UK ‘s New Family Visa Income Requirement Faces High Court Challenge

The policy initiated by British Prime Minister Rishi Sunak to increase the minimum income requirement (MIR) for family visas has come under scrutiny and is now being challenged in the high court. The new rule mandates applicants to earn £29,000 annually to bring a family member to the UK, a move critics argue disproportionately impacts children, women, and minorities, according to a report by The Guardian. UK Family visa income requirements

Announced last year, this policy aims to align the family visa salary threshold with that of the Skilled Worker visa, and it took effect on April 11. The change represents a significant jump from the previous requirement of £18,600, now up by 55% to £29,000 (approximately Rs 30,95,590 at current exchange rates).

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The Home Office defends this increase as a crucial part of Sunak’s strategy to curb legal migration and to ensure that newcomers do not become a financial burden on the state. Home Secretary James Cleverly remarked, “We have reached a tipping point with mass migration. There is no simple solution or easy decision which cuts numbers to levels acceptable to the British people.”

Reunite Families UK (RFUK), a non-profit organization dedicated to assisting families with UK spouse visas and raising awareness about immigration rule impacts, has sought a judicial review. RFUK claims the measure breaches the UN Convention on the Rights of the Child, as reported by The Guardian. The organization also questions whether the policy aligns with official Whitehall advice.

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Criticism and Ongoing Debate

The policy has faced significant criticism for its negative impacts on women, ethnic minorities, and young people, with RFUK arguing that it violates the Equality Act 2010, which protects individuals from discrimination in various aspects of society.

This policy adjustment has emerged amidst ongoing debates between Sunak and Labour leader Keir Starmer over immigration levels, with both political figures advocating for stricter immigration controls. The income threshold increase, which became effective in April, has reportedly led to numerous family separations, as many UK residents struggle to meet the new income criteria necessary to sponsor foreign spouses. Future increases are anticipated, with the MIR expected to rise to £38,700 (approximately Rs 41,31,486) next year. UK Family visa income requirements

Court documents are expected to argue that the policy contravenes the home secretary’s obligations under Article 3 of the UN Convention on the Rights of the Child, resulting in children being separated from their parents abroad. Caroline Coombs of RFUK expressed the community’s shock at the abrupt changes, especially during the ongoing cost of living crisis. “The increases came as a complete surprise to the community we represent – and at a time when people all over the UK have been struggling with a relentless cost of living crisis,” Coombs stated. “Whilst they have been working hard to earn and save enough to sponsor their partner, the government has punished them once again and for many, their dream of a family life together here has been shattered.”

Tessa Gregory, a partner at Leigh Day representing RFUK, criticized the decision-making process, calling it cavalier and lacking proper analysis. “Our client is appalled that a decision of such import appears to have been taken by the home secretary in such a cavalier manner: without proper analysis, and in breach of critical public law duties such as assessing the impact of the decision on protected groups,” Gregory remarked.

Despite Reduced Immigration, Sunak Increases MIR

Prime Minister Sunak announced the MIR increase in December, under pressure from the Conservative party’s right wing due to rising net migration figures. Data from the Office for National Statistics (ONS) shows a 10% decline in net migration to the UK in 2023, dropping to 685,000 from a peak of 764,000 in 2022. UK Family visa income requirements

While the Home Office has refrained from commenting due to purdah rules ahead of the general election, the Conservative party has defended the policy, asserting it ensures sponsors can financially support their families. The Labour Party has also shown broad support for the changes.

A family visa enables a British citizen or settled resident to bring a foreign partner or spouse, and potentially children, to live in the UK. The MIR, previously set at £18,600, was increased to £29,000 in April, with further hikes planned.

Disclaimer: This article is a rewritten version based on information from The Guardian. For more details, visit UK(msn.com)

Australia Raises Financial Capacity Requirement For Student and Student Guardian Visas

australia

The dream of studying in Australia just got a bit more financially challenging for international students and their guardians. In a recent update, as reported by MSN.com, the Australian Department of Home Affairs has announced an increase in the financial capacity requirement for those applying for Student and Student Guardian visas. This move, effective from May 10, 2024, aims to ensure that visa applicants can sustain a minimum standard of living while pursuing their education down under.

