Before you permanently move to the US

[Rebecca Jo 1,962]

And, those of you who have a former grant of ILR might be interested in this report:

http://talk.uk-yankee.com/index.php?topic=77440.0

[Rebecca Jo 1,962]

Start at 17:34 in the video link below for today's Motion of Regret regards the Rules, as debated in the House of Lords.

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=11559

The awesome Lord Avebury at 18:08.

Edited October 24, 2012 by Rebecca Jo

[Trompe le Monde 1,107]

They can make it difficult for a British citizen to bring their non-UKC spouse over but they can't stop this

http://www.telegraph.co.uk/news/uknews/immigration/9670141/Britain-powerless-to-stop-tens-of-thousands-of-Bulgarians-and-Romanians-moving-to-UK-next-year-Theresa-May-admits.html

[TracyTN 237]

Geez

[elmcitymaven 9,712]

Wow, Bruce and I were having a conversation about this last week, along the lines of "Well, they haven't let the Bulgarians and Romanians have right of settlement yet." And then we larfed because we both couldn't imagine that happening any time soon.

[Rebecca Jo 1,962]

A development on this issue that may or may not bear fruit.

http://www.appgmigration.org.uk/family-inquiry

A group of cross-party MPs and peers have joined forces today to launch an inquiry into the impacts of new rules on family migration.

The inquiry, coordinated by the All Party Parliamentary Group on Migration and chaired by Shadow Equalities Minister Kate Green MP, will explore the impacts of rules which came into force in July 2012. The rule changes have made it more difficult to bring close family members to the UK from outside the European Economic Area (EEA).

In particular, the inquiry will look at the new requirement that people wishing to sponsor spouses and partners from outside the (EEA) show minimum earnings of £18,600 per year. The government estimates that thousands of families where one person is a British citizen or settled here will be prevented from being reunited in the UK every year as a result.

Kate Green MP, the chair of the family inquiry said: “It's important for the government to manage family migration fairly. The inquiry's aim is to review current policy on family reunification by understanding the real-life impact that the recent changes have had on individuals across the country. We will consider how far the changes could hamper policies that promote family life in the UK, which is an essential element of strong and integrated communities. The cross-party group will, in particular, look into the impact the new immigration rules have had on spouses and children since July 2012.”

[Rebecca Jo 1,962]

There are often debates on visajourney regarding the hiring of an attorney for your case.

Let me just say that the advice of a UK solicitor can be very helpful in wading through these new rules.

We spoke to a highly recommended solicitor today via Skype conferencing. We got some good news regarding our situation. So - if you're feeling "screwed" - don't give up hope.

[Justine+David 218]

What kind of good news did the solicitor give you? (if it's not too personal)

[Rebecca Jo 1,962]

What kind of good news did the solicitor give you? (if it's not too personal)

Well, it all depends on each situation. We've always said on here that every case is different, right? Some of what applies to us, might not apply to others.

Since my husband is from Northern Ireland, the solicitor feels there is a dual residency issue. So EU law could help us out. Also, due to my husband's deteriorating medical condition, we could plead compassionate circumstances derived from Article 8 of EU law.

One thing I didn't quite understand was something he said about domestic law, and "the old test applies". Meagon might understand more of what this means.

I know our case would be different than that of many others. But the health issue is a trump card that our solicitor feels may be applied to our advantage. I posted this in case that same card might apply to others returning home to - say for instance - help look after an aging parent.

[Rebecca Jo 1,962]

And in that vein......(sort of)

http://www.bbc.co.uk/news/uk-20207357

[elmcitymaven 9,712]

Well, it all depends on each situation. We've always said on here that every case is different, right? Some of what applies to us, might not apply to others.

Since my husband is from Northern Ireland, the solicitor feels there is a dual residency issue. So EU law could help us out. Also, due to my husband's deteriorating medical condition, we could plead compassionate circumstances derived from Article 8 of EU law.

One thing I didn't quite understand was something he said about domestic law, and "the old test applies". Meagon might understand more of what this means.

I know our case would be different than that of many others. But the health issue is a trump card that our solicitor feels may be applied to our advantage. I posted this in case that same card might apply to others returning home to - say for instance - help look after an aging parent.

Huh, I wonder what he means about "the old test"? Unless he means the intersection between domestic law and Article 8. What was the context he said it in?

I think he may be right about EU law/dual residency, which is of course a NI specific issue. You might have two prongs to this then.

[Rebecca Jo 1,962]

Huh, I wonder what he means about "the old test"? Unless he means the intersection between domestic law and Article 8. What was the context he said it in?

I think he may be right about EU law/dual residency, which is of course a NI specific issue. You might have two prongs to this then.

Meagan, he said the approach to any application would be three pronged. I wrote it down so I wouldn't get it twisted later in my head - but as you can see that doesn't mean I quite understand it.

He said we would argue domestic law and that the old test applies. That we would argue that EU law applies as Wes would be a returning resident. And we would argue compassionate circumstance under Article 8.

Any appeals would focus on Article 8.

[TracyTN 237]

Great to hear that the MPs are going to be looking at it. I just hope it bears fruit.

Also good advice about seeking a UK solicitor - and I truly hope that consult ends up helping you and Wes, RJ. That'd be wonderful.

[* Kristin * 49]

So I'm a bit perplexed.

I've read these new rules and have followed the posts on this thread, but I'm still lost.

Me: USC

Husband: English, but in America

Once he obtains citizenship in a few years, are we able to do the whole paperwork thing to go back to the UK? I'm not sure if he would have to move first, go get a job, and THEN wait to bring me over, or if we can file from here and go together? I'm thinking it's the former...

[Boiler 45,322]

Former as I understand it.