questions about spouse visa & new rulings

Old Sep 13th 2017, 10:18 pm
  #1  
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Default questions about spouse visa & new rulings

Hi All

I previously posted deliberating on the best option to get a visa for my Vietnamese wife so we could come and live back in the UK with our 10 month old baby. Since then, we decided on the safest option, which was for me to leave Vietnam and come back alone, work and apply for the visa after 6 months, and i have just arrived back in the UK.

I've just read the August update on financial requirements and have these questions:

1. This may seem obvious, our 10 month old child has a British passport so does she still count as a dependant child? The document clearly states that the financial requirement does not apply to a child who is a British citizen (it doesn't mention about whether thats by descent or being born in the UK?).

2. I just want to check about the type of job i get too. The document states that both permanent and contract work is acceptable. I don't see anywhere which states you need to show that this work would continue after the visa application has been made. I originally thought that as the visa was for 2.5 years you would need a permanent job, but it doesn't seem the case. So i want to check that any employment, contract included, is acceptable as long as for the 6 months i meet the financial requirement? And i don't need to show that that work would definitely continue from then on? (though of course i hope it would)

3. The document states that you can apply earlier than 6 months, if you have income to show dating back 12 months from the application. I own a residential property receiving regular rental income for many years now, so i want to check if i could in fact use that income and possibly apply for the visa earlier depending on the job and salary i get and hopefully meeting the financial requirement earlier than the 6 months?

To be honest, i am a little confused about the part above. I understand that after 6 months salaried income and my rental income i need to show that for the whole year i can meet the financial requirement calculated on those 6 months earnings , but not sure how this being able to include the rental income 12 months back affects me and whether this non-salaried income could be used to show that i will also receive that income 3 months after the visa application and whether that could be included too? It would be great to apply for the visa in advance.

4. Finally, it seems that the only way a guarantor could be used is if we don't meet the financial requirement but are considered under 'exceptional circumstances' since we have a child. The section on these circumstances is exhaustive and i'm not sure whether we would be considered under this, but my question is if a relative could act as a guarantor for any amount we are short in meeting the financial requirement? i.e. if my total income is £15,000, but i need to meet £18,600, could a relative act as a guarantor for that £3,600 needed?

I'd appreciate any advice and clarity on this situation so thanks in advance. If you'd like to know any more about our situation which will help you answer then please let me know - i just didn't want to over word this thread

Last edited by wix; Sep 13th 2017 at 10:38 pm.
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Old Sep 14th 2017, 11:10 am
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Default Re: questions about spouse visa & new rulings

Can't you go for the option to use savings to meet the financial requirements?
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Old Sep 14th 2017, 1:37 pm
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Default Re: questions about spouse visa & new rulings

Originally Posted by Rosy1910
Can't you go for the option to use savings to meet the financial requirements?
Thanks for your reply, but I didn't mention having savings to use unfortunately.
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Old Sep 14th 2017, 2:45 pm
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Default Re: questions about spouse visa & new rulings

You child is already a British Citizen, so no financial requirements and it matters not whether its by descent or not, a British Citizen is a British Citizen, however it would be a good idea to get the child their British Passport before moving as that would be the proof of British Citizenship the immigration officer would want to see, other wise the child would be stamped in as a visitor, then you would have to get his passport and then go back to immigration to prove he/she was a citizen otherwise after 6 months they may be flagged as an overstayer.
Financial requirements, you have to be either in a job earning over the £18,600 a year where you now are and with a provable job in the UK starting within 3 months of arrival earning that same amount, If you do not have that then you will have to come to the UK, get a job and after you have 6 months of salary paid into yout bank and pay slips to prove that, then your wife can apply from her home country for the spouse visa. Trying to use the rental income might just complicate matters as it's likely to be classed as self-employed, and that would need 12 months of audited accounts. There is no way of meeting the financial requirements earlier that the 6 months even if you were earning £100,000 a month you would still have to show 6 months of earnings. A child is very unlikely to be classed as 'exceptional circumstances' for you to be able to use a guarantor.
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Old Sep 15th 2017, 6:16 pm
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Default Re: questions about spouse visa & new rulings

Thanks for your reply Mikelincs

Yes, my daughter already has a British passport and that's great to hear that she's not classed as a dependent and the financial requirement remains at £18,600.

Could you clarify why using my rental income would complicate matters? The financial requirement document states that non-salary income such as rental income can be included and combined with salaried or non salaried employment to meet the financial requirement. You also mention i would need 12 months of audited accounts which i have. It seems to me from the document that it's the gross income from rental which is taken in to account and the fact that tax has been paid too.

I understand what you mean about applying for the visa earlier than 6 months and not really qualifying for exceptional circumstances so thanks for clearing that up.
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