According to the official statement released on the Department of Home Affairs website, the updated requirement now aligns with 75 per cent of the national minimum wage. This adjustment reflects a more realistic estimation of the funds necessary to support oneself during periods of study, considering that students are out of session for approximately 25 per cent of the year. Whether returning home or seeking unrestricted work during these breaks, students must be equipped with adequate financial resources to meet their living expenses.

Here’s a breakdown of the minimum required funds before and after the recent update:

Financial capacity requirement before 10 May 2024Financial capacity requirement after 10 May 2024
Primary applicantAUD24,505AUD29,710
Spouse or de facto partner of the Student primary applicant (not applicable to Student Guardian applicant)AUD8,574AUD10,394
Dependent childAUD3,670AUD4,449
Annual school costsAUD9,661AUD13,502
Personal annual income if there is no member of the familyAUD72,465AUD87,856
Personal annual income where there is a member of the family unitAUD84,543AUD102,500

This adjustment reflects the Australian government’s commitment to ensuring that international students and their families can afford the cost of living while studying in Australia. By aligning the financial capacity requirement with a percentage of the national minimum wage, the authorities aim to maintain the country’s reputation as a welcoming and supportive destination for international students.

It’s essential for prospective visa applicants to take note of these changes and ensure they meet the updated financial criteria before submitting their applications. Failure to meet the financial capacity requirement may result in delays or rejection of the visa application.

For more detailed information and updates regarding Australian visa requirements, you can visit the official website of the Australian Department of Home Affairs at immi.homeaffairs.gov.au.

Disclaimer: The information provided in this blog post is based on publicly available sources, including the report from MSN.com, and is intended for general informational purposes only. While we strive to ensure the accuracy and reliability of the information presented, readers are advised to refer to official government sources or consult with qualified professionals for personalized guidance regarding visa applications and related matters.

Stay informed, stay prepared, and embark on your educational journey in Australia with confidence!

Seeking Guidance on Your Student Visa Application?

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Our experienced team is dedicated to assisting students like you in achieving their academic goals abroad. From understanding the latest visa regulations to ensuring your application meets all requirements, we provide comprehensive support every step of the way.

Contact MS Overseas Consultants today for free expert advice on your student visa application. Our knowledgeable advisors are here to answer your questions and guide you through the process with confidence.

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Understanding the Revised New Zealand Accredited Employer Work Visa Rules

New Zealand Work Visa Rules

In a major shift in New Zealand’s immigration policy, significant changes to the Accredited Employer Work Visa (AEWV) rules came into effect on June 26, 2024. These revisions target AEWV holders in roles classified under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) levels 4 and 5. This detailed guide delves into the implications of these changes, the exemptions, the application process, and the broader impacts on both prospective applicants and current visa holders.

new Zealand wok permit

Overview of the Changes

The recent updates to the AEWV rules signify a strategic overhaul of New Zealand’s visa policies. These changes are aimed at aligning visa categories, especially those concerning skilled migrant workers and their families, with the country’s evolving economic priorities and immigration goals. By revising the AEWV framework, the government aims to balance labor market demands with the management of skilled workers’ influx into New Zealand.

Key Changes in the AEWV Rules

As of June 26, 2024, AEWV holders in ANZSCO levels 4 and 5 roles face new restrictions on sponsoring visas for their partners and dependent children. Previously, AEWV holders could support their family members’ visa applications regardless of their role. Under the new rules, AEWV holders in these roles must now have a clear pathway to residency to sponsor family visas.

Impact on Family Visa Sponsorship

The updated rules stipulate that AEWV holders in ANZSCO levels 4 and 5 roles without a pathway to residency can no longer sponsor visa applications for their partners or dependent children. This change prioritizes residency pathways, ensuring those sponsored under the AEWV scheme have a viable route towards permanent settlement in New Zealand. This shift aligns the AEWV framework with the previous Essential Skills Work Visa structure, which also required a residency pathway for family visa sponsorship.

