Before you permanently move to the US

[Justine+David 218]

"They can meet the income threshold by having cash savings of £62,500 or through their own private income, for example from investments. We have also introduced greater flexibility for those holding investments to liquidate them into cash in order to meet the rules."

What does that mean? Does that mean you don't have to sell all your investments?

[Rebecca Jo 1,962]

What does that mean? Does that mean you don't have to sell all your investments?

They are still asking for the assets to be in cash at time of application. I believe that now, if you can prove the asset has been yours for more than six months, it doesn't have to be liquidated and the cash lie in the bank for six months prior to application. But they still ask it be liquidated, so it's not a big improvement.

[Rebecca Jo 1,962]

Today in Parliament the All Party Parliamentary Group on Migration submitted its findings regarding the new rules to the government. This committee has no "power" - all it can do is ask the government to look at its findings.

In summation, the group found the rules to be too harsh and recommended several changes.

You can watch the debate here:

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=13325

You can find the report here:

http://www.appgmigration.org.uk/sites/default/files/APPG_family_migration_inquiry_report-Jun-2013.pdf

Edited June 19, 2013 by Rebecca Jo

[Rebecca Jo 1,962]

http://www.bbc.co.uk/news/uk-23029195

Watch the clip within the article.

[Rebecca Jo 1,962]

http://www.bbc.co.uk/news/uk-politics-23182670

and here:

https://www.gov.uk/government/news/new-immigration-rules-for-armed-forces-families-announced

The new rules will mean that all non-EEA dependants of members of the Armed Forces between the ages of 18 and 65 will need to meet requirements on knowledge of language and Life in the UK before they can settle in the UK, and their sponsor will need to meet the minimum income threshold.

[Justine+David 218]

Ah yes, serve your country in the highest honor possible and have your country tell you that, "Sorry, you'll have to wait 3 years to be with your spouse." As the daughter of a veteran who served 33 years (count 'em, 33 years! from an enlisted private at 17 to a retired colonel), I have absolutely no idea what to say to something like this. There just aren't any words.

No words at all.

In the end, this is going to bite them hard. I don't know when, but it will.

[Rebecca Jo 1,962]

Woot!

http://www.bbc.co.uk/news/uk-23198144

Responding to the ruling, a Home Office spokesperson said: "Our family changes were brought in to make sure that spouses coming to live in the UK would not become reliant on the taxpayer for financial support and would be able to integrate effectively. We're pleased that this judgment supports the basis of our approach.

"We are looking closely at the judgment and its likely impact on the minimum income threshold before we decide how to respond.

"In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold."

[Boiler 43,622]

60 years too late.

[Rebecca Jo 1,962]

60 years too late.

Pardon?

[Protocol417 161]

Okay, here's a question.

There was one mention several pages ago that in addition to the six-month work requirement, the UK resident must have been physically present in the UK for at least a year. I can't find any reference to this. The closest thing I found was "As now, the sponsor must remain ordinarily resident in the UK (broadly, here more of the year than not and subject to UK taxation)". Wouldn't six months + 1 day satisfy that requirement, though? Does anyone know if the 1 year residency requirement is correct?

Also, I had a visit to an NHS hospital in London when I was in the country once (as a tourist). It was very simple, just a quick visit with the doctor who wrote one prescription for me.

One of the requirements appears to be that you have "no NHS debt of £1,000 or more".

a) Under what circumstances would you hold a debt to the NHS? Does any use of the NHS mean you have a debt with them, or is just "co-pay" type payments that accrue towards this? For example, I paid £7-something for the prescription: Would my £7-something count toward my "debt" (if I hadn't paid it then and there), or is it the rest of the cost of that prescription as well as the doctors visit that counts?

b) How do you find out whether or not you have a debt and how much it is?

c) Are you given the opportunity to simply pay that debt before applying?

[Rebecca Jo 1,962]

Okay, here's a question.

There was one mention several pages ago that in addition to the six-month work requirement, the UK resident must have been physically present in the UK for at least a year. I can't find any reference to this. The closest thing I found was "As now, the sponsor must remain ordinarily resident in the UK (broadly, here more of the year than not and subject to UK taxation)". Wouldn't six months + 1 day satisfy that requirement, though? Does anyone know if the 1 year residency requirement is correct?

Also, I had a visit to an NHS hospital in London when I was in the country once (as a tourist). It was very simple, just a quick visit with the doctor who wrote one prescription for me.

One of the requirements appears to be that you have "no NHS debt of £1,000 or more".

a) Under what circumstances would you hold a debt to the NHS? Does any use of the NHS mean you have a debt with them, or is just "co-pay" type payments that accrue towards this? For example, I paid £7-something for the prescription: Would my £7-something count toward my "debt" (if I hadn't paid it then and there), or is it the rest of the cost of that prescription as well as the doctors visit that counts?

b) How do you find out whether or not you have a debt and how much it is?

c) Are you given the opportunity to simply pay that debt before applying?

1) I believe the bit you have cited about 1 year of residency doesn't apply to the job/income stuff. It applies to how UKBA determines if the British citizen is "ordinarily resident". Because they aren't going to grant a visa to a foreign spouse if the BritCit spouse isn't even going to live in the UK.

