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Non-EU Citizens BEWARE
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scot47



Joined: 10 Jan 2003
Posts: 12491
Location: Ultima Thule

PostPosted: Sat Sep 29, 2012 11:31 am    Post subject: Non-EU Citizens BEWARE Reply with quote

http://www.heraldscotland.com/news/home-news/graduate-forced-out-of-uk-for-not-earning-enough.19001472

deported because his income was too low ! New rules make it even harder for non-EU nationals to remain in UKANIA even if married to a citizen !
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Hod



Joined: 28 Apr 2003
Posts: 979
Location: Home

PostPosted: Sun Sep 30, 2012 9:42 am    Post subject: Reply with quote

There is a way for non-EU citizens to avoid being affected by the new rules, but it's only relevant for those who will apply in future, i.e. not in the UK now, and are married to an EU citizen and living elsewhere in the EU.

The current UK Spouse Visa costs £826, involves a lot of paperwork, a basic English language requirement and the joint income must be over £18,600, which is what the American guy in the story fell foul of.

We all know EU citizens, living and working elsewhere in the EU, who ďexercise their EEA treaty rightĒ to employment in the UK can do so. Whatís more, though, they can bring their non-EU spouse. This EEA option visa is free, involves less paperwork and has no language or income requirement. The process takes four weeks, and the spouse can also work legally in the UK.

Google ďSurinder Singh rulingĒ.

I would recommend an EU/non-EU married couple wanting to move to the UK to go and live in another EU country first and apply one or two years later for a UK visa using the EEA option. The visa requirements elsewhere in the EU are less stringent than the UK, but once in youíre in the EU, the UK will not be able to stop you.
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scot47



Joined: 10 Jan 2003
Posts: 12491
Location: Ultima Thule

PostPosted: Sun Sep 30, 2012 11:40 am    Post subject: Reply with quote

Yes this luckless Gringo fell foul of the £18,000 income rule. His wife ( a UK national) was on benefits and if she had found a job that might have improved things. HOWEVER jobs in the West of Scotland are NOT easy to find.

UK Border Agency do not believe in clemency or human decency

http://www.heraldscotland.com/news/home-news/visa-row-academic-leaves-scotland.19037534
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scot47



Joined: 10 Jan 2003
Posts: 12491
Location: Ultima Thule

PostPosted: Sat Dec 13, 2014 7:39 pm    Post subject: Reply with quote

http://www.bbc.co.uk/news/uk-england-cornwall-30439592
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Dedicated



Joined: 18 May 2007
Posts: 762
Location: UK

PostPosted: Wed Dec 17, 2014 1:01 pm    Post subject: Reply with quote

The rule is designed to stop foreign spouses becoming reliant on UK taxpayers. However, any policy which places a financial threshold on the ability of someone to bring a partner into the country naturally discriminates against those who earn less, particularly women.

From April 2016, this threshold is rising to 35,000 GB pounds. PhD researchers and academics will be excluded.
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Stuka



Joined: 27 Aug 2012
Posts: 38

PostPosted: Wed Dec 17, 2014 1:39 pm    Post subject: Reply with quote

Dedicated wrote:
The rule is designed to stop foreign spouses becoming reliant on UK taxpayers. However, any policy which places a financial threshold on the ability of someone to bring a partner into the country naturally discriminates against those who earn less, particularly women.

From April 2016, this threshold is rising to 35,000 GB pounds. PhD researchers and academics will be excluded.


I do agree that £18,600 would be virtually impossible for a family to live comfortably in the UK, especially London. However to raise the threshold to £35,000 will indeed mean that only the rich and famous can fall in love and marry a foreigner and bring them home to meet daddy. If I was the women in the BBC story, I'd take my family down to South Africa and try and make a go of it there. At least you've got sunny weather and exciting wildlife on your doorstep.
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Sashadroogie



Joined: 17 Apr 2007
Posts: 9786
Location: Moskva, The Workers' Paradise

PostPosted: Wed Dec 17, 2014 1:57 pm    Post subject: Reply with quote

The Isle of Man?
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scot47



Joined: 10 Jan 2003
Posts: 12491
Location: Ultima Thule

PostPosted: Wed Dec 17, 2014 2:00 pm    Post subject: Reply with quote

I have seen one estimate that 40+% of those employed in the UK would not have sufficient income to sponsor a foreign spouse. It is also strange that the figure is the same regardless of location.
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Stuka



Joined: 27 Aug 2012
Posts: 38

PostPosted: Wed Dec 17, 2014 2:29 pm    Post subject: Reply with quote

scot47 wrote:
I have seen one estimate that 40+% of those employed in the UK would not have sufficient income to sponsor a foreign spouse. It is also strange that the figure is the same regardless of location.


