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New Settlement Laws And Ancestry/leave To Remain


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#1 Kristen Lee

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Posted 25 June 2015 - 11:08 PM

I just read about the £35,000 threshold coming into place in 2016. I am a small business owner and I don't believe I earn this amount. I could potentially be wrong as I run it as a partnership, so even though I am not paying myself all that much, we do put the profits back into the business and we do save money through the business, so after my accountant does the businesses taxes this year, I *may* be ok HOWEVER, if I am not....what does this mean for me?

 

History: I moved to the UK in 2004 and lived here until September 2009. We did NOT go for ILR in that time because for family reasons but also my husbands' employer in the UK had him set up the business in the APEC region, we went back to Australia. While we were over here was also when the law changed from being 5 years to essentially 6 (5 years on the Ancestry Visa and then 1 year ILR before applying for citizenship, and so after we spent 4 years here, we were given 'Leave to Remain' instead'. Fast forward to 2012 and we moved back to the UK. From what I understand, we have to start our 5 years again because we were gone for more than 180 days----unless because my husband was working for the same company but just in Australia, that could be an exception to the 180 days limit? Advice?

 

In any case, my husband earns over the £35,000 threshold but what does that mean for me? We are planning on buying a home soon and starting a family (which has the potential to limit my pay as I am also a sports coach). But I am very concerned about being deported!!! Can anyone tell me what this will mean for me?





#2 Kristen Lee

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Posted 25 June 2015 - 11:44 PM

Hmmm....upon some more research....does this new law only apply to those who are here on Skilled Work Migrant visas? Most articles I have found only talk about 'job' related visas.



#3 pozsonyi

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Posted 27 June 2015 - 08:04 AM

The £35k salary threshold only applies to Tier 2 General and Sportsperson migrants who apply for settlement  between 6 April 2016 and 5 April 2018. This is not a new rule, it was announced a few years ago, the media only picked it up recently because of the ongoing political debate about immigration.






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