fran_d84

Hey guys,

So if anyone can help me, or give advice I would be so so grateful.
I am British and currently living with my fiance in Nova Scotia with an IEC visa. I am 29 years old so can apply for my second year when applications open for 2014.

We are getting married in August 2014 back in the UK. I am aware we will need a marriage visitor visa for him and this is all good.

We have been together for two years, but been working on cruise ships, so not joint bills for those years etc.
We really really want to end up in the UK. So desperately. I am incredibly close to my family and don't want to have a family of my own away from my mother.
I am a freelance video journalist, and will have been living in Canada for two years by the time we wish to return, but how on the earth do we overcome the new financial requirements for the spousal visa?

I have been doing so so much research and it is all dead ends. I will not be able to have any pay slips to prove I earn, or will be earning over $18,500 as my line of work will not allow for this luxury and all my recent earning will be from Canada. My partner is over 30 and a teacher, and not in any skillset needed for special visas work wise. We have checked.

Has anyone gone down this route and have any advice at all?
Thank you!

christmasoompa

As this isn't Canadian immigration related, I'll move it to the MBTTUK forum, where the good folks there will be able to help.

Good luck with it.

fran_d84

Sorry!
Thank you

SanDiegogirl

- Do you have savings/investments you could use to make up the financial
requirements?

- Have you looked into the Ancestry visa since your fiance is Canadian?

http://www.ukba.homeoffice.gov.uk/vi...g/uk-ancestry/

If he can prove Ancestry then he could obtain a visa which allows him to live and work in the UK. With this visa, and him working in the UK, you could then apply both of your salaries to meet the requirements.

fran_d84

Unfortunately there is no ancestry.
I was led to believe that you need £64,000 in the bank to make up for no earnings? We do not have that much unfortunately!

Thanks!

WEBlue

Here is the financial requirement spelled out.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Savings are covered starting on p.40. £62,500 is the amount needed for no income. But you can combine a lesser amount of savings with some (not all) specified types of income.

There's a table on p. 41 that illustrates the various combinations possible.

Best to read the whole document from the beginning, though, so you understand all the ins & outs. It may take some time, but this is the official source document for those who wish to successfully apply for the spouse/family visa.

rossojo

I may be talking out of the back of my head here, as I'm in NZ not Canada. What struck me was the teacher bit.

There are agencies here that can get teachers work, accommodation and help with visa stuff, maybe Canada has the same? Then you could follow him and change the visa later?

Just a thought, happy to be told I'm talking garbage

http://www.timeplan.com/teachers/com...ffices/canada/

yzf.shaun

From what I believe of this farse is that even though my home in the UK is practically paid for this doesn't count towards the financial requirements even though my expense would be significantly less than having to find accommodation.

Yet if I was renting the property I could count the income towards the requirement even though I would then have to find a place to live.

It just highlights the farce of these new requirements.

SanDiegogirl

Not really ...... you can't live on bricks and mortar and, if you have no other income/savings etc, unless you sell the property and release actual cash, you have nothing to live on.

The financial requirements require you to have monies to live on on a day to day basis. They ask about accommodation but as long as you have somewhere to stay (from a hotel to a room in someone's house) that does not count towards the necessary finances to live on.

spouse of scouse

Would it be kosher if you moved out of your property, rented it to someone else, and you rented elsewhere so that the rental income from your place would count towards the financial requirement?

I'm not trying to find a fiddle and I realize you would probably be no better off in real terms, but with the legislation still relatively new it's interesting to discuss what is and isn't allowed!

Perth

I think that would actually work. The worrying part is how do you arrange a rental prior to applying for the visa? At best you would be out 3 months rent waiting for it to come through - at worst, if declined, you are stuck with a 6-12 month lease in the UK, whilst still living overseas!

yzf.shaun

Of course it should. Having a property should reduce from the financial requirements. Especially if it's not mortgaged.

If I need to rent a place i'm looking minimum 500 a month rent. Yet I could rent my existing property for 500 and have the count towards the income. But then need to spend the 500. Net gain of zero.

Another point would be having 62k left on the mortgage and 62k in the bank. this way you could move over. However pay the mortgage off to be debt free and you wouldn't be eligible. Even though you could get by on the minimum wage.

Spouse of scouse.

I was referencing to property already owned in the UK.

fran_d84

The companies offering you teaching jobs with a visa are basically for people under 30 years old, as soon as you are over 30 then it becomes a nightmare.
I guess a school isn't going to go out of their way to sponsor you when they can get someone much easier, and no doubt cheaper, from the UK. The sad thing is, that of course I agree jobs should go to our own first, but there is still a shortage, so it's crazy!

I agree that if you nearly own a house outright then it's crazy to need this money! It is crazy anyway. We have savings that are around three years worth of the salary they are asking for, so what on the earth is the point?
I really want to be with my family and friends to start the next stage of my life, but being freelance and having a husband over 30 is obviously not going to help my situation.
I have read about the loophole of living and working in Europe for just 3 months means you can actually move to UK with your spouse without this income - so WHY if they can all do it, can a British person, with good job prospects and guarenteed freelance work, not return home with an intelligent husband willing to pay taxes?!

JAJ

Because:
1. Britain has, in its wisdom, decided to restrict spouse immigration under domestic law; and
2. Re. the "loophole", EU membership imposes a parallel legal system upon Britain. However, it should be expected that the UKBA will look closely at cases where British citizens claim to have established residence in other EU states. They may look to see if residence has really been established, not just a long vacation.

fran_d84

Those comments were incredibly unhelpful and inaccurate! They did not answer my question at all!