Spouse application withdrawn - now what??
May 14th 2014, 8:43 am
#1
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Joined: May 2014
Posts: 11
Spouse application withdrawn - now what??
I've been very, very naive & ignorant about this whole process & have just had to withdraw my spouse visa application & request a refund as we do not meet the financial requirement.
My husband (UK citizen) and I are planning on returning to the UK in September & are currently studying in Bangkok, where we have lived for 8 months now.
My plan now is to see if I can apply for a long term family visitor visa to be with my husband in the UK while he works to meet the financial requirement for the spouse visa. I will then fly back to Australia where I will apply.
My questions for you are: will we be able to apply for the spouse visa after 6 months of returning to the UK? Or will my husband have to be earning for at least 12 months? We will have around 40K pounds sterling in savings, will this be able to count towards the financial required & lessen the amount he has to contribute with his earnings?
Thanks very much.
My husband (UK citizen) and I are planning on returning to the UK in September & are currently studying in Bangkok, where we have lived for 8 months now.
My plan now is to see if I can apply for a long term family visitor visa to be with my husband in the UK while he works to meet the financial requirement for the spouse visa. I will then fly back to Australia where I will apply.
My questions for you are: will we be able to apply for the spouse visa after 6 months of returning to the UK? Or will my husband have to be earning for at least 12 months? We will have around 40K pounds sterling in savings, will this be able to count towards the financial required & lessen the amount he has to contribute with his earnings?
Thanks very much.
May 14th 2014, 10:57 am
#2
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Joined: Feb 2012
Posts: 837
Re: Spouse application withdrawn - now what??
Ouch! That's an expensive lesson to learn. Sadly you will only be able to get a refund if you haven't already been for biometrics. If you have a biometrics appointment it is important to cancel it ASAP as once that time is passed, even if you don't attend you will probably not get a refund. (See this page for exact details - https://www.visa4uk.fco.gov.uk/Home/ViewFAQ)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
May 14th 2014, 10:59 am
#3
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Spouse application withdrawn - now what??
If you both want to live together for the next 6 months then your options are to do what many Danes do and live in a neighbouring EU country while he commutes to his UK job (and maybe does 3-4 days in the office staying in a small rented flat and 1-2 days working from home?).
For London this could be Paris, Lille, Calais, Brussels (by train) or anywhere with an airport.
For Northern Ireland - anywhere in the ROI.
Elsewhere you'd need to research.
For London this could be Paris, Lille, Calais, Brussels (by train) or anywhere with an airport.
For Northern Ireland - anywhere in the ROI.
Elsewhere you'd need to research.
May 14th 2014, 2:57 pm
#4
Just Joined
Thread Starter
Joined: May 2014
Posts: 11
Re: Spouse application withdrawn - now what??
Ouch! That's an expensive lesson to learn. Sadly you will only be able to get a refund if you haven't already been for biometrics. If you have a biometrics appointment it is important to cancel it ASAP as once that time is passed, even if you don't attend you will probably not get a refund. (See this page for exact details - https://www.visa4uk.fco.gov.uk/Home/ViewFAQ)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
May 14th 2014, 2:59 pm
#5
Just Joined
Thread Starter
Joined: May 2014
Posts: 11
Re: Spouse application withdrawn - now what??
If you both want to live together for the next 6 months then your options are to do what many Danes do and live in a neighbouring EU country while he commutes to his UK job (and maybe does 3-4 days in the office staying in a small rented flat and 1-2 days working from home?).
For London this could be Paris, Lille, Calais, Brussels (by train) or anywhere with an airport.
For Northern Ireland - anywhere in the ROI.
Elsewhere you'd need to research.
For London this could be Paris, Lille, Calais, Brussels (by train) or anywhere with an airport.
For Northern Ireland - anywhere in the ROI.
Elsewhere you'd need to research.
May 14th 2014, 3:00 pm
#6
Just Joined
Thread Starter
Joined: May 2014
Posts: 11
Re: Spouse application withdrawn - now what??
Ouch! That's an expensive lesson to learn. Sadly you will only be able to get a refund if you haven't already been for biometrics. If you have a biometrics appointment it is important to cancel it ASAP as once that time is passed, even if you don't attend you will probably not get a refund. (See this page for exact details - https://www.visa4uk.fco.gov.uk/Home/ViewFAQ)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
As for getting a long term visit visa, if your intention is to spend 6 months in the UK with your husband while he earns the required amount, then to go back to Australia simply to apply for the spouse visa - sadly, at best, you will be rejected and lose another application fee. This is considered to be an attempt to circumvent the spouse visa regulations.