Exemptions and Special Considerations

Despite the stringent new rules, several exemptions aim to mitigate the impact on current visa holders and specific AEWV categories:

Current Visa Holders:

Those already holding visas as partners or dependent children under the previous regulations are unaffected by the new rules. Their existing visa status remains valid until its expiry, subject to renewal under the prevailing conditions at the time of application.

Residency Pathways:

AEWV holders in ANZSCO level 4 and 5 roles with a recognized pathway to residency, such as those on the Green List or covered under sector-specific agreements with residency provisions, are exempt from the new sponsorship restrictions. These pathways recognize their valuable contribution to New Zealand’s workforce and economy, allowing them to continue supporting family visas.

Income Threshold Exemption:

AEWV holders earning at least 1.5 times the median wage threshold for the Skilled Migrant Category are also exempt from the new restrictions. This exemption acknowledges their higher earning potential and their ability to financially support family members under New Zealand’s visa requirements.

Application Process for Family Visas

For AEWV holders seeking to sponsor visas for their partners or dependent children, meeting specific criteria is essential:

Income Requirements:

AEWV holders must demonstrate sufficient income to support their family members’ visa applications. The income threshold varies depending on the ANZSCO skill level of the holder’s occupation and is crucial in determining eligibility for sponsoring family visas.

Occupational Skill Level:

The ANZSCO skill level of the AEWV holder’s occupation significantly determines their ability to sponsor family visas. Roles classified under ANZSCO levels 4 and 5 require a pathway to residency for family sponsorship under the revised AEWV rules.

Visa Types:

Depending on eligibility criteria, AEWV holders may sponsor various types of visas for their family members, including work visas, visitor visas, or student visas. The type of visa available depends on factors such as the ANZSCO skill level, income level, and specific immigration requirements at the time of application.

Broader Implications for New Zealand’s Immigration Strategy

The changes to the AEWV rules reflect broader shifts in New Zealand’s immigration strategy. The focus is on enhancing residency pathways and ensuring that skilled migrant workers contribute to the country’s long-term economic growth. By aligning visa policies with economic priorities, the government aims to attract and retain skilled workers who can address labor shortages in key sectors while maintaining sustainable immigration levels.

frequently asked questions (FAQs) regarding the recent changes to the New Zealand Accredited Employer Work Visa (AEWV) rules:

What are the recent changes to the New Zealand Accredited Employer Work Visa rules?

Effective June 26, 2024, AEWV holders in roles classified under ANZSCO levels 4 and 5 without a pathway to residency can no longer sponsor visas for their partners or dependent children.

Who is affected by these changes?

Individuals holding Accredited Employer Work Visas in ANZSCO levels 4 and 5 roles without a residency pathway are directly affected by the new restrictions.

Can partners and dependent children still come to New Zealand under other visa categories?

Yes, partners and dependent children can apply for visas independently, such as an Accredited Employer Work Visa or an international student visa, if they meet the eligibility criteria.

Do these changes impact current visa holders?

No, individuals who already hold visas as partners or dependent children under previous regulations are not affected. Their visa status remains valid until renewal.

What are the exemptions to these new rules?

Exemptions include AEWV holders with a pathway to residency (e.g., Green List occupations) and those earning at least 1.5 times the median wage threshold for the Skilled Migrant Category.

How does income level affect family visa sponsorship?

AEWV holders must meet specific income thresholds to sponsor visas for their partners or dependent children, depending on their ANZSCO skill level.

Can AEWV holders still sponsor visitor or student visas for their family members?

Yes, depending on income and occupation skill level, AEWV holders may still sponsor visitor or student visas for their family members under certain conditions.

What is the ANZSCO skill level and how does it impact visa sponsorship?

ANZSCO skill levels classify occupations based on skill levels from 1 to 5. Visa sponsorship rules differ based on the skill level of the AEWV holder’s occupation.

Are there any changes to the application process for AEWV holders?

