New Regulations for Those Wanting to Return to the UK

[yuna628 9,671]

Over the years there's been many persons on this forum that have inquired about returning to the UK with their American spouses and children. There has always been visa requirements involved with that, which included financial requirements that for some, were too great. Based on yesterday's announcement by the UK government, they intend to increase that burden further.

 

The old rules required that the UK citizen and only the UK citizen had a UK job and guarantied salary held for six months or more of £18,600 (roughly $23,000), or a large sum of savings of £62,500. This amount increased with each non-UK citizen child.

 

As of yesterday and becoming effective in spring 2024, these guarantied salary amount will be increased to £38,700 (roughly $48,800). No doubt that means the amount for savings and for any additional child will also increase. If the math works out that would increase to £112,000 in savings. No joint sponsors or joint income may be used.

 

There is also price rises in the visa fees itself, as well as significant increase to the amount you would have to pay each year under the health immigration surcharge.

 

This was a part of additional changes and measures which will negatively affect legal immigration to the UK. This post is just for informative purposes. I've had numerous discussions with UK-based lawyers and legal immigration support organizers. I'm sure that everyone will have a variety of thoughts on it. There may be legal challenges to come and things could theoretically change in a new election. My advice is always: make sure you have your UK citizen spouse's status settled here first, before thinking of uprooting yourselves and be aware that the UK's requirements are a lot harsher than the US.

 

For more information:  https://news.sky.com/story/tougher-visa-rules-for-foreign-workers-including-ban-on-bringing-families-and-raising-minimum-salary-requirement-13022936

 

https://freemovement.org.uk/government-attack-on-families-as-minimum-income-requirement-to-rise-to-38700/

 

https://kittyfallsimmigrationlaw.com/2023/12/05/partner-visa-minimum-income-requirement-is-going-up/

[Boiler 45,467]

Well I am assuming the Tories have zero chance of winning next time out, I hardly ever say zero but what would have to happen to have any chance seems so unlikely that I am going to go with it now.

 

Labour have said they will reduce legal immigration by 2/3rds, now whether this is electioneering or they actually mean it I do not now.

 

I personally think that getting a grip was 50 years ago, quite what the future brings well.

 

We live in interesting times.

Edited December 5, 2023 by Boiler

[yuna628 9,671]

13 minutes ago, Boiler said:

Well I am assuming the Tories have zero chance of winning next time out, I hardly ever say zero but what would have to happen to have any chance seems so unlikely that I am going to go with it now.

 

Labour have said they will reduce legal immigration by 2/3rds, now whether this is electioneering or they actually mean it I do not now.

 

I personally think that getting a grip was 50 years ago, quite what the future brings well.

 

We live in interesting times.

Indeed we do.

 

I have seen a rough estimate of only 65k couples returning to the UK last year - to utilize a further reduction of that seems a bit odd to me. These are after all, persons coming there legally when the requirements were still fairly strict. Some estimates have shown that an extremely large number of the British public, even those considered making a decent living in the UK, would no longer be able to bring spouse and children under the new rules. I have noticed more than a few conservative names getting angry about this, when they suddenly realize who might be affected and complaining that British citizens with foreign spouses should have more rights compared to other immigrants. Some have said this is a nonsense rule that surely they'll change - I doubt this very much.

 

Suppose we'll see. 

[Boiler 45,467]

This is nothing new, they will not address the actual issue as it is politically impossible so the 65,000 get swept into the overall issue.

 

Labour will not either.

 

https://www.theguardian.com/world/2023/dec/05/families-face-being-split-up-by-uk-plan-to-cut-legal-migration-lawyers-say

 

Data suggests this could make it impossible for between 60 and 70% of workers to bring their family into the UK.

Madeleine Sumption, the director of the Migration Observatory at the University of Oxford, said: “This is definitely completely different to what any other high income country does.”

Under the new rules, someone will be able to bring a family member into the country if they earn £38,700 year. If the partner is already in the UK, both people’s incomes will be taken into account.

If someone does not qualify under those rules, they will still be allowed to bring in family members if they have sufficient savings. Under current rules that figure is £62,500, but the government is consulting over whether to increase it.

[AndiB 677]

May I ask how they calculate what savings are required to cover for income? I have family potentially affected and it wasn't obvious form website how income substitution is calculated

[Boiler 45,467]

Early days but I read that the capital amount has not been changed, well yet, I had assumed they were linked but it seems not.