2) As for the NHS stuff - I don't think anyone can tell you precisely how this is all shaking down. Reports are surfacing in other communities of people being denied visas because they accessed the NHS when they were not legally resident. Part of the "anecdotal learning curve" is going to be whether or not people get sussed out only by their own admission of guilt. The visa application itself asks a few questions about NHS usage. It asks the applicant if they have ever used the NHS; it asks when and what for; it asks for your NHS number if you were given one. We don't know yet if this is the only way they are going to be able to tell about improper use of the NHS by applicants.

Emergency room care is suppose to be free at point of service for anyone - resident or not. And most people (like you) who ever visited casualty in the UK report never having been given an NHS number. Participants in other communities are suggesting that one could write the hospital you used to see if they still have any records of your visit.

I do think your drug "co-pay" is odd. I don't know what the cost of a prescription, for a UK resident, would have been at the time you got it, and in the part of the UK you obtained it. I thought a scrip was 6 quid on the mainland............... perhaps you paid full price? Don't take my word for it.

[lost_at_sea 995]

I do think your drug "co-pay" is odd. I don't know what the cost of a prescription, for a UK resident, would have been at the time you got it, and in the part of the UK you obtained it. I thought a scrip was 6 quid on the mainland............... perhaps you paid full price? Don't take my word for it.

Prescription flat fee is currently £7.85

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

[Rebecca Jo 1,962]

Prescription flat fee is currently £7.85

http://www.nhs.uk/NHSEngland/Healthcosts/Pages/Prescriptioncosts.aspx

Thanks. I was too lazy to go looking....

[Protocol417 161]

1) I believe the bit you have cited about 1 year of residency doesn't apply to the job/income stuff. It applies to how UKBA determines if the British citizen is "ordinarily resident". Because they aren't going to grant a visa to a foreign spouse if the BritCit spouse isn't even going to live in the UK.

2) As for the NHS stuff - I don't think anyone can tell you precisely how this is all shaking down. Reports are surfacing in other communities of people being denied visas because they accessed the NHS when they were not legally resident. Part of the "anecdotal learning curve" is going to be whether or not people get sussed out only by their own admission of guilt. The visa application itself asks a few questions about NHS usage. It asks the applicant if they have ever used the NHS; it asks when and what for; it asks for your NHS number if you were given one. We don't know yet if this is the only way they are going to be able to tell about improper use of the NHS by applicants.

Emergency room care is suppose to be free at point of service for anyone - resident or not. And most people (like you) who ever visited casualty in the UK report never having been given an NHS number. Participants in other communities are suggesting that one could write the hospital you used to see if they still have any records of your visit.

I do think your drug "co-pay" is odd. I don't know what the cost of a prescription, for a UK resident, would have been at the time you got it, and in the part of the UK you obtained it. I thought a scrip was 6 quid on the mainland............... perhaps you paid full price? Don't take my word for it.

1) So there is no requirement that the UK resident return and live in the country for one year before applying? The 6 months employment should be sufficient? I guess this question is ultimately academic; it'll probably take him longer than 6 months to find a job that pays that much anyways, considering he's from the north

2) I did see the question on the application and was wondering about the NHS number. Like the others, I wasn't issued one.

I think I found one of the communities you may have been thinking of. The general consensus seems to be that as long as you received treatment in A&E, you're okay.

The legalese worries me, though. It says "non accident and emergency services provided in a walk-in centre are not under the exemption". I went to A&E but was referred to Urgent Care to see the doctor. Does this now classify it as a "non accident and emergency service"? Is Urgent Care technically a "walk-in centre"? (What I was treated for ended up not being an emergency, per se, but I certainly wouldn't have been able to get back on a plane if I hadn't been treated.)

I don't expect you to know the answers; I'm mostly speaking out of frustration at this point. This all seems a bit ridiculous to me. I made no misrepresentation of my nationality or why I was in the UK, but a short visit to a London hospital may end up derailing a visa application, though it appears we won't know for sure until my fiance (the UKC) abandons his path in the US (assuming he doesn't have citizenship yet), moves back, secures a job, holds it for six months, and pays the fee? Surely one can't be expected to look up NHS law while in the middle of a medical episode? I will try writing to the hospital as you recommended, but from the forums it sounds like even a letter saying I owe nothing might not clear it up due to common misunderstandings within the NHS over who gets billed what. I would think that if it comes up during your application process (and you are honest on your application) that you do owe the NHS, you should be given the opportunity to simply pay it, but from the looks of it, people are just getting denied. Very worrying.

[Rebecca Jo 1,962]

No, there's no requirement that the UK citizen live in the UK one year before sponsoring their foreign born spouse.

I understand your concerns about the NHS questions. I don't like to just idly say "you will be fine". From what you have told us, and how things are supposed to work, you SHOULD be fine. I guess I just don't trust the Home Office. All this immigrant/benefits/NHS usage stuff is political football over there. If I had ever used the NHS as a tourist, and could get a written statement that I don't owe them anything - yeah I would want that.