If the ECO believes this is what you are planning to do and that you are in any way being deceitful about it (which may involve putting something different on the forms or may simply involve you being up-front about your plans and him having a bad day) then you will likely also get a 10 year ban on entry to the UK.
Sorry to sound negative but there are plenty of anecdotes out there that this is not a logical, fair or humane process.
If, on the other hand, your husband will return to the UK - you will continue to live and have strong ties to and commitments in Australia and you will visiti him from time to time during the next 6 months; then you stand a chance of getting a visitor visa.
As long as he has been employed by the same employer for the full 6 months and has 6 months pay slips and bank statements to back this up then he can apply after 6 months are up.
With 40 k savings the earnings requirement will be: 18,600 - (40,000 - 16,000)/2.5 = 18,600 - 9,600 = 9,000 p.a. or 750GBP per month.
Another point to note is that if he has been earning abroad at or above the 9k level then may be able to apply from abroad once he has a UK job offer. But the rules appear unclear to me as to whether your savings will mean he only needs 9k foreign earnings or 18600.
Finally, if he has been earning quite a lot more in your current location, or EITHER of you have unearned income (interest, dividends, rental income, pensions, insurance payments etc...) and your total income from all of this and his future UK employment adds up to 18,600 in the 12 month period before he applies then he can apply as soon as he gets his first paycheck in the UK (for a job paying at least 9k p.a.)
May 14th 2014, 3:21 pm
#7
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Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: Spouse application withdrawn - now what??
Why not just let husband go to the UK, get his job, work for 6 months and then apply for the visa. Much easier and less costly. He would need to be earning 18,600 per annum minimum.
Six months or so apart out of a lifetime of marriage is not such a huge burden - and you could visit him during this period.
May 14th 2014, 3:31 pm
#8
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Joined: Feb 2012
Posts: 837
Re: Spouse application withdrawn - now what??
I'd guess that his UK job offer and/or your 40k savings could be used to show that you can afford the studies (?)
May 14th 2014, 3:55 pm
#9
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Joined: May 2014
Posts: 11
Re: Spouse application withdrawn - now what??
If you could enroll on a suitable course and fulfil the requirements then you wouldn't need to go back to Oz to apply for the visa - you could switch in the UK after 6 months. Note - any time spent on any other visa type is not counted towards the 5 years needed before you can apply for ILR as a spouse.
I'd guess that his UK job offer and/or your 40k savings could be used to show that you can afford the studies (?)
I'd guess that his UK job offer and/or your 40k savings could be used to show that you can afford the studies (?)
That's great news that I could just apply for the spouse visa while still in the UK after 6 months! I feel so relieved!
Yes, the student visa financial requirements (I actually checked this time!
) is 800 pounds per month up to a maximum of 9 months (not sure what the 'up to a maximum of 9 months means? 7,200 pounds is the maximum amount that is required?), so even if it's 800 pounds a month for the full 12 months of study, we have that in savings already.I so appreciate your help, thank you!
May 14th 2014, 4:21 pm
#10
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Joined: May 2014
Posts: 11
Re: Spouse application withdrawn - now what??
You would need to have been accepted on a recognised course and paid for the tuition fees etc. You would also need to show that you have the monies to support yourself for that period. You would also need medical insurance since you would not be covered by the NHS.
Why not just let husband go to the UK, get his job, work for 6 months and then apply for the visa. Much easier and less costly. He would need to be earning 18,600 per annum minimum.
Six months or so apart out of a lifetime of marriage is not such a huge burden - and you could visit him during this period.
Why not just let husband go to the UK, get his job, work for 6 months and then apply for the visa. Much easier and less costly. He would need to be earning 18,600 per annum minimum.
Six months or so apart out of a lifetime of marriage is not such a huge burden - and you could visit him during this period.
The course I'd want to study is from a recognised college & one that I was going to enroll in when I got to the UK anyway, so no dramas there.
May 14th 2014, 5:10 pm
#11
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Spouse application withdrawn - now what??
To Giesha - just make very sure that everything with the studies are above board, try not to break it part way through, don't give them any excuse in the future to decide it was a "workaround" and not genuine study.
