On 9th July 2012, a wave of new changes to the UK Immigration rules relating to family migration were introduced.  The reforms aim to restrict the ability of non-European Economic Area (EEA) migrants to enter or remain in the UK under the family migration route, and to curtail the use of Article 8 of the European Convention on Human Rights (ECHR) which deals with the right to respect for private and family life.
 

This summary focuses on British citizens or settled persons who wish to sponsor their non-EEA spouse, civil partner, unmarried partner or fiancé. 

Among the most prominent changes to the rules is the new minimum income requirement, which stipulates that a minimum income threshold of £18,600 per annum must be met in order for the British citizen or settled person to sponsor their non-EEA migrant partner.  Further, the income threshold is higher if there are children who are also being sponsored.  An additional £3,800 is required for the first child and a further £2,400 for each child thereafter.  The sponsor’s income can be calculated from a number of sources, including specified employment or self-employment income and specified non-employment income.
 

If the minimum income threshold is not met through the sources of income specified, the Home Office have set out a formula to calculate the shortfall, depending on the total income, which must then be covered by a certain amount of savings.  For example, if a person has a total of £15,000 income they would be required to have £25,000 in savings.
 

In order to test the genuineness of relationships, before non-EEA migrant partners may apply for settlement, the new UK Immigration rules specify a minimum probationary period of 5 years, as opposed to the 2 years as it stood prior to the rule changes on 9th July 2012.
 

Where a migrant is not able to meet the new financial requirements, but where removal would breach their article 8 rights, a 10-year route to settlement has been established.
 

These changes reflect the government’s focus on reducing net migration from the ‘hundreds of thousands’ to ‘tens of thousands’ by 2015.