Extending the probationary period before partners can apply for settlement

The government announced on 13th July, 2011, it has launched a 12-week consultation on family migration.  Its key proposals include:

• introducing a minimum income threshold for sponsors of partners and dependants;
• extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years;
• requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement;
• defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages;
  exploring the case for making 'sham' a lawful impediment to marriage in England and Wales;
• reviewing the full right of appeal for family visitor visas;
• to seek clarity about the circumstances in which the public interest will outweigh an individual’s Article 8 rights.