A leaked cabinet letter from the UK Home Secretary, Theresa May to Nick Clegg has revealed some stringent proposed immigration changes for the family migration route.

In the letter a new income of £25,700 per year is proposed for anyone looking to bring a spouse, partner or dependant to the UK from outside the EU, from June 2012. This income threshold is a drastic rise from the current threshold of £13,700. This minimum income threshold is also set to rise with every dependant brought in.

It is further proposed in the letter that the current probation period for spouses and partners must be increased from 2 years to 5 years, before they can apply to live permanently in the UK. A higher level of English is also proposed. These changes are proposed to take effect in June 2012.

BIC would like to advise all clients who want to make use of the family migration route, to do so as soon as possible in order to avoid these possible stringent new immigration measures.

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There is currently a rumour going around that the probationary period for spouses will increase from the current 2 years to 5 years, together with other UK immigration changes taking effect in April 2012.

Pleanote that this rumour has not been confirmed.

It may however be advisable to apply for the spouse visa before April 2012, in order to prevent a possible extended probationary period.

Please contact our offices for more information.

Following a judgment of the Supreme Court that challenged a requirement under the Immigration Rules for both foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner, the UK Border Agency has announced that persons can request a review of an earlier refusal due to the age requirement, by 31 May 2012.

The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.

Please contact our offices for further information.

The spouse visa is available to non-EU citizens who wish to come to the UK to live with their spouse who is either a British citizen or who holds Indefinite Leave to Remain in the UK.

How to qualify

In order to qualify you will have to show that you are married to a person present and settled in the United Kingdom, or one who is currently being admitted for settlement. You will need to show that you intend to live permanently with your spouse and that your marriage is subsisting.

In order to qualify the applicant must be 18 years or older.

Length of stay and right to work

If you have been married for less than 4 years you will be granted a probationary period of residence of 2 years. If you can prove that you have been married for more than 4 years you may apply for settlement (permanent residence) immediately from the British High Commission.

There are no work restrictions on this type of visa.

Permanent residence

As stated above, if you have been married for at least 4 years prior to your application, you can apply for settlement from the British High Commission in your home country. If not, you will be entitled to apply for indefinite leave to remain after you have lived in the UK for two years, provided that you can prove you satisfy the criteria for the spouse status at the end of this period.