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Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 9:02 am
by Lynsab
For those expats interested ( we have friends abroad in this situation) this ruling is expected today...

The Supreme Court is to rule on whether an income barrier stopping thousands of British citizens from bringing a foreign spouse to the UK is lawful.
As of 2012, Britons must earn more than £18,600 before a husband or wife from outside the European Economic Area (EEA) can settle in the UK.
Critics claim 15,000 children have been separated from parents because of it.
The rule was introduced by the former coalition government to stop foreign spouses becoming reliant on taxpayers.
If the government loses, thousands of couples who currently live outside the UK could move to Britain.....


More here....http://www.bbc.co.uk/news/uk-39042445

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 10:44 am
by merchant_banker
I hope the government wins.

The rule was implemented for a good reason

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 11:05 am
by geoffreys
merchant_banker wrote: Wed Feb 22, 2017 10:44 am I hope the government wins.

The rule was implemented for a good reason

Absolutely right, and after Brexit it will apply to EU Nationals also.
Geoff.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 11:38 am
by PhotoLady
Totally agree Hudswell....

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 11:45 am
by Cogs123
Well said Hudswell.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 12:29 pm
by Lynsab
There are a number of British expats in Cyprus married to non eu spouses that write on the forums who may have a different opinion regarding this especially given they will soon be loosing their EU citizenship and Cyprus has different rules regarding immigration then.

Unfortunately the ruling has been upheld.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 12:33 pm
by Uncle D
Lynsab wrote: Wed Feb 22, 2017 12:29 pm There are a number of British expats in Cyprus married to non eu spouses that write on the forums who may have a different opinion regarding this especially given they will soon be loosing their EU citizenship and Cyprus has different rules regarding immigration then.

Unfortunately the ruling has been upheld.
There are a number of British expats living in Cyprus, who seem happy about this decision.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 12:58 pm
by geoffreys
Uncle D wrote: Wed Feb 22, 2017 12:33 pm
Lynsab wrote: Wed Feb 22, 2017 12:29 pm There are a number of British expats in Cyprus married to non eu spouses that write on the forums who may have a different opinion regarding this especially given they will soon be loosing their EU citizenship and Cyprus has different rules regarding immigration then.

Unfortunately the ruling has been upheld.
There are a number of British expats living in Cyprus, who seem happy about this decision.
Yes and I am one of them.
Very pleased their Lordships have again come up with the right answer.
Eventually all these scroungers will get the message that UK is no longer a "soft touch".
Everybody knows that the system as it was pre-2012 was abused - many so called spouses were just arranged marriages.

Those that are genuine should not be allowed to be a burden on the UK taxpayer; just like in Cyprus where you
have to prove financial independence before you can settle here - and we are EU Citizens! All coming to Cyprus have to meet those financial rules, EU or non-EU.
Geoff.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 1:39 pm
by Lofos-Jan
Although Geoff, that's only for retirees or non employed persons. You don't have to prove any income whatsoever other than your salary if you are working here when you apply for your yellow slip and a minimum wage of €500/month would get you your yellow slip. Your EU spouse would then apply under the non EU application procedure although I am not sure if there is an income limit then applied for their application or whether your spouse being a yellow slip holder is enough?

Jeanne

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 1:49 pm
by Lofos-Jan
I do believe the spouse should be in work but as Hudswell says, the limit is stupid as it precludes those on the minimum wage. There are millions on that wage (projected to be over 3 million by 2020) which means that they are being wholly discriminated against under this stupid rule. Why is someone earning £16,000 less entitled to marry and live with a non EU citizen than someone earning £18,600?

Jeanne

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 2:22 pm
by PhotoLady
But there could be a rethink on the figures perhaps now, after the comments from the Supreme Court upon their ruling...

Delivering their judgement, the justices said the government's rules had the "legitimate" aim of ensuring "that the couple do not have recourse to benefits and have sufficient resources to play a full part in British life".
But they said the rules fail because they do not treat "the best interests of children as a primary consideration".
They said how the rules are implemented should take more account of alternative sources of income, aside from just benefits and salaries.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 3:14 pm
by Uncle D
geoffreys wrote: Wed Feb 22, 2017 12:58 pm
Uncle D wrote: Wed Feb 22, 2017 12:33 pm
Lynsab wrote: Wed Feb 22, 2017 12:29 pm There are a number of British expats in Cyprus married to non eu spouses that write on the forums who may have a different opinion regarding this especially given they will soon be loosing their EU citizenship and Cyprus has different rules regarding immigration then.

Unfortunately the ruling has been upheld.
There are a number of British expats living in Cyprus, who seem happy about this decision.
Yes and I am one of them.
Very pleased their Lordships have again come up with the right answer.
Eventually all these scroungers will get the message that UK is no longer a "soft touch".
Everybody knows that the system as it was pre-2012 was abused - many so called spouses were just arranged marriages.

