BRPartners Immigration Advice & Services

14/03/2024

Increase to the Minimum Income Requirement for those in the five-year partner and child routes under Appendix FM
5.14 The minimum income requirement has not been increased for over a decade and no longer reflects the level of income required by a family to ensure they are self- sufficient and do not need to rely on public funds.
5.15 This change imposes a minimum income requirement of £29,000 for new applicants to the routes that is the 25th percentile of earnings for jobs which are eligible for Skilled Worker visas.
5.16 Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR) is a qualified right. This means that the rights of the individual can be lawfully outweighed by measures which are necessary in the interests of the economic well-being of the country. Maintaining immigration control constitutes such an interest.
5.17 These rules provide a clear basis for considering immigration cases in compliance with ECHR Article 8, reflecting the qualified nature of Article 8, setting requirements which properly balance the individual right to respect for private or family life with the public interest in safeguarding the economic well-being of the UK by controlling immigration, in protecting the public from foreign criminals and in protecting the rights and freedoms of others.
5.18 The new minimum income requirement has been set at a level which is based on earnings as well as benefit levels to help ensure that migrants are more likely to make a net positive contribution to the public finances. This includes supporting the aim to reduce the overall level of net migration, which is too high. This change will also support the Government's wider ambition for the UK to be a high-wage, high- productivity, high-skill economy.
5.19 There will no longer be a separate child element to the minimum income requirement. This is to ensure that British nationals are not treated less favourably than migrants who are required to meet the General Skilled Worker threshold as a flat rate, regardless of any children being sponsored.
5.20 There are transitional arrangements for those who, before 11 April, already have a Family visa within the fiancé(e) or proposed civil partner or five-year partner route, or who applied before 11 April and are being granted. Once a minimum income requirement (MIR) has been met, the same MIR must be met through to settlement on the route, provided the applicant is applying to stay with the same partner. This will also be the case for children seeking to join or accompany a parent. These arrangements provide certainty for those already within the route, or who apply before the increase comes into force.
5.21 Existing exceptional circumstances and the need to safeguard and promote the welfare of children continue to apply. Those unable to meet the minimum income requirement may still be granted leave where: there are insurmountable obstacles to family life with their partner continuing outside the UK; it would not be reasonable for their child to leave the UK; or there are exceptional circumstances which would render refusal of the application a breach of ECHR Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family. Those granted on this basis are placed on a longer 10-year route to settlement, granted in four tranches of 30-month periods.
5.22 As a result of these changes there are consequential changes being made to the Part 8 rules.

14/03/2024

Transitional financial requirements for an applicant who made their first application as a fiancé(e), proposed civil partner or as a partner before 11 April 2024 and who was granted permission as a fiancé(e), proposed civil partner or as a partner on the five-year route to settlement as a result of that application
E-LTRP.3.5. A person who has permission as a partner on the five- year route to settlement, or as a fiancé(e) or proposed civil partner, at the date of application, must meet the transitional financial requirement at E-LTRP.3.7. if they made an application for entry clearance or permission to stay as a fiancé(e), proposed civil partner or partner under Appendix FM before 11 April 2024, which was successful.
E-LTRP.3.6. To fall within E-LTRP.3.5. the applicant must be applying for permission to stay with the same partner for which they were last granted permission. Those applying for permission to stay with a new partner must meet the financial requirement at E-LTRP.3.1. to E-LTRP.3.4.
E-LTRP.3.7. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of:
(a) a specified gross annual income of at least: (i) £18,600; �(ii) an additional £3,800 for the first child; and�(iii)an additional £2,400 for each additional child; alone or in �combination with
(b) specified savings of: �(i) £16,000; and�(ii) additional savings of an amount equivalent to 2.5 times the �amount which is the difference between the gross annual income from the sources listed in paragraph E- LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.7.(a); or
(c) the requirements in paragraph E-LTRP.3.3. being met, unless paragraph EX.1. applies.
In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is:
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen, settled in the UK, or in the UK with valid limited leave to enter or remain granted under paragraph EU3 or EU3A of Appendix EU to these Rules; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.
E-LTRP.3.8. Where the financial requirement at E-LTRP.3.7. exceeds £29,000 due to the number of children in the family, the applicant will only need to provide evidence of a gross annual income of £29,000.
E-LTRP.3.9. The applicant must meet the accommodation requirement at E-LTRP.3.4.”.

14/03/2024

Financial requirements for an applicant who is making their first application on the partner route on or after 11 April 2024
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of:
(a) a specified gross annual income of at least £29,000
(b) specified savings of: �(i) £16,000; and�(ii) additional savings of an amount equivalent to 2.5 times the �amount which is the difference between the gross annual income from the sources listed in paragraph E- LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3. being met, unless paragraph EX.1. applies.”.

