Changes to Immigration Rules from 31 October 2011
A new Statement of Changes has been laid before parliament which heralds some important changes to the regulation of entry into the United Kingdom. The most significant change means that from the end of October 2011, anyone owing the NHS £1,000 or more will normally not be allowed to enter or remain in the UK until the debt is paid off. The Border Agency believes that the £1,000 threshold, will capture 94 per cent of outstanding charges owed to the NHS. To enforce this action, the NHS will provide information enabling the UK Border Agency to identify the debtors when they apply to return to or remain in the UK. Medical information will not be supplied.
Another change - described as technical by UKBA - will mean that from 31 October migrants in the Tier 2 and Tier 2 (Intra company transfer) routes and work permit holders will need to provide supporting documents to show they are earning a minimum amount before they are granted settlement. This change is in line with general goverment thinking on maintenance rules, and seems likely to be extended to other categories, for example spouses. Members of the Coalition have in recent months stated that the current approach to maintenance in such cases - essentially assessment against what a comparable couple or family would receive in UK state benefits - is not good enough. This was one of the points made in the recently-closed consultation on changes to managed migration and settlement routes, where one stated aim was "to cut the risk that a spouse or partner becomes a burden on the taxpayer because the sponsor has to have recourse to public funds to support them". However, in response to ILPA‟s question - do you hold any evidence of spouses/partners relying on public funds during the probationary period? - the Agency answered - this information is not currently available. Once again - as with raising the minimum marriage age to 21, a move deemed unlawful by the Supreme Court in its recent Quila judgment - the government appears set to use a sledgehammer to crack a nut of undetermined size.
I anticipate it will become necessary to show a minimum level of income - to be set clearly by Immigration Rules in the same way as for Points Based applicants - covering the whole of your 2 year (or 5 year if the consultation proposals are accepted in full) "probationary period".