The application process remains largely unchanged, but AEWV holders must now ensure they meet residency pathway requirements to sponsor family visas.

How can AEWV holders determine if their occupation is on the Green List?

AEWV holders can check the Green List on Immigration New Zealand’s official website or consult with immigration advisors for the latest updates.

Will pending visa applications for family members be affected by these changes?

Visa applications lodged before June 26, 2024, will be processed under the previous regulations applicable at the time of application.

What steps should AEWV holders take to comply with the new rules?

AEWV holders should review their visa status, income levels, and residency pathways to ensure compliance with the updated regulations.

How often do these visa policies undergo changes?

Visa policies can undergo updates periodically to align with economic priorities and immigration strategies. It is advisable to stay informed through official sources.

Are there resources available to help understand these changes?

Yes, Immigration New Zealand’s official website provides comprehensive information, and immigration advisors offer personalized guidance tailored to individual circumstances.

What should prospective applicants consider before applying for an Accredited Employer Work Visa?

Prospective applicants should assess residency pathways, income requirements, and the ANZSCO classification of their intended occupation before applying for an AEWV

Conclusion: The recent amendments to the New Zealand Accredited Employer Work Visa rules mark a significant step towards refining the country’s immigration framework. While these changes may pose challenges for some AEWV holders, particularly those in ANZSCO level 4 and 5 roles without residency pathways, they underscore New Zealand’s commitment to managing immigration in a manner that supports economic growth and meets the evolving needs of its workforce. For more information contact us now .

Disclaimer

The information provided in this guide is based on current regulations as of June 26, 2024. Visa policies are subject to change, and readers are encouraged to consult official sources or immigration experts for the latest updates and personalized guidance tailored to their specific circumstances.

Source: www.financialexpress.com

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Schengen Visa Fees to be Increased from June 2024

Schengen Visa Fees to be Increased

The Schengen Visa, a vital travel document granting access to over 29 European countries, is set to become more expensive. Effective June 11, 2024, the fees for obtaining this visa will increase by 12%. Schengen Visa Fees to be Increased

Schengen Visa Fees to be  Increased

Updated Schengen Visa Fees

Starting June 11, 2024, applicants will face the following revised fees:

  • Adults: The fee will increase from €80 to €90 (approximately Rs 7,267 to Rs 8,175).
  • Children: The fee will rise from €40 to €45 (approximately Rs 3,633 to Rs 4,087).

Why the Increase?

The European Commission attributes the fee hike to inflation and average civil servant salaries in member states. Despite the increase, the Commission maintains that Schengen visa fees remain relatively low compared to other countries. For context, visa fees for the UK start at €134 (Rs 12,172), the US at around €185 (Rs 16,805), and Australia at €117 (Rs 10,628). Schengen Visa Fees to be Increased

Countries Covered by the Schengen Visa

The Schengen Area comprises most EU member states, excluding Ireland and Cyprus, and includes non-EU countries like Norway, Iceland, Liechtenstein, and Switzerland. Romania and Bulgaria are also included for land borders.

Who Needs a Schengen Visa?

Non-EU citizens who are not covered by the EU/Schengen Area’s 90-day rule require a Schengen visa. This includes travelers from countries such as South Africa, India, Pakistan, Sri Lanka, and China. The visa allows for tourism or family visits for up to 90 days within a six-month period but does not permit work.

Travelers from the US, Canada, the UK, and Australia can visit the Schengen Area visa-free for short stays (up to 90 days within any 180-day period). Longer stays or work visits require different visas from the destination country.

Reason for the Price Increase

Every three years, the European Commission reviews and adjusts Schengen visa fees based on inflation and average civil servant salaries. The current proposal for a 12% increase was made on February 2, 2024, following a December 2023 meeting where member states supported the revision.

External visa service providers are also allowed to increase their fees, with the maximum service fee rising from €40 to €45. The EU is considering even higher fees for countries that do not cooperate with the re-admission of expelled individuals, potentially increasing from €120 to €135 and from €160 to €180.

