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New UK border rules

Here's where to discuss the practicalities and issues involved in moving back to the UK.

New UK border rules

Postby sandman » Wed 14 Nov 2012 06:56 GMT

After being an expat for over 20 years I had planned to return to life in UK in spring 2013 and assumed no problem in my Sri Lankan wife ( for 9 years) coming with me as a spouse and getting 'indefinite leave to remain' . Before 9 July 2012 she would have got immediate 'leave to remain' and within 3 years a British passport However, under new rules from July 9th 2012, not only do i have to provide a file full of evidence of our genuine marriage, I have to show an income of no less than 18,600 p a in UK, which might be hard since I am going to retire there. Added to that they won't count my pension until I have been recieving it for over 6 months ( I get it July2013) and although I can show that I have adequate savings to compensate for the shortcoming on income, they won't count my offshore fixed deposits. So I had to transfer at least 62,500 pounds into an onshore instant access ac paying less interest and deducting tax, AND I have to have it there for 6 months before we caneven apply for my wife's visa. Assuming we meet all these new strict requirements, we now have to live in UK for 5 yearsbefore getting indefinite stay and approx 6 years for the passport ! . I can see the need for immigration control but although I am a British born national, I am being subjected to the same rules as an immigrant who has recently moved to Uk and clocked up his 3 years and wants to bring his family in. I would have expected some different treatment from my home country. What happened to an Englishman's rights ? I feel humiliated and insulted by the UK Borders. If only I had known these changes were coming before July.
Have other people found any way around these new rules ?
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Postby GrahamSanRoque » Sat 29 Jun 2013 10:04 GMT

I feel for you and think the new rules are hard. I am also going back to the UK with my non EU wife as soon as I can get through all the paper work.
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Postby jacquesfade » Mon 23 Sep 2013 19:41 GMT

There are "ways around the new rules", but they are convoluted... You need to apply under EU rules rather than UK rules. To be able to do that, you need to "exercise treaty rights".

In most cases this involves moving to an EEA country, registering there as an EU citizen and registering your wife as a family member of an EU citizen. You can then return to the UK and get your wife a 5 year stamp. After 5 years, she will get indefinite leave to remain.

If you have a minor child who is an EU citizen (including a British citizen), in some very limited circumstances your wife might be able to secure "derivative rights", but this most likely will not apply if you are yourself in the UK or if the child is a UK citizen and not a UK resident.

In other words, there are no "easy" ways around the new rules...
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Re: New UK border rules

Postby gozomark » Tue 1 Oct 2013 11:59 GMT

sandman wrote: they won't count my offshore fixed deposits. So I had to transfer at least 62,500 pounds into an onshore instant access ac

was the problem it was offshore or that it was fixed ?
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Postby Purley » Mon 14 Oct 2013 15:02 GMT

I suppose "they" had their reasons for doing this. I have absolutely no idea, but I would guess that perhaps it is because there are lots of dishonest people trying to get their "wife/husband" into the UK, when the marriage is a sham just to get into the UK. You would think perhaps that there should be a time limit after which it would be "assumed" the marriage was genuine. You would think anyone lying to get into the UK would be fed up with it long before they had been "married" for nine years!

No help with the situation you are in. The rules obviously make sense to someone!
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Postby Dave » Tue 15 Oct 2013 02:27 GMT

Not to the courts, apparently - the High Court ruled in July that they placed undue obstacles in the way of people's family life. However, the Home Office appealed, and that process is rumbling on for now.
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