Yeah I agree . . . £35K is a king's ransom and certainly a wage beyond most teflers unless you're a manager. But even managers that work in language centres attached to universities around the UK would be lucky to earn more than that. I really don't know where all this is going. They say the average wage in the UK is around £26K but I think that could be a liberal estimate. What I do know is that wages are falling or staying stagnant, while inflation is rising and hours are getting longer. All the more reason to emigrate to South Africa or any other country come to that where you can do a reasonable day's work for a reasonable wage.
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Hod



Joined: 28 Apr 2003
Posts: 979
Location: Home

PostPosted: Wed Dec 17, 2014 6:27 pm    Post subject: Reply with quote

Stuka wrote:
to raise the threshold to £35,000 will indeed mean that only the rich and famous can fall in love and marry a foreigner and bring them home to meet daddy


Let's remember it's the household, i.e. joint, income and not just the EU spouse's.

If a couple can't get £35000 together let alone £18600, then I have to say (as a UK taxpayer with a non-EU wife) there's something amiss. To do the not so complex maths, that's £17500 each, and whilst this isn't quite minimum wage for a 40-hour week, it isn't far off. In any case, it's not only not enough to live on, there'll be no room for pension planning.

I don't know what is going on with the news story. It only mentions the UK wife's salary. What about the husband's?

The UKBA get their share of justified criticism, but to impose a minimum of £18600 or £35000 on a couple is common sense.
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scot47



Joined: 10 Jan 2003
Posts: 12491
Location: Ultima Thule

PostPosted: Wed Dec 17, 2014 7:17 pm    Post subject: Reply with quote

Hod - and his Avatar- live in a different world, a world where no one earns minimum wage or is on a zero-hours contract.

A world where the kiddies go to "public schools" that are not public, and all families have two (or more) cars.

May he live to see the English equivalent of 1792 ! The guillotine awaits !
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Hod



Joined: 28 Apr 2003
Posts: 979
Location: Home

PostPosted: Wed Dec 17, 2014 7:27 pm    Post subject: Reply with quote

Indeed, and what luck other countries throw their doors open to people who want to live there on a pittance (not). I currently live in the UK. If I wanted to move to just about any other country on the planet, I'd need some savings and an income to do so. What do you suggest, scot47? Let's let anyone in. There just better be room in your council house.
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Dedicated



Joined: 18 May 2007
Posts: 762
Location: UK

PostPosted: Wed Dec 17, 2014 10:31 pm    Post subject: Reply with quote

Hod,

The regulation is not per household. The Briton (either male or female) with a non-EU spouse must prove a disposable annual income of 18,600 GB pounds if they want to sponsor a foreign spouse and bring him/her to the UK.
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Stuka



Joined: 27 Aug 2012
Posts: 38

PostPosted: Thu Dec 18, 2014 1:07 am    Post subject: Reply with quote

Hod wrote:
There just better be room in your council house.


I think you have a point but I also empathise with Scott's sentiments too. The UK is ridiculously expensive and becoming more so every year. Most people don't earn enough to pay into risky pension schemes and will be reliant on the state pension which is a pittance and barely enough to live on. Most people in the UK, unless they dwell in the rarefied regions at the top, live a day-to-day existence and would only have enough to pay one's month rent should they lose their jobs today. It's a crisis waiting to happen actually. I do agree with the government in raising the threshold to £35,000(that figure may even be too low) but what I do find hypocritical is how they let all the migrants and amnesty-seekers in and give them a free ride when so many Brits are having trouble making ends meet. No other country is such a soft touch . . . and of course we're gonna pay for it later.
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PC Parrot



Joined: 11 Dec 2009
Posts: 399
Location: Moral Police Station

PostPosted: Thu Dec 18, 2014 4:10 am    Post subject: Reply with quote

Dedicated wrote:
The rule is designed to stop foreign spouses becoming reliant on UK taxpayers. However, any policy which places a financial threshold on the ability of someone to bring a partner into the country naturally discriminates against those who earn less, particularly women.

From April 2016, this threshold is rising to 35,000 GB pounds. PhD researchers and academics will be excluded.


Could you supply a link for this? I've searched for a while now, including the Gov't website, and have come up empty handed. Thanks.

Hopefully, one's wealth would reduce the income requirement as it does now. If not, how many people could afford to retire to the UK if their spouse were a citizen of a non-EU country?

If you owned your own home outright and had assets generating let's say £25,000 - £30,000 per annum after tax, why would that be insufficient? It would be the equivalent of someone who rented or paid a mortgage and earned £45,000-£55,000 before tax.
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