Solution for Margaret on how to secure a visa for a non-EEA spouse if the British sponsor earns below £18,600.

By 1st 4Immigration - #1 UK Immigration Experts -
The article below, dated last year (but the visa Rules are still the same) was about Margaret, a British woman from Wales, who couldn’t bring her Tunisian husband to the UK because of the Spouse visa rules introduced on 9 July 2012. The Rules require a minimum income of £18,600 per year while Margaret’s salary as a legal secretary was £13,500. Margaret was in a solid employment for the last 10 years, in a respectable occupation in the region where it is not easy to secure a job paying £18,600.
Article link: http://www.migrantsrights.org.uk/blog/2014/06/18600-income-requirement-pricing-uk-workers-out-family-life

Based on the Rules, here is what would have been a possible solution. As immigration professionals (regulated by the OISC), we work with spouse visa applications on the daily basis, with a 100% success rate so far.

At this stage, initial application from outside the UK, only the British spouse’s income from employment can be taken into account, so we would suggest Margaret to find a 2nd job, such as on the weekends. Any type of work, just to make up the difference between £18,600 and £13,500. After 6 months she can sponsor her Tunisian husband for a UK Spouse visa, meeting the Financial Requirement on the basis of “working for the same employer in the UK for the last 6 months”. In this case it would be 2 employments but it is permitted by the Rules. Margaret doesn’t have to stay in the 2nd job after her husband has secured his visa. A Spouse visa allows working in the UK, so once the husband arrived here, he could also work. At the next visa stage – extension for further 2.5 years – the couple can combine their incomes to meet the £18,600 threshold, which is achievable even if both are working were to earn no more than the minimum wage. If the husband happens to earn at least £18,600 pa then only his income alone can be counted at the next visa stages.

Another alternative would be for Margaret’s family to help, if they can find savings of £28,750  (£18,600 - £13,500 = £5,100 the difference, so need savings of £5,100 x 2.5 +£16,000 = £28,750). This amount of £28,750 has to be transferred to Margaret’s own account and held for 6 months, then she will meet the Financial Requirement and will be able to bring her husband to the UK. Savings can also be on the husband’s account or on several accounts belonging to the couple.

Yes, it means 6 months of waiting but it also means there will be a clear point in the future when a foreign spouse can finally arrive in the UK to be with his wife; this will make planning easier.

As for the English language, it only requires the most basic A1 level in Speaking and Listening, which is not a problem for a basic speaker (especially if the couple communicate only in English). If you were told it was a higher, B1, level, we have a post on our Blog explaining why there was a confusion and that there were 2 meanings of the term “settlement”: http://1st4immigration-visas.blogspot.co.uk/2014/02/english-for-spousepartnerfiancee-visa.html

As for the Life in the UK Test, that’s only for permanent residency after 5 years in the UK.

For a professional advice or a UK visa application please visit 1st 4Immigration website www.1st4immigration.com or email info@1st4immigration.com or visit our Blog: http://1st4immigration-visas.blogspot.co.uk/
 

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you...
Read more

🇬🇧 Spouse vs Fiancée visa: pros and cons

By -
Image
    How are they different? What are advantages of each of them? Our helpful table below gives you the visa options for partners of UK citizens. Spouse visa (including civil partners) Fiancée visa Marital status Have to be married (or get married) and apply for a UK visa as a Spouse. Can come to the UK, get married within 6 months and then apply for a Spouse visa. Where to apply? Can apply outside the UK, in a country where a foreign spouse lives or works (but not visiting). Can switch inside the UK from most categories. Only outside the UK This includes a situation where the current UK visa allows switching to a Spouse visa but the couple has to take the Fiancée route (such as if they need time to meet the Financial Requirement). Duration of the visa 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years. 6 months, then Spouse visa for 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years on Spouse visas only ...
Read more

UK Visas and Immigration plans to go paperless in 2018. If it works, family visas – for spouses, partners, children etc – will be submitted online instead of the current paper forms and supporting documents.

By 1st 4Immigration - #1 UK Immigration Experts -
Image
How do we know? We, 1 st 4Immigration Ltd,   were chosen by the UKVI to take part in a survey to provide a feedback on the upcoming system. We are very honoured! As can be seen on the Home Office letter (pictured), we were selected as one of only approximately 50 firms in the whole country, following the request of the Home Office to the OISC. We had a visit from 2 Home Office officials in November 2017. What a great day and what a productive visit! The officials informed us they had been trying hard to promote the online application process for in-country applications, such as FLR(M) for spouses and partners of UK citizens. The online applications have existed for entry clearance (when applying outside the UK) for many years now. Yet the in-country online application process has so far been relatively unknown and unused. It can be found here: https://visas-immigration.service.gov.uk/product/family-routes At the moment most FLR(M) and FLR(FP) applications ar...
Read more