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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

New Immigration Rules post 9th July 2012

10 July 2012 McGill & Co Solicitors Immigration

The Rules mentioned in earlier posts have now come into force effective from 9th July. The financial limits are set at a gross salary of £18,600 for a sponsoring spouse and will apply to every stage of the application leading to settlement. No account will be taken of past or future earnings and third party support from a family member is gone. The probationary period is extended from 2 - 5 years. From October 2013, the qualification level for English language rises to B1 in speaking & Listening and must be accompanied with the Knowledge of life in Britain test. Article 8 family life cases will now be considered under the Governements flagship of protection of the public interest. Proportionality is subject to assessment on a general basis enshrined within the Rules.

We see the return of the old policy for Children resident in the UK for 7 years which is the minimum threshold for deliberating over the best interests of the child in immigration removal cases.

The ten year Rule for long residency applications remain but the 14 year rule is abolished being replaced with a category for 20 years residency.

Further amendments are also introduced to various categories but the above gives a brief outline of the focus & thrust of the changes introduced. The changes are far reaching and possibly the biggest shake up of family immigration law and policy in recent years. They are certainly going to create significant problems.

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