Those that are genuine should not be allowed to be a burden on the UK taxpayer; just like in Cyprus where you
have to prove financial independence before you can settle here - and we are EU Citizens! All coming to Cyprus have to meet those financial rules, EU or non-EU.
Geoff.
Yet, you tar them all with the same brush

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 3:44 pm
by Kili01
I agree with Uncle D's post. People need to be able to stand on their own feet in the UK. Certainly not to arrive expecting a right to benefits and other govt handouts. Cyprus's system of ensuring that all those arriving to live in Cyprus have adiquate means to support themselves and their families is the way to go.
This is especially true now with constant news from the UK of a lack of resources to treat patients in the NHS, and a shortage of funds to pay for care in the community for old people to name just two. Dee

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 4:37 pm
by geoffreys
Uncle D wrote: Wed Feb 22, 2017 3:14 pm
geoffreys wrote: Wed Feb 22, 2017 12:58 pm
Uncle D wrote: Wed Feb 22, 2017 12:33 pm

There are a number of British expats living in Cyprus, who seem happy about this decision.
Yes and I am one of them.
Very pleased their Lordships have again come up with the right answer.
Eventually all these scroungers will get the message that UK is no longer a "soft touch".
Everybody knows that the system as it was pre-2012 was abused - many so called spouses were just arranged marriages.

Those that are genuine should not be allowed to be a burden on the UK taxpayer; just like in Cyprus where you
have to prove financial independence before you can settle here - and we are EU Citizens! All coming to Cyprus have to meet those financial rules, EU or non-EU.
Geoff.
Yet, you tar them all with the same brush
Yes, just as the Republic of Cyprus does: EU Citizens or non-EU Citizens they are all aliens.
Geoff.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 4:38 pm
by geoffreys
PhotoLady wrote: Wed Feb 22, 2017 2:22 pm But there could be a rethink on the figures perhaps now, after the comments from the Supreme Court upon their ruling...

Delivering their judgement, the justices said the government's rules had the "legitimate" aim of ensuring "that the couple do not have recourse to benefits and have sufficient resources to play a full part in British life".
But they said the rules fail because they do not treat "the best interests of children as a primary consideration".
They said how the rules are implemented should take more account of alternative sources of income, aside from just benefits and salaries.
Rethink of the figures: you must have £40K income....
OK??
Geoff.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 6:54 pm
by Dominic
Hudswell wrote: Wed Feb 22, 2017 5:14 pm
Kili01 wrote: Wed Feb 22, 2017 3:44 pm I agree with Uncle D's post. People need to be able to stand on their own feet in the UK. Certainly not to arrive expecting a right to benefits and other govt handouts. Cyprus's system of ensuring that all those arriving to live in Cyprus have adiquate means to support themselves and their families is the way to go.
This is especially true now with constant news from the UK of a lack of resources to treat patients in the NHS, and a shortage of funds to pay for care in the community for old people to name just two. Dee
You miss the point, these are spouses of UK citizens who wish to reside and work in the UK with there spouses and families..and yes of,course they need to support themselves but the current law,is inflexible, inhuman and wrong. And Geoff, as a sponger on the UK society perhaps you should be a little more understanding, because if people are not paying into the system, guess what you ain't going to benifit from your state pension.
Are you really saying that pensioners are spongers?

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 7:46 pm
by Mark
merchant_banker wrote: Wed Feb 22, 2017 10:44 am I hope the government wins.

The rule was implemented for a good reason
A good result, and I for one hope it sticks.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 7:52 pm
by Mark
Hudswell wrote: Wed Feb 22, 2017 7:36 pm Sponger...a little,tongue in cheek Dom, I took,some offence from Geoffs comments which suggests that all people wishing to, come and live in the UK do so for benefits culture,which is simply bo****ks. Whilst it is true that if you pay into the system, well actually even if you don't🙄You will, receive a state pension,or benefits, it is not a pot of gold that you have paid into and now are drawing on....it is the people, in work today that are paying their taxes that are effectively enabling a state pension, or any other benefit to be paid...they are in effect supporting you...some may say a state pension is a right, but someone has to pay for it..but wake up, it comes out of the same benefit pot. The more people that are contributing to the wealth of the nation the better, if those people are non uk spouses of British citizens...every little bit helps!
A state pension is a right, paid for by many years ( in most cases) of hard work. It should not be classified as a benefit. This criteria for entry to the UK was introduced to prevent the abuse of the welfare state, which was prevalent.

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 8:32 pm
by Jim B
Hudswell

As much as I understand what you're trying to say, you're wasting your time; this law supports the wealthy which most of those who support it seem happy to tug on their forelocks to. If you have money you're OK, if you don't well sod you. You can be a wealthy Nigerian and get into the country but if you are British and starting off in life and meet the love of your life who just happens to be from a foreign country then you're screwed.
Geoffrey's I'm utterly surprised at you; I must say I expected better.

Mark, You can get a pension without doing a days work all your life, as long as you sign on of course so it's not down to hard work as to whether you get one or not

Jim

Re: Ruling due on foreign spouse income limit..

Posted: Wed Feb 22, 2017 8:47 pm
by Royal
Jim B wrote: Wed Feb 22, 2017 8:32 pm Hudswell

As much as I understand what you're trying to say, you're wasting your time; this law supports the wealthy which most of those who support it seem happy to tug on their forelocks to. If you have money you're OK, if you don't well sod you. You can be a wealthy Nigerian and get into the country but if you are British and starting off in life and meet the love of your life who just happens to be from a foreign country then you're screwed.
Geoffrey's I'm utterly surprised at you; I must say I expected better.

Mark, You can get a pension without doing a days work all your life, as long as you sign on of course so it's not down to hard work as to whether you get one or not

Jim
Good post!