[AndiB 677]

7 minutes ago, Boiler said:

Early days but I read that the capital amount has not been changed, well yet, I had assumed they were linked but it seems not.

yeah I tried to work backwards and it doesn't seem to be a multiple of the salary req so it doesn't seem linked? It must be a value they came up with as 'liveable' 

[Boiler 45,467]

13 minutes ago, AndiB said:

yeah I tried to work backwards and it doesn't seem to be a multiple of the salary req so it doesn't seem linked? It must be a value they came up with as 'liveable' 

 

I do not know the history.  I tend not to subscribe logic to such situations, now I know why not that it matters.

[yuna628 9,671]

17 minutes ago, AndiB said:

yeah I tried to work backwards and it doesn't seem to be a multiple of the salary req so it doesn't seem linked? It must be a value they came up with as 'liveable' 

It is an arbitrary value they just came up with it seems.

 

 

I also wanted to inform as an addition to the first post that the UK government has clarified this evening in some articles that this new threshold will indeed apply to those spouse already in the UK that arrived under the old threshold and in the middle of the multi-year immigration process. If their UK spouse is not making the new sum by spring they will likely need to self deport.

[AndiB 677]

1 minute ago, yuna628 said:

It is an arbitrary value they just came up with it seems.

 

 

I also wanted to inform as an addition to the first post that the UK government has clarified this evening in some articles that this new threshold will indeed apply to those spouse already in the UK that arrived under the old threshold and in the middle of the multi-year immigration process. If their UK spouse is not making the new sum by spring they will likely need to self deport.

that's cruel! My aunt and uncle are mid process and thankfully will renew before but jfc

[AndiB 677]

4 minutes ago, yuna628 said:

It is an arbitrary value they just came up with it seems.

 

 

I also wanted to inform as an addition to the first post that the UK government has clarified this evening in some articles that this new threshold will indeed apply to those spouse already in the UK that arrived under the old threshold and in the middle of the multi-year immigration process. If their UK spouse is not making the new sum by spring they will likely need to self deport.

could you provide a source please? I'ms truggling to find it

[yuna628 9,671]

7 minutes ago, AndiB said:

could you provide a source please? I'ms truggling to find it

 

The Independent as of 2hrs ago. Absolutely renew as soon as possible before these changes come down.

 

https://www.independent.co.uk/news/uk/politics/foreign-spouse-migration-crackdown-earn-b2458988.html

 

Quote

Brits could see their foreign partners told to leave the country the next time their visa comes up for renewal – if their household does not earn £38,700, No 10 said.

 

The move is part of plans to cut net migration after it soared to nearly three-quarters of a million in 2022.

 

Experts, however, warned the planned crackdown was causing distress for many.

Downing Street defended the policy, saying it was right that “if you are bringing someone into the country you are able to support them”.

 

Under the plans unveiled on Monday those wishing to bring their spouse to the UK will now have to earn £38,700, a significant increase on the current figure of £18,600, and what has been described as a tax on love.

Former Tory minister Gavin Barwell said it was “both morally wrong and unconservative to say that only the wealthiest can fall in love, marry someone and then bring them to the UK”.

As well as applying to those yet to come to the UK, No 10 confirmed the new higher figure risks affecting those already here.

 

Asked if it would apply to partners when they came to renew their visas, No 10 said the change was “not retrospective, but it would apply to renewals in the future”.

 

Edited December 6, 2023 by yuna628

[AndiB 677]

4 minutes ago, yuna628 said:

 

The Independent as of 2hrs ago. Absolutely renew as soon as possible before these changes come down.

 

https://www.independent.co.uk/news/uk/politics/foreign-spouse-migration-crackdown-earn-b2458988.html

 

 

thank you

[BLC 112]

The average person in the UK doesn’t even make that salary. I was quite disgusted when I read about this originally and seems like a very unfair jump. 
 

not to mention they won’t bother to try to reduce immigration where the UK sees tons of influx. Rather, they try to stop families from being together legally. 

Edited December 6, 2023 by BLC
Typo

[yuna628 9,671]

Analysis from the Migration Observatory, with breakdown from the economic perspective of things: very clear that these rules will actually punish British citizens in a nonsensical way.

 

https://migrationobservatory.ox.ac.uk/resources/commentaries/how-will-new-salary-thresholds-affect-uk-migration/