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Commonwealth Immigration Consultants

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July 2014

A recent case heard at the UK Court of Appeal has examined in detail the UK financial requirements for spouse / family of British citizens and other settled persons.

Judgement in the case of MM and Others, was handed down on Friday July 11th and it proved to be a major setback for the thousands of families so severely impacted and torn apart since the financial requirements were introduced in July 2012.

The Court of Appeal completely rejected the High Court decision and found in favour of the UK Home Secretary. The Court found no reason to intervene in what it saw as a decision solely for the government.

So, pending an appeal to the Supreme Court, it now appears that the financial requirements are here to stay for the foreseeable future.

This requires the British sponsor to be earning at least GBP 18,600 per annum to sponsor a spouse / partner (even more if children are to be sponsored).

British citizens outside the UK must have earned GBP 18,600 for the last 12 months and have a confirmed offer of employment in the UK paying GBP 18,600.

The UK Immigration Minister has stated that up to 4,000 applications which have been on hold now stand to be refused. 

Many more applicants will now be looking at the so called Surinder Singh route to bring their family members to the UK

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We have many years experience in assisting migrants to obtain UK Indefinite Leave to Remain (ILR) visas, also known as settlement or permanent residence.

The normal qualifying period to obtain ILR is 5 years. 

However if one is married to a British citizen, then the qualifying period is 2 years (but was increased to 5 years for spouse applications after July 2012). 

But, not every visa category is counted as “qualifying” for ILR. For instance, time spent in the UK on a Working Holiday visa or a student visa does not count.

Check our for more information #ukvisa   #ukimmigration   #commonwealth   #visas  
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Australia – Residence visas for Spouses and Partners

There are several visa categories that can lead to Australian residence based on a relationship with a partner, married spouse, prospective spouse etc.. The following are some of the main categories of entry;

• Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)

• Prospective Marriage Visa (Subclass 300)

• Partner temporary visa (subclass 820) and permanent visa (subclass 801)

We deal with all these applications. See our dedicated webpage;
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 See our Free Guide on EEA Applications, containing information on;
- All categories of EEA Applications
- The application process in your country of residence
- Advice and guidance on the documents required to support an application
- How to complete the application forms
- Common mistakes to avoid
- How to deal with the UK government
- How to obtain specialist advice when applying
- EXTRA UK settlement advice on; employment, obtaining a National Insurance number, taxation, property, opening a bank account, transferring funds.
Obtain your Free Guide now!
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