Revised immigration rules affecting members of HM Forces and their families have been laid in Parliament.
The new rules come into effect on 1 December 2013. They were announced in a written ministerial statement on 4 July 2013, and will bring Armed Forces family rules in line with the family Immigration Rules in Appendix FM.
This will mean that:
members of HM Forces wishing to sponsor a non-EEA dependant to come to or remain in the UK will have to meet a minimum income threshold; a basic English language requirement, at A1 level on the Common European Framework of Reference (CEFR), will apply to all non-EEA partners seeking leave to enter or remain in the UK as a dependant of a member of HM Forces; to qualify for settlement, all non-EEA partners and children between the ages of 18 and 65 will be required to pass the Life in the UK test and hold an intermediate speaking and listening qualification, at B1 level on the CEFR; all non-EEA partners of HM Forces personnel granted leave under the Immigration Rules will serve a 5 year probationary period before being eligible to apply for settlement. On 5 July 2013 the Home Office appealed against a High Court judgment in a legal challenge to the minimum income threshold for spouses/partners and children applying under the family route. The Home Office will continue to put on hold cases which are being refused solely due to not meeting the minimum income threshold until the case is finally determined by the Courts.
For full details of the changes see the Statement of Changes to the Immigration Rules (HC 803) on the right side of this page. The written ministerial statement can be found on Gov.uk .
UK Border Agency: Changes to document requirements
21 November 2013
From 28 October 2013 if you are applying by post for extension of stay, indefinite leave to remain or British citizenship on the following forms, you no longer need to provide an original passport from the British or settled person supporting your application - a photocopy of their passport or travel document can be provided instead.
Applying for extension of stay or indefinite leave to remain
Forms FLR(M), SET(M) and SET(F)
fiancé(e) of a British citizen or settled person; civil partner or proposed civil partner of a British citizen or settled person; spouse of a British citizen or settled person; unmarried partner of a British citizen or settled person; same sex partner of a British citizen or settled person; or child or other dependant relative of a British citizen or settled person.
Applying for British citizenship
Forms AN and MN1
spouse of a British citizen;
CIPP Policy News Journal
16/04/2014, Page 64 of 519
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