If you are a British national who has been residing outside the UK, and has a non-EU national spouse, once you start thinking about relocating to the UK with your other half, you are probably wondering where to start.
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Background
If you are British citizen, or have an Indefinite Leave to Remain in the UK, and wish to bring your partner or child/children who are not EU-nationals to the UK, then you usually need to meet the income threshold of £18,600.
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New immigration rules changes – September 2019
UK Immigration law continues to change constantly, and the new Statement of Changes to the immigration rules was published on the 9th of September 2019. The announced changes should come into force in October 2019, hence if you are making an application prior to this time, it will still be considered under the old rules.
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The financial requirement of £18,600 generally must be met by anyone applying for entry clearance, leave to remain or indefinite leave to remain in the UK as the non-European Economic Area (non-EEA) national partner or dependent child of a person, who is either a British citizen or has Indefinite Leave to Remain in the UK. Please note that sometimes the financial requirement might be a bit higher if sponsoring a non-EU partner and child/children.
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Since July 2012, when the current rules regarding UK spouse visas came in to effect, the number one issues that many face when sponsoring their family for a UK settlement visa have been relating to the Income Threshold. This issue has been hotly contested in court but calumniated with the UK Supreme court confirming that the new rules were legal, although it did suggest certain exceptional circumstances where alternative incomes source should be considered by the UK Home Office ( see here).
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