englishguygoinghome

Previous cases - not really, no. The rules as they stand are that you need to fit certain financial requirements which, if you are using your salaried employemnt to do so, mean you need a firm offer of a job in the UK starting within the next 3 months. There is a lot more to it than just that. I'd suggest you have a very good read of the detail requirements, they are summarised and linked from the wiki page in my signature.

As for the legality - the UK courts recently held that the income limit was disproportionate (too high) but not that the concept was illegal. The Home Office are appealing and NO rejections should currently be being made on a financial basis - so applicaitons which would fail on that basis alone will be held, in limbo with no answer and no return of your passport, for an indefinite period or until you withdraw the application and lose the fee.
My opinion - this does go against the UN charter of human rights which the UK pioneered and signed up to at the start. But there is no court to enforce that. I also think it goes against the EU human rights legislation - but the way to the EU courts is longwinded and need sit to go through UK courts first and, lets be honest, UK public opinion is being successfully turned to see the EU courts as meddling and troublesome.

michali

Can you tell me, please, if applications based on savings alone are also being held up indefinitely if they are not approved, or if it is just applications based on income? We are considering applying and would hope that our savings would more than meet their requirements but I would hate my husband's passport to be held for months and months unless we cancelled the application and lost the fee. He already has a visitors visa and, if we felt we were not going to be accepted, we would change our plans to relocate and just visit as we have been doing in the past.

dontheturner

SEE MY RESPONSE ON PAGE 85........

shireman

Hi all,

I have a complicated question. I hope someone will take the time and give me an opinion :

I am Anglo/Turkish live part of the year in Devon and large part in Antalya / Turkey. I met a kazakhstan citizen 6 years, lived with her for a year then we both decided to get married, in the UK on June 2010. We are still together and happy with our lives together.

She had a spouse visa before, but, we could not stray in the UK for the required time.

Now we want to apply again.

My question is this :

I have a UK and Turkish pension and I have property in both countries. Although, because of my age I am not very active, I buy and sell land and property.

30 years ago, I bought the right of " first refusal" of a piece of land in the middle of İstanbul. Recently, this government in Turkey legislated for land sale by local governments in İstanbul. They have estimated to Raise 24 Billion USD, from this legislation.

So, I used my "first refusal" and bought the land for 60.000 GBP. Arranged payment with 12 months instalment. The price I paid is discounted, because, 30 years ago I paid a lot of money, for the "first refusal"..Some say the discount was 60 % other say 25 %.

İn December 2012, I started paying my first instalment and paid 5000 GBP, for 3 months including February 2013, totalling 15000 GBP.

Then I made a deal with a builder who is contractually responsible to pay for the cost of the land ie: 60.000 GBP and 10.000 GBP cash ( in January 2014) as well as give me 2 flats from the new build he will undertake. The development will be completed by september 2014.

Therefore, with my " first refusal" for which I paid maybe 500 GBO, 30 years ago, I benefited to receive 10.000 GBP cash in January 2014 and 2 flats in central İstanbul. Estimated price to be 180.000 GBP for the two flats.

My question is :

- İf my wife applied for a settlement visa today, will I be able to include the 10.000 GBP I will receive in January 2014, as part of my Profit İncome. My understanding by reading the following extract, this could be taken as sale of a property an asset which could be construde as I had an asset long before my wifes application.

See following extract From FE-SE

(i) Evidence of profit from the sale of a business, property, investment, bond, stocks, shares or other asset will:
(i) not be accepted as evidence of income, but
(ii) the associated funds will be accepted as cash savings subject to the requirements of this Appendix and Appendix FM.
(j) Where any specified documents provided are not in English or Welsh, the applicant must provide the original and a full translation that can be independently verified by the Entry Clearance Officer, Immigration Officer or the Secretary of State. The translation must be dated and include:
(i) confirmation that it is an accurate translation of the original document;
(ii) the full name and original signature of the translator or an authorised official of the translation company;
(iii) the translator or translation company's contact details; and
(iv) if the applicant is applying for leave to remain or indefinite leave to remain, certification by a qualified translator and details of the translator or translation company's credentials


Any response will be appreciated

Thanks

S.Scott

Dear All
My details what I am facing now.. I'm Thai wife who married with British (scottish) for 15 years and have 3 kids 13,8 and 6. He's an expat for 27 years. This year Jan2013 I apply for settlement visa as we decide to move back for our family reason. He own his company for 7 years and our income is approx 80,000 gbp per annum. However they Refused me because the finance is not clear. We send document from about 6 clients and we didn't explain some income which not in the contract just job by job so they said not sure who pay who. And in the meantime we sold the house and the money was in my personal saving a/c ,we didn't explain to them so that's make no where income from me. They refused 28April 2103. At this stage we already sold the house ,kids already out from the school, stop renting building for company and so on...

