Settlement visa requirement of £18,600.00 and the Working Time Directive.

The request was partially successful.

Dear Home Office,

Did the home secretary or other senior official seek legal clarification on the legality of the new rules for family settlement with regards to the minimum financial requirement of £18,600.00 and how this could be affected by the Working Time Directive?

If a person earns the minimum wage, they earn £6.19 per hour (if over 21). This means on minimum wage a person must work 250.4 hours each month, broken down over 4 weeks being 62.60 hours each week. The Working Time Directive clearly states that a person cannot be compelled to work more than 48 hours unless they agree and that there can be no detriment for not agreeing. This was included into UK law with the Working Time Regulations 1998.

Has the Home Office confirmed that being denied a family life for not working more than 48 hours per week is not considered detrimental to the British sponsor?

Does the Home Office consider the rejection of a settlement visa for the family member or spouse of a British citizen to be detrimental to the British citizen?

Yours faithfully,

Sean Ryan

FOI Requests, Home Office

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Dear FOI Requests,

My request for information regarding the settlement visa requirement of £18,600.00 and the Working Time Directive is now late.

Could you please respond?

Yours sincerely,

Sean Ryan

FOI Requests, Home Office

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Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Settlement visa requirement of £18,600.00 and the Working Time Directive.'.

I am simply asking for someone to confirm whether or not the home secretary or other senior official sought legal clarification on the legality of the new rules for family settlement with regards to the minimum financial requirement of £18,600.00 and how this could be affected by the Working Time Directive?

Could you please respond with an explanation how this information has yet to be provided? Surely, a simple yes or no answer could be found through official channels.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/se...

Yours faithfully,

Sean Ryan

FOI Requests, Home Office

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FOI Requests, Home Office

Dear Mr Ryan

 

Ref: 25844

 

Thank you for your email of 04/03/13 in which you ask for an internal
review of our response to your Freedom of Information request of 11/01/13.

 

We will aim to send a full response by 03/04/13 which is twenty working
days from the date when we received your Time-Complaint (Internal Review)
request.

 

The Time-Complaint (Internal Review) will be carried out by R.Patel. If
you have any questions then please do not hesitate to contact FOI Requests
using the above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

 

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Information Access, Home Office

1 Attachment

Dear Mr Ryan,

 

Please find attached response to your email of the 3 March 2013 requesting
Internal Review Time complain for your request of the 19 December 2012.

 

 

Regards

RPatel

 

 

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Ganesh Sittampalam left an annotation ()

Given that the original message of 19th December received an auto-acknowledgment from the Home Office, they have clearly received it.

Our own email logs also show that the request was successfully delivered to their email servers.

Ganesh - WhatDoTheyKnow volunteer

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Settlement visa requirement of £18,600.00 and the Working Time Directive.'.

I sent a request for information on 19 December 2012, so far this information has not been provided. The question I asked was simply:

Did the home secretary or other senior official seek legal clarification on the legality of the new rules for family settlement with regards to the minimum financial requirement of £18,600.00 and how this could be affected by the Working Time Directive?

As an example, the home office employs admin clerks for around £15,000.00 per year. Other government departments also employ many thousands of people for much less than £18,600.00 per year. So in order to be compliant with the Working Time Directive I need to know if the Home Office confirmed that being denied a family life for not working more than 48 hours per week is not considered detrimental to the British sponsor?

Or is the government as an employer exempt from this law?

If no legal advice was sought before the rule changes then a simply reply advising of such is all I require.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/se...

Yours faithfully,

Sean Ryan

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

 

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FOI Requests, Home Office

Sean Ryan

Thank you for contacting the Home Office, in which you ask for an internal review of your Freedom of Information request

We will aim to send you a full response by 18/06/2013 which is twenty working days from the date we received your request.

The internal review will be carried out by L Galarza (ref 26687). If you have any questions then please do not hesitate to contact us.

Thank you

FOI Requests
Home Office

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FOI Responses, Home Office

1 Attachment

Dear Mr Ryan

 

Thank you for your email of 3 March 2013, providing a link to your request
of 19 December 2012 in which you asked for information on the legal advice
sought on the minimum income threshold for sponsoring a spouse or partner
under the Immigration Rules.  Your request has been handled under the
Freedom of Information Act 2000 (‘the Act’). Please find attached our
response

 

Yours Sincerely

 

Information Access Team

 

 

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Information Access, Home Office

1 Attachment

Dear Mr Ryan

 

Please find attached the response to your internal review – time
complaint.

 

Regards,

 

L. Galarza

Information Management Services

 

 

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