thereby restricting their choice.


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## hanane salim (Aug 14, 2013)

Joppa said:


> That the figure of £13,400 is pure speculation (somebody just dreamed up!) and there is no factual basis whatever. Home Office has appealed against the original judgment that called into question the fairness of the financial requirement. So they intend to stick to it at all cost and will only be forced to change (lower it) when all their legal recourse is exhausted. As they can appeal to the Supreme Court and then to Europe, it can take some years.


 the number of 13.400 i saw it in news not in my mind and someone said on 9 sptember the cout decide this is my facebook plz add me 
https://www.facebook.com/xxxxxx


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## Joppa (Sep 7, 2009)

Still a speculation!


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## tabagirl (Jan 14, 2010)

Hi

My son and his wife(venezuelen) have just received a letter stating that their application for spouse visa has been refused. This has taken just over a year and they will have been married for 2 years this February 2014. She has lived here since the age of 16 - she is now 22 and during that time has worked and contributed to the english economy. So why does my son who is a british-born citizen now have to consider leaving his country of birth in order to not be separated from his wife?


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## Hertsfem (Jun 19, 2013)

You don't mention why the visa was refused?


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## tabagirl (Jan 14, 2010)

Hi Hertsfem

No reason given!!!


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## Joppa (Sep 7, 2009)

When they get their documents back, there should be a rejection letter setting out precise grounds for refusal, and their right of appeal.


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## hanane salim (Aug 14, 2013)

hello on monday 9 sptember there are a debate about the change of income


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## hanane salim (Aug 14, 2013)

Hello is there anyone know what happend on the debate


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## Joppa (Sep 7, 2009)

There was an adjournment debate late on Monday raised by Andrew Perry, Conservative MP for Brigg and Goole about Spouse Visa. You can read the Hansard minutes at House of Commons Hansard Debates for 09 Sep 2013 (pt 0004) (towards the end under Spouse Visa).
No new announcements, but interestingly the Minister for Immigration, Mark Harper, has said they are introducing some minor changes to evidentiary requirement, including allowing electronic bank statement, proceeds from house sale being counted as savings without the mandatory 6 months in a cash account, and allowing on-target earnings for UK sponsor returning. They are currently discussing whether to allow job offer in UK to non-EEA partner. The government has no intention to lower the £18,600 income requirement. While regional variations have been discussed, the idea is too complicated to implement it, esp as there are no such variations in the level of benefits.
Full details of changes to be introduced in October in http://www.ukba.homeoffice.gov.uk/s...tatementsofchanges/2013/hc628.pdf?view=Binary


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## Hertsfem (Jun 19, 2013)

It will be interesting to see how the possibility of a job offer would be implemented! I wonder if the job would have to be on the shortage list and even if it was not surely no prospective employer is going to wait the 6 months for the sponsors pay slips and bank statements. Unless of course they do away with that...


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## Joppa (Sep 7, 2009)

What they are thinking about is allowing a job offer 'subject to settlement visa being granted'. Home Office fears there may be scams and dishonesty in applicant's job offer, so even greater scrutiny and evidential requirement is expected.


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## hanane salim (Aug 14, 2013)

thankyou joppa my English is not good but I read it with help of the dictonary I think the income is not change now I have 3 freind on hold only about income may be it will take several month id they are a good result


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## Steve R (Sep 15, 2013)

Joppa said:


> Not really. Quite logical.
> EU freedom of labour means a national of a member country has the same right as local worker to live and get a job anywhere within the Union. And if they have family members, spouse etc, in order to preserve the EU national's right, they too should have the derived right of freedom, otherwise EU national will be unable to exercise their entitlement.
> Now, you cannot be deemed to be exercising treaty right in the country you are a citizen of, because that right comes from your citizenship and not dependent on your country being part of EU. So when a UK citizen wants to bring their non-EU family members, they have to meet the requirements of UK domestic immigration rules.
> There are a few exceptions, such as Surinder Singh provision whereby a EU citizen who has worked in another member state with their non-EU family members has the right to bring them into their own country. Because if there is no such right, EU national will be reluctant to take a job abroad if they cannot bring their family back, thereby restricting their choice.


So if I meet up in, say Spain, with my Filipina girlfriend and marry her there and get a job in a bar for a few weeks/months, we can come back to England without having to meet any income requirements...sorted


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## Hertsfem (Jun 19, 2013)

To get married in Spain is far from straight forward and if you can get a bar job with a contract with the high percentage of unemployment then you will be doing extreemly well....


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## Joppa (Sep 7, 2009)

You can marry in Gibraltar - much simpler with no residence requirement.
Getting a job in Spain is a toughie, as it has to be a proper job and not cash-in-hand, with contract, taxes paid and so on.


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## wannabe-uk (May 6, 2013)

Joppa said:


> What they are thinking about is allowing a job offer 'subject to settlement visa being granted'. Home Office fears there may be scams and dishonesty in applicant's job offer, so even greater scrutiny and evidential requirement is expected.


I can see lots of that happening.


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## Steve R (Sep 15, 2013)

Joppa said:


> You can marry in Gibraltar - much simpler with no residence requirement.
> Getting a job in Spain is a toughie, as it has to be a proper job and not cash-in-hand, with contract, taxes paid and so on.


Thanks for the advice Joppa..my income is about £17500 p.a. with overtime, they will be stopping overtime though at some indeterminate point in the near future, possibly as soon as next April, which will take my income down to around £15,000, so I'm a fair ways off the requirement of £18,600. From what information I've gleaned from this and other forums, I can only think of two options for me. Either sell my house early next year, when I have paid off the mortgage, to use as savings to combine with my income (a bit drastic, it's my home), or rent somewhere else and then rent out my house and use the rental income to offset my rental payments on the new place and also to show extra income to make up the shortfall. Also a bit drastic and it wouldnt be my choice but If it's the only way
So this is an interesting new choice to consider. I will definitely look into it and any further advice you can give would be really appreciated. Not really sure where to start looking for the info and get the fine details..how long do I have to be employed in Gibraltar for instance before I can bring my then wife back with me?


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## Steve R (Sep 15, 2013)

My girlfriend by the way, has a masters degree in business admin from a prestigious Philippine university and could probably walk into a highly paid job here in no time at all, earning twice as much as i do and although paying taxes would not be entitled to NHS or any other sort of help, as far as I know, so it's really a win win situation for the government but I don't think that counts for anything under the existing rules..she'll be treated the same as someone in the past, whos only interest is in coming here to get the benefits of our system without neccessarily contributing. I guess I'll just have to wait to see if there's any further way in through any rule changes but I think she would have to have a pre-existing job offer (not easy for genuine job offers but easy for people to find a dishonest way round it like you say) for that to work so I don't think it will make any difference to our situation.


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