Then I apply visiting visa. Decide not to appeal because will take to long time and I need to be with my family as soon as possible. So after I apply for visiting visa they also Refused again in May. However we were be able to get review my case by the embassy and now I got my family visiting for 6 month.
I would like to ask for my case If I have to wait his full financial year which will be July next year 2014, and I have to go back Thailand to apply that.But my visa is run out 13 Dec 2013. That's mean I have to wait the financial year + result for 2-3 month... almost a year I have to live apart from my child and my husband. Is that possible I apply for Leave to remain!! Or anyway to apply from here. Please give me any thought or If you have any Immigration Lawyer contact please let me know.
Thank you.

michali

Now, I am not nearly as knowledgable as the gurus on this forum but I would have thought that you will have to return home before your visa expires and reapply for a spouse visa. For that to be successful, it would be important to meet the financial requirements exactly as set out in the rules. I can understand how upsetting it us to be separated from your family and do hope your application is successful next time. If I have this wrong, I hope someone else can give better advice.

dontheturner

Hello. My Wife is Thai, and we now live here, and all is sorted. I would suggest you join (Free) www.Immigration.com - where you can find all the help and advice you need. Hope it gets fixed OK. Don

formula

If your husband's income is 80k then you will need to address why you were refused and apply again for a spouse visa from your own country with the correct information. As Don said, immigrationboards.com or even UK-yankee.com, will be able to tell you what documents he needs to show as a self employed person.

They refused your visit visa as they weren't convinced you would comply with the visa and return home at the end of the 6 months. It appears you were able to convince them that you would retun home at the end of the 6 months visit visa.


You cannot switch from a visitor visa to another visa, from inside the UK. To preserve a good immigration history, you need to leave before that visit visa expires and don't use the NHS (without paying for it) while you are in the UK on a visit visa.

As said, check on immigrationboards.com or uk-yankee.com to know when you can apply for a spouse visa. They will know that information. It might be sooner than July 2014?

As your husband is working at his business in the UK and you don't work, why not take your children back home with you and come back with them next summer when you get your spouse visa, so that you don't have to live apart from your children?

If the other forums confirm that you will need to wait until July 2014 to apply for a spouse visa from your own country, then that visa is the quickest route to ILR (Indefinate Leave to Remain) and more importantly, the safest route for you. Once you are legally in the UK under UK immigation rules, then any future rule changes, won't affect you.

Last year, they changed the rules on people trying to stay on and live in the UK after their visit visa (and other visas) expired, to make it much tougher, very expensive and and a long, long road (10+ years) to maybe getting citizenship. Plus there are more changes coming in the new immigration bill for those who are not legally in the UK - no NHS (tighter checks) no driving licence etc. They have made these changes to make it fair to those people who do comply with UK immigration rules.

I'm sure you would find a solicitor to take your money so that you can try to stay in the UK outside of the immigration rules, but read immigration boards to see all those who have tried that route and found they still can't stay in the UK; or they got a solicitor who didn't know what he was doing; or they are stressed as hell with all the waiting and not knowing. When those new rules came in, some even decided to return home to come back to the UK on a spouse visa (legal route) if they were lucky enough to have that option.

I know December 2013 - to July 2014 seems like a long way away, but you and your husband really need to think about whether it's worth your while trying to go the "outside of immigation rules" route with over a decade of of uncertainty; stress, solicitors and thousands of pounds, when you can apply under the easiest route of all (a spouse visa) in a few months time and be stress free after that.

englishguygoinghome

The bad news is that you can only apply for the visa from outside the country and that if you use income from self-employment and/or your own company in the UK then you need to wait for a full year's financial paperwork AND cannot combine income with savings.

Now that your husband has moved to the UK you will be apart from him for longer as he is not treated as a returning ex-pat and must show historical UK finances.

BUT - if you have sold the house and own a company, is it possible that you either have 62,500GBP in cash in a bank account at the moment? In that case you could apply using those savings and that would just mean being apart for the processing time.

Congratualtions on at least getting your visitor visa - just make sure you comply with all the terms and leave before your time is up

miyoshi

Hello

I hope someone can help me.

I have a query about the spouse visa.

Since September 1st 2013 my partner has been in employment in the uk earning 32,000 gbp per year. Before this he was working in India and earning less than the salary requirement. Should I wait until he exceeds the salary requirement for the last 12 months or can I apply now? I don`t want to be away from him for longer but don`t want to risk being rejected.

Thank you

englishguygoinghome

He will need to wait until he's been in his current role 6 months as he cannot show 12 months of earning at the required level.

Please read the wiki (below) and the official text of the rules (linked from the wiki)

Vexcore

Heard about this.... is it good news? (yes) - TO SOME EXTENT...

But lets put it this way....

Italian citizen marries a NONE EU spouse and can live work freely in UK no need for any financial requirement...


But a British citizen... marries a NONE EU spouse NEEDS TO HAVE 18.600 or 25,000? salary to support and bring his wife/husband?


Now can anyone see a problem there? does the government even know about this?


European Citizens have more right and power IN THE UK than a British citizen that was BORN IN THE UK?

Can someone.... explain how does that work? (oh wait Brussels...) i wish i was from Italy then.... if that was the case makes you wonder is being British good? heh


May has a point... though... it does need to be tough but these laws/rules are nothing if an EU citizen comes to UK.

Perth

Actually, this is not exclusively a UK thing. All EU countries have the right to impose similar requirements on their citizens trying to bring in non-EU family. They are free to set their own rules though, but the UK's and the Danish ones in particular appear to be quite similar.

RickinHK

This is a bloody joke. I was planning on moving back to the UK in a couple of years with my wife (obviously) of the past 7 years. We've been together for 10. She is a Hong Kong resident and she held a UK passport for 9 years after the 1997 Handover! But this is too much.

I want to return back to the UK to look after my mother and father who are both nearing their 70s, yet LibCon have let us all down.

There is a very rude response I have for Mr. Cameron right now.

dontheturner

To find the quickest way around this prob , see www.immigrationboards.com- it is free to join. Don