On 11 June 2012 the Government announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The changes came into effect for new applicants from the 9th July 2012 and were a response to the pressure on the government to reduce the number of immigrants. The expectation of the Home Office was that the changes would significantly reduce the number of family visas. The full details of the changes are available on UKBA’s website.
An All-Party Parliamentary Group (APPG) Family Migration enquiry was launched on 20 November 2012 to explore the impact of the new rules and their report was released yesterday. The main focus of the enquiry was on the following point:
The new minimum income requirement of £18,600 for British nationals and permanent residents (‘UK sponsors’) seeking to sponsor a non-EEA spouse or partner, rising to £22,400 to sponsor a child in addition and a further £2,400 for each further child included in the application; and the new rules on sponsorship of non-EEA adult dependents applying to come to the UK.
Over 280 submissions were received by the inquiry committee, including over 175 submissions from families who had been adversly affected by the rules. Charities, lawyers, local authorities, businesses and MPs submitted written evidence.
The key official findings are:
- Some British citizens and permanent residents in the UK, including people in full-time employment, have been separated from a non-EEA partner and in some cases their children as a result of the income requirement.
- Some British citizens and permanent residents have been prevented from returning to
the UK with their non-EEA partner and any children as a result of the income requirement.
- Some children, including British children, have been indefinitely separated from a non-EEA parent as a result of the income requirement.
- The current permitted sources in order to meet the income requirement may not fully
reflect the resources available to some families.
- The adult dependent relative visa category appears in effect to have been closed.
In general it is the rigid enforcement of the rules that is the problem. The proposed migrant’s salary cannot be taken into account when calculating the £18,600 even if they have a high salary. In practical terms it means that people with a right to live here cannot bring their high earning partner to live with them if they themselves are not working. They may be looking after their children and have no plans to work or to become a drain on the public purse. If their children were born in a non-EEA country and require a visa the bar to entry is set even higher. The UK misses out on the skills of the ‘dependent’ migrant and the income tax revenue from their high salary. Some people have had to claim benefits when that was never their plan and their children are then growing up in a low income one parent family. In parts of the UK average income levels are well below £18,600 and so that level of income is then not achievable.
The APPG Migration Group had this to say
We urge Government to consider the emerging evidence about what must be the unintended consequences of these rules, and hope they will agree the need fully to review whether, one year on from their introduction, these rules have struck the right balance between different interests.
Increasingly young people are working abroad as part of their career development and when starting a personal relationship are probably not thinking about the complexities of immigrations systems. It would be odd if they were. In the first flush of romance they are more likely to believe that love conquers all.
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Strictly, you are UK tax resident for the whole of a tax year when you are UK resident for any part of it. But, if you leave or come to the UK partway through a tax year, HMRC operates a concession under which the year may be split (Extra-Statutory Concession A11). (more…)Continue reading
While day-counting alone may not disprove UK tax residence, it is certainly important for anyone who wants to be considered non-resident for tax purposes. (more…)Continue reading
While you will always be classed as UK resident if you are in the country for 183 days or more during a tax year, avoiding the 183 day threshold, and even avoiding the 90 days / year averaged over 4 years threshold, is not enough to prove non-residence. (more…)Continue reading
If you are a foreign national and you are coming to the UK to work on Contracts it is important to understand how the UK Taxation System will affect you if you. (more…)Continue reading
If you are a UK National (and are UK Domiciled) it is important to understand how the UK Taxation System will affect you if you are considering leaving the UK / working abroad. (more…)Continue reading
If you are thinking about (1) Coming to the UK to work as professional Contractor, OR (2) Planning to work as a professional Contractor abroad, you need to know how UK Tax Residence and Domicile will affect what you pay. (more…)Continue reading
If you’re on a temporary work visa (such as Tier 1 General or Tier 2 General), and yearn to be a pure freelancer (not always the best option!), you will be looking forward to the day that you can consider contracting after ILR is achieved as it means you will be on the same playing field as all of the other highly skilled British Contractors who operate Contractor Limited Companies.
A Contractor Limited Company can represent a good way to make the most out of working as a professional contractor in the UK. The 13.8% Employers National Insurance saving means that you could add a significant amount to your monthly retention when considered vs a PAYE option, but the benefits are list unless you avoid MSC legislation, which generally means taking on a significant administrative burden.
To find out more about securing Indefinite Leave to Remain and working as a highly skilled Contractor call Commonwealth Contractors now on 0330 390 9021 or Submit your Details and we will get right back to you!
Contracting Solutions and Work Visa Applications
When on a temporary work visa such as Tier 1 General (formerly the HSMP) you need to place more importance on qualifying for a visa extension or ILR that improving your net retention by using a tax efficient contractor solution.
Over the years many of those who have used a tax efficient contractor solution have failed to qualify for a visa extension. If you have already done 2-3 years this can be potentially devastating. Tier 1 General Extensions
Working in Europe
Once you have secured Indefinite Leave to Remain you no longer have to worry about breaking your run for permanent residence (i.e. a break is considered to be any more that 90- days in any one year) and can therefore work for longer periods of time in other areas of the EEA where required (you may be able to do this via a Vander Elst Visa).
Please note however that if you spend an extended period of time outside of the UK (more than 2 years) you will lose your ILR status and also if you are planning on applying for British Citizenship you need to be based in the UK to qualify.
Securing Tier 2 Work Permit Sponsorship
Are you a highly skilled IT, Engineering, Financial Services Professional? Would you like to work in the UK on a Tier 2 General Visa?
At Commonwealth Contractors we partner with Tier 2 Licensed Employers & Consultancies who may be prepared, where required, to sponsor an individual on a Tier 2 General Visa.
To find out more call Commonwealth Contractors now on 0330 390 9021 or Submit your Details and we will get right back to you!
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To find out more about our solutions call now on 0330 390 9021 or Submit your Details and we will get right back to you!Continue reading
After you have spent a certain period of time in the UK (generally 5 years for skilled workers) you can normally apply for Indefinite Leave to Remain (also known as Permanent Residence). Following a further 1 year it is normally possible to apply for Naturalisation as a British Citizen and then a UK Passport. (more…)Continue reading