Malaysiabound

Hi all.

British husband, non-EU wife, married 9 years, 1 child (British).

We are about to apply for my wife's visa using income (from a pension) topped up by savings (from the sale of a house).

1) With regards to the house sale savings, is there any restriction on using that cash to buy a house in the UK, or must I maintain for any set period of time?

2) Given that we have been married for 9 years, does my wife still have to do the two and a half year thing before applying for ILR? I seem to remember reading something about couples who have been married for four years plus can apply straight away, though I can't find it now.

2a) If the answer to the above is a NO, are the financial requirements for ILR the same?

3) Regarding supporting documents - is there a definitive list anywhere, that includes addition documents that are 'advisable' to send, like covering letters etc.

4) When my wife gets her visa (thinking positively now), does her flight to the UK have to be on a return ticket, or can it be a single?

I think that's enough questions for now, though I'm sure there are more coming soon.

Thanks in advance for any replies given.

Phil

MrMuffin

Hi Phil and welcome. I can help with a couple of answers.

1) You need the full amount of savings proved for your initial spouse visa application. If you get approved then the requirements become a little relaxed for the 2.5 year FLR and 5 year ILR. Look at the wiki for more info and also go onto the government website for the exact details.
http://britishexpats.com/wiki/Spouse_Immigration-UK
I don't know your exact position, but for instance if you're both working then both salaries can be taken into account as opposed to just the sponsor's salary for the initial application. I *think* (so take this with a pinch of salt) that the savings requirement goes down to approx. 40K UKPounds from the 62,500 UKPounds that you need with the initial spouse application but I'm not sure if that's for ILR and FLR or just FLR so keep checking.

2) The four-year plus thing was from the pre-2012 rules and don't apply now. Unfortunately we fell into the same trap. In fact we looked into moving in 2008 and that's when I joined this forum. At the time we had been married for 3 years and a member told us to wait until we had four years under our belt before applying as the path to ILR was quicker. But we had kids and then when we got serious again about the move it was days after the new rules came into place. We were gutted.

2a) Yes they are the same.

3) You'll need to spend some time and read experiences on here. Use the search function for supporting documents and you should fine some answers. Also others will reply and give you their opinions.

4) Once you have the visa then I believe it can be a one way ticket. However you may find a return flight is cheaper which sounds stupid but that's life. Just don't use the return portion

Good luck!!

ncoomber

Hi Phil,
Same boat as you - getting ready to apply myself in the next week or two - here is what I have learnt (mainly on here - so browse around there is loads of info):
1. No but you have to meet the same requirements again in 2.5 and 5yrs - they are slightly relaxed but if you don't meet them you could be in a mess. I am doing the all savings route and as much as it hurts me I intent to keep the money in the bank just in case. I don't want my childrens mummy being forced to leave us and having lost the past few jobs myself due to layoffs I don't want to be at risk.
2. no longer applicable
2a. pretty much yes - however you can now use joint income not just the Brit sponsor
3. I will write covering letters. So will other family members to help prove where we will be living and that they know we have been married for the period specified etc.
4. don't know - but have always assumed it can be a single - however it seems a return might be cheaper?
Good luck
Cheers
Nigel

Malaysiabound

Thanks Mr Muffin

That's all positive information.

Moving from Malaysia, curiously the flight tickets are far cheaper as singles than returns.

Regards, Phil

Malaysiabound

Hi Nigel

I wish you luck with your visa app.

I moved over with my son last October, my wife quit her job with Malaysia Airlines (which at the time was an inconvenience, but currently seems like a blessing in disguise), and she has been here on a visitors visa since December.

So we are just waiting for our house sale to go through and we are good to go.

I was going to ask if anyone saw any news about the judicial review. I remember seeing that it was happening early March, but it's kind of gone quiet now.

Maybe this is for a whole separate thread :-)

Regards, Phil

MrMuffin

Look up a blog called BritCits and you'll find a full report of what happened. I read that there won't be any news for 60 to 90 days or so. It goes without saying that we're all keeping our fingers crossed!

ncoomber

yeah go to Britcits they got all the updates - I think it'll be months if not years before any changes - if at all! They also got info on there about how to put your app package together.
Thanks and all the best
Cheers
Nigel

ncoomber

http://britishexpats.com/forum/showt...9#post11169269
some good links in this thread also about how to put your app together

Malaysiabound

Thanks all.

Wow! The londonelegance website spells it all out. I wish I had found that earlier :-)

Regards, Phil