Victor Meldrew

I've just been to the Dubai based UK Embassy. They don't have any visa department/staff there any more. They told me to call VFS, but I explained that they don't know much more than the common person - they just process the visas.

The Dubai Embassy gave me the number for the UK embassy in Abu Dhabi where they do have a visa section. I called them, and to be brief they said thay can't give any advice about individual cases, only advice about the application process. I asked the following questions, raised the following issues:

Is there absolutely no leeway on the specific requirements eg if I had a job earning £18,599 pa - No

There is no allowance for individual circumstances eg if you own a house, if your non EEA spouse has savings/a job, if you have been married for 20 years - No

Is there any likelihood that there will be changes in the future to take into account individual circumstances (many of which have been illustrated on this thread) - No

So, if I do not meet the requirements exactly I either have to live overseas with my wife or I have to live in UK whilst she lives overseas - yes

Don't you think this is more than slightly unfair and Draconian - I can't comment.

Is there anything I can do to raise the issue - write to UKBA or the Home Office or your constituency MP.

Not very encouraging - back to the drawing board

jezza1000

Too be fair to the ECO or whoever you spoke to, they're just doing their job. Doesn't mean they have to agree with the rules (believe me, most of my ECO colleagues don't) but they have no choice but to comply with them.

As for whether there will be changes in the future, that's not for a visa officer to comment on either, because quite simply put they don't know. That's down to the government. What I will say though, from personal experience, is when changes have been implemented in the past we are asked our opinions about them. And ECOs are very honest and will say if the think something is wrong and will offer alternatives. And that information does get cascaded up. It's just a shame that ECOs are not asked for their views BEFORE changes are made. The problem with these new rules is that the ECO no longer has any discretion when it comes to issuing or refusing. Even if they can see an applicant is credible, decent and wouldn't be a burden on the country etc, they can only work within the rules. All powers of discretion went out the window when these changes were introduced.

gmralston

As far as know the applicants savings are taken into account as well as the sponsor's.

jezza1000

Savings, yes. Income no.

Hotscot

I know I'm coming to this late in the day.

I'm a British citizen living in the US with American wife. Want to retire back in Scotland. Is there some new rule making this harder?
We're retiring, not looking for another job although we expect to have significant saving/investments in IRA's/401K's/SS etc

WEBlue

Yes, the rules changed last July. For some it has definitely become harder.
http://www.ukba.homeoffice.gov.uk/si.../15-family-mig

The specifics of the new financial requirements:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Hotscot

Thank you. Looks like we'll be ok with our retirements savings although bummer it now takes five years to gain permanence.

However I do absolutely sympathise with those in a financial predicament, and here I thought those with a valid loving stable marriage would have no problem.

The specifics of the new financial requirements:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary[/QUOTE]

yangzhou

Hi all, new to this forum.

Been searching for all the relevent information but head is absolutely all over the place with regards to settling back in the UK with the wife. The official website for a start is a mess and no help whatsoever. It just seems to offer no actual advice or guides.

Anyway, I have lived/worked in China now for over 3 years. I recently got married out here and we are expecting our first little'n in Feb. We've recently started seriously thinking about relocating back to England in around 3 years time. I didn't think this would be as complicated as it sounds, though we just went over for 3 weeks and even getting the family visit visa was a big hassle, so I should've known.

Anyway, a couple of things are different to the norm with our circumstances, especially since most of the stuff on the UKBA website seems applicable to British nationals in the UK and wives outside. Firstly, we are (well she is) self-employed. She has her own company, from which we run an English school. I initially met her as my boss but you know, one thing leads to another and all that. So if we were to move back, it was planned that we'd go back and set up some sort of business. Which is a stumbling block as I wouldn't be able to prove I could support her by earning £18k+. What if I was earning the required amount but from a Chinese company (ie our own) but paid into a Chinese account. On the other hand, we plan to take over around £100k in savings if we do go back, which would mostly be her own money. Would this have any influence on the visa?

I realise I'm rambling a bit and might not have explained myself very well, but would love a bit of advice.

Hotscot

"What if I was earning the required amount but from a Chinese company (ie our own) but paid into a Chinese account. On the other hand, we plan to take over around £100k in savings if we do go back, which would mostly be her own money. Would this have any influence on the visa?"


I'm in somewhat a similar situation, when we move I don't necessarily want a job but I will have substantial retirement assets.

From reading the past few links it looks like you'll be ok with that level of savings and also I believe the income from the Chinese company is admissible.


The specifics of the new financial requirements:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

If I'm wrong someone can correct me.

michali

From what I understand too, your savings would be more than enough.

yangzhou

Wow, wasn't expecting such quick responses. That's filled me with a bit more enthusiasm then! The Chinese company would cease after a move as it requires us to be in China for the day to day running. Would my wife be allowed to earn money in the UK after any move? I'm pretty sure she'd be allowed to work, though I couldn't find anything in black and white on the website. Would she be allowed to set up her own company (as she won't be looking to work for anybody else) or would it all need to be in my name?

Thanks for the quick responses hotscot and michali

Sarus

You can bypass the financial and job requirements if you can show untouched savings of 62,000 pounds in the bank for six months before the application.

It's all about the money.

Hotscot

No problem. I was where you are just two days ago. I've done a lot of reading since then.

Here's another piece of info...sorry if it's a bit morbid but if you're going through the five year wait until your wife can get permanent residence and if you died, they do have a process for that.

http://www.ukba.homeoffice.gov.uk/vi...aved-partners/

gmralston

Work wise, she can do anything a full resident can do, except claim benefits of course. Never read about probation residents not being able to set up a business so I assume that would be fine too.

Nicola1

Thanks, and then just to clarify, we need 64k for my hub's sponsorship? He's the breadwinner, so he'll be getting a job as soon as we arrive.