Impact on Travelers

This fee increase will significantly impact travelers, especially those from countries like China, Turkey, and India. In 2023, 10% of all Schengen visa applications came from these three nations, with a notable 43% increase in applications from India.

New Procedures for Indian Applicants

To accommodate the growing interest in European travel, the European Commission has introduced the ‘Cascade’ procedure for Indian applicants. This new system allows for multi-entry visas and extended validity. Indian residents can now apply for a two-year multi-entry visa after using two visas within the past three years and have the option to apply for a five-year visa, permitting stays of up to 90 days within any 180-day period. Additionally, Indian nationals can apply for Digital Schengen visas.

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Preparing for the Fee Increase

Indian nationals and other affected travelers should consider applying for their Schengen visas before the fee increase takes effect. Exploring alternative visa options may also provide more cost-effective solutions. Given the impending fee hike, it’s advisable to plan a budget for European travel and stay informed about any further changes to Schengen visa regulations.

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FAQs: Schengen Visa Fees to be Increased

When will the Schengen visa fee increase take effect?

The new Schengen visa fees will take effect from June 11, 2024. Applicants will need to pay the increased fees for any visa applications submitted on or after this date.

How much will the Schengen visa fees increase by?

The Schengen visa fees will increase by 12%. For adults, the fee will rise from €80 to €90 (approximately Rs 7,267 to Rs 8,175). For children aged 6 to 12, the fee will increase from €40 to €45 (approximately Rs 3,633 to Rs 4,087).

Why are the Schengen visa fees being increased?

The European Commission has cited inflation and average civil servant salaries in member states as the primary reasons for the fee increase. The adjustment is part of a regular review process conducted every three years.

Which countries require a Schengen visa for entry?

The Schengen visa is required for non-EU citizens who wish to visit any of the 29 countries within the Schengen Area, including most EU member states, Norway, Iceland, Liechtenstein, and Switzerland. It does not cover Ireland and Cyprus.

Do travelers from the US, Canada, the UK, and Australia need a Schengen visa?

No, travelers from the US, Canada, the UK, and Australia do not need a Schengen visa for short stays up to 90 days within any 180-day period. However, longer stays or work visits require different visas from the destination country.

How long can one stay in the Schengen Area with a Schengen visa?

A Schengen visa allows for stays of up to 90 days within a six-month period for purposes such as tourism or family visits. It does not permit work.

What are the new procedures for Indian applicants?

The European Commission has introduced the ‘Cascade’ procedure for Indian applicants. This system allows for multi-entry visas and extended validity. Indian residents can now apply for a two-year multi-entry visa after using two visas within the past three years, and they can also apply for a five-year visa.

Are external visa service providers allowed to increase their fees?

Yes, external visa service providers can also increase their fees. The maximum service fee they can charge will rise from €40 to €45.

What strategies can travelers use to avoid the higher Schengen visa fees?

Travelers can apply for their Schengen visa before the fee increase takes effect on June 11, 2024. Exploring alternative visa options may also provide more cost-effective solutions.

Will there be additional fee increases for certain countries?

The EU is considering higher fees for countries that do not cooperate with the re-admission of expelled individuals. For these countries, visa fees could increase from €120 to €135 and from €160 to €180.

Disclaimer: This article is for informational purposes only and reflects the latest updates regarding Schengen visa fees as of June 2024. Visa applicants should verify details from official sources and consult with relevant authorities for the most current information.

Navigating the Spouse Visa Application Process: Top 10 Countries and How to Apply

A spouse visa can be a crucial step for couples looking to live together in a new country. It enables spouses and partners to join their loved ones, facilitating reunions or new beginnings in a foreign land. However, the application process can vary significantly from country to country, with each having its own set of requirements and procedures. Understanding these intricacies is essential to ensure a smooth application process and successful outcome.