19/02/2024

Migrant victims of domestic abuse concession
Updated 16 February 2024
The title and name of the concession has been changed from destitute domestic violence concession (DDVC) to Migrant Victims of Domestic Abuse Concession (MVDAC).
The eligibility criteria have been updated to include provision for victims of domestic abuse in the UK as a partner of a person on a work (sponsored) and economic route or as a student or graduate.
…
This concession, (which previously only provided for a victim of domestic abuse in the UK with permission as a partner under Appendix FM or Appendix Armed Forces), has been expanded to provide a three-month period of status and temporary support to a migrant victim of domestic abuse in the UK as a dependent partner of a migrant in the UK with permission on a work (sponsored) and economic route or as a student or graduate. This is now in addition to the previous policy of providing the same period of immigration status and temporary support to a victim of domestic abuse in the UK with permission as a partner under Appendix FM or Appendix Armed Forces (Appendix VDA from 31 January 2024).
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The policy does not provide for all victims of domestic abuse and not everyone granted permission under this concession will be eligible to apply for settlement under Appendix VDA.

19/02/2024

As announced by the Home Secretary on 4 December 20233, changes are being made to tighten the Health and Care Worker route for Skilled Workers sponsored as care workers or senior care workers (occupation codes 6145 and 6146), in response to high levels of non-compliance and worker exploitation and abuse, as well as unsustainable levels of demand. In the year ending September 2023, 83,072 visas were granted for care workers and a further 18,244 visas for senior care workers, comprising 30% of all work visas granted. In addition, there were 250,297 visas granted for work-related dependants, 69% of which were for Health and Care Worker dependants.
These changes:
•Narrow the eligibility for workers to be sponsored in these occupation codes in England from all jobs to only jobs where the sponsor is registered with the Care Quality Commission (CQC) and is currently carrying on a regulated activity (this does not affect the eligibility of jobs in Scotland, Wales and Northern Ireland); and
•Remove the provision for dependants to accompany or join workers sponsored in these occupation codes (other than providing for children born in the UK to regularise their stay).
Transitional arrangements are being applied for Skilled Workers who have applied on the route and are sponsored in these occupations before these changes come into force. These arrangements allow them to apply to extend their permission with the same sponsor, and settle, without the CQC regulation requirement applying to them. They also allow such individuals to be accompanied or joined by dependants, including in cases where they change jobs to another sponsor who meets the CQC regulation requirement.

19/02/2024

Extract from Home Office Memorandum regarding Ukraine family scheme
Extracts from Explanatory Memorandum:
We are closing the Ukraine Family Scheme (UFS) and making changes to the Homes for Ukraine Sponsorship Scheme (HFU) through rules that affect applicants, including eligible minors.
We are also applying to Appendix Ukraine Scheme a number of those General Grounds for Refusal in Part 9 of the Immigration Rules that had been initially omitted, so as not to lead to refusals of visas that would have been disproportionate at the height of the invasion.
We are making amendments to the Ukraine Extension Scheme (UES) to allow children born in the UK to those who hold permission under the Ukraine Scheme (including the now closed Ukraine Family Scheme) to be eligible to apply for permission under the UES beyond its closure on 16 May 2024 (UES closure from that date is already in the Rules and does not form part of this Statement of Changes).
The Government has decided to close the Ukraine Family Scheme (UFS) to new applications with immediate effect to rationalise the offer for Ukrainians coming to the UK and improve the sustainability of the schemes we provide.
Almost two years into the conflict, the situation in Ukraine and the responses to it have evolved, therefore we are also changing the period of permission granted to new HFU applicants, including eligible minors, from 36 months to 18 months. This will still provide assurance of a period of sanctuary in the UK and is more closely aligned with the period granted in the EU under the EU Temporary Protection Directive, which is one year at a time.
Under the current rules, the Ukraine Extension Scheme will close to new applications for permission to stay on 16 May 2024. Amendments are made to the UES to allow children born in the UK after 18 March 2022 to those who have permission under the Ukraine Scheme (including the now closed Ukraine Family Scheme) to be eligible to apply under this route beyond 16 May 2024. They will be granted permission aligned to the length of permission under the Ukraine Scheme held by their parent. Where the parents hold differing lengths of permission under the Ukraine Scheme, a child will be granted in line with the parent who holds permission that expires last. This is necessary to ensure that we provide a route for children born in the UK to regularise the immigration status in line with their parents.

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