Understanding the Spouse Visa Application Process

The spouse visa application process typically involves proving the genuineness of your relationship, financial stability, and suitability of your accommodation. The required documents generally include:

  1. Proof of Relationship: Marriage certificate, civil partnership certificate, or proof of cohabitation.
  2. Financial Documents: Evidence of income such as bank statements, employment letters, and tax returns to demonstrate you can support yourselves.
  3. Accommodation Details: Evidence showing you have suitable accommodation for both of you.
  4. Language Requirements: Proof of proficiency in the country’s language, if applicable.
  5. Medical Examination: Certificate proving good health, which may include a medical check-up and certain vaccinations.

Each country has specific requirements and processing times, so it’s crucial to start your application well in advance of your planned move.

Top 10 Countries for Spouse Visa Applications

Choosing the right country for your spouse visa application is crucial for a successful outcome. Here are the top 10 countries known for their straightforward and welcoming spouse visa processes:

  1. Canada
    • Visa Type: Spousal Sponsorship Program.
    • Requirements: Proof of relationship, financial stability, and medical examination.
    • Processing Time: Approximately 12-18 months.
    • Website: Canada Immigration.
  2. Australia
    • Visa Type: Partner Visa (Subclasses 820 and 801).
    • Requirements: Proof of relationship, financial capacity, and health check.
    • Processing Time: About 17-24 months.
    • Website: Home Affairs Australia.
  3. United States
    • Visa Type: CR-1 and IR-1 visas.
    • Requirements: Proof of relationship, financial stability, and medical examination.
    • Processing Time: Approximately 10-14 months.
    • Website: U.S. Citizenship and Immigration Services.
  4. United Kingdom
    • Visa Type: Spouse Visa (Family Visa).
    • Requirements: Proof of relationship, financial stability, and English language proficiency.
    • Processing Time: Around 2-3 months.
    • Website: GOV.UK.
  5. Germany
    • Visa Type: Family Reunion Visa.
    • Requirements: Proof of relationship, sufficient funds, and accommodation.
    • Processing Time: Varies but can take several months.
    • Website: Germany Visa.
  6. New Zealand
    • Visa Type: Partner of a New Zealander Resident Visa.
    • Requirements: Proof of relationship, health and character checks, and financial stability.
    • Processing Time: Approximately 12-15 months.
    • Website: New Zealand Immigration.
  7. Sweden
    • Visa Type: Residence Permit for Family Members of Swedish Citizens.
    • Requirements: Proof of relationship, means of support, and accommodation.
    • Processing Time: Varies but generally takes several months.
    • Website: Swedish Migration Agency.
  8. Norway
    • Visa Type: Family Immigration Permit.
    • Requirements: Proof of relationship, financial capacity, and accommodation.
    • Processing Time: Approximately 6-9 months.
    • Website: Norwegian Directorate of Immigration.
  9. Netherlands
    • Visa Type: Residence Permit for Family Reunion.
    • Requirements: Proof of relationship, sufficient funds, and accommodation.
    • Processing Time: Around 3-6 months.
    • Website: IND Netherlands.
  10. Denmark
    • Visa Type: Residence Permit based on Family Reunification.
    • Requirements: Proof of relationship, financial stability, and accommodation.
    • Processing Time: Approximately 7-10 months.
    • Website: New to Denmark.

How to Apply

Applying for a spouse visa requires careful planning and preparation. Here are the general steps to guide you through the process:

  1. Gather Documents: Collect all required documents, ensuring they are up-to-date and meet the country’s specific requirements.
  2. Submit Application: Submit your application online or through the relevant embassy or consulate.
  3. Attend Interviews: Some countries require interviews to assess the authenticity of your relationship.
  4. Await Decision: Wait for the immigration authorities to process your application and make a decision.
  5. Receive Visa: Once approved, you will receive your spouse visa, allowing you to join your partner in the country.

Contact Us

Navigating the spouse visa application process can be complex, but with careful planning and preparation, you can increase your chances of success. If you need assistance with your spouse visa application, feel free to contact us . Our experienced team can guide you through the process and help make your dream of living together in a new country a reality.

Applying for a spouse visa is a significant step in your journey together, and we are here to support you every step of the way. Don’t hesitate to reach out to us with any questions or concerns. Your future together starts here!

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