Spouse Visa clarification

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Old Apr 12th 2017, 3:40 am
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Default Spouse Visa clarification

I am a UK citizen living with my fiancee in HK. She is a HK citizen.

1. If she applies for BNO now, can she use that for application of spouse visa? (i.e, doesn't matter if BNO is six months old or 15 years old? (as I heard it can help with credit history and eligibility to vote etc)

2. Is there any spec on having to live together after marriage? e.g. if I register in HK in July, but make application from HK in Oct, does that affect application (of course intend to live together in UK).

SAVINGS ROUTE

3. IF I use savings route of 62.5k, does it matter if it is in my joint account in HK or my individual account in UK, which one is more beneficial to the application?

4. My parents are lending me a large proportion of the 62.5k, and I intend to give it back to them when I get a job in the UK. Can I just give the money back to my parents when my application is successful? or does it have to be there for some certain period of time...? (e.g, only if get a job over 18.6k can lend the money back??)

18.6k ROUTE

5. I am on earning over 18.6k salary in HK at the moment, but if I go back to UK first before securing job, do I need to work in that job for 3 months or 6 months or longer before applying for spouse visa?

6. I am earning 18.6k in HK and if I secure a job before I go to UK, do I immediately then have to apply for spouse visa?

Thank you so much, if you can answer one, if not all the Q's.
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Old Apr 12th 2017, 7:48 am
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Default Re: Spouse Visa clarification

Originally Posted by cmdaniel
I am a UK citizen living with my fiancee in HK. She is a HK citizen.

1. If she applies for BNO now, can she use that for application of spouse visa? (i.e, doesn't matter if BNO is six months old or 15 years old? (as I heard it can help with credit history and eligibility to vote etc)
Registration for BN(O) status ended in 1997 so either she is one or not. If she was registered then she just needs to obtain her BN(O) passport if she doesn't already have one.

2. Is there any spec on having to live together after marriage? e.g. if I register in HK in July, but make application from HK in Oct, does that affect application (of course intend to live together in UK).
The relationship needs to be seen as genuine. A gap of a few months after marriage where you are not living together due to work commitments or visa restrictions would not be considered a problem.

SAVINGS ROUTE

3. IF I use savings route of 62.5k, does it matter if it is in my joint account in HK or my individual account in UK, which one is more beneficial to the application?
Cash savings can be held by either the applicant or sponsor or jointly. There's no advantage for any option.

4. My parents are lending me a large proportion of the 62.5k, and I intend to give it back to them when I get a job in the UK. Can I just give the money back to my parents when my application is successful? or does it have to be there for some certain period of time...? (e.g, only if get a job over 18.6k can lend the money back??)
Money can be gifted by relatives, but it has to be a gift, not a loan. Any suggestion that the money needs to be repaid would lead to the application being refused. Any such cash savings need to be held in your name(s) for at least six months before you could apply.

18.6k ROUTE

5. I am on earning over 18.6k salary in HK at the moment, but if I go back to UK first before securing job, do I need to work in that job for 3 months or 6 months or longer before applying for spouse visa?
If are employed in HK and you have a job offer in the UK starting within three months of the application being made you can apply now. If you leave your employment in HK and move to the UK to look for work then, unless you start work very quickly, you will likely need to work in that job for six months before becoming eligible to sponsor your wife again.

6. I am earning 18.6k in HK and if I secure a job before I go to UK, do I immediately then have to apply for spouse visa?

Thank you so much, if you can answer one, if not all the Q's.
You would need to apply before you finished your employment in HK.
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Old Apr 13th 2017, 1:42 am
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Default Re: Spouse Visa clarification

[QUOTE=BritInParis;12227443]Registration for BN(O) status ended in 1997 so either she is one or not. If she was registered then she just needs to obtain her BN(O) passport if she doesn't already have one.

But the HK gov says that she can apply for BNO status now, as she was obviously born in HK before 97. What I mean through my question is, does it matter whether she has held BNO status for one year or, for 15 years, does the length of time matter when making a spouse visa application?

Money can be gifted by relatives, but it has to be a gift, not a loan. Any suggestion that the money needs to be repaid would lead to the application being refused. Any such cash savings need to be held in your name(s) for at least six months before you could apply.

I am aware of the six months situation. However, if I apply through this route, and everything is successful and then I moved to the UK, will the UK authorities check whether I put the money back into my parents account? So that's what I mean, does it have to be in my account for a certain period of time after the spouse visa is granted? (and of course I intend to find my own job in UK).



If are employed in HK and you have a job offer in the UK starting within three months of the application being made you can apply now. If you leave your employment in HK and move to the UK to look for work then, unless you start work very quickly, you will likely need to work in that job for six months before becoming eligible to sponsor your wife again.
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Old Apr 13th 2017, 1:46 am
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Default Re: Spouse Visa clarification

Don't forget that after 2.5 years on the spouse visa, you'll need to apply for Further leave to Remain and will have to meet the financial requirements at that time. With a good job , and perhaps your wife working it should not be a problem. Just`something to be aware of.
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Old Apr 13th 2017, 7:47 am
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Default Re: Spouse Visa clarification

Originally Posted by cmdaniel
But the HK gov says that she can apply for BNO status now, as she was obviously born in HK before 97. What I mean through my question is, does it matter whether she has held BNO status for one year or, for 15 years, does the length of time matter when making a spouse visa application?
Hong Kong is now run by China; they don't get any say in the matter. BN(O) registration ended in 1997. It doesn't matter that she was born in HK; if she wasn't registered before the handover she's missed the boat.

https://www.gov.uk/types-of-british-...ional-overseas

I am aware of the six months situation. However, if I apply through this route, and everything is successful and then I moved to the UK, will the UK authorities check whether I put the money back into my parents account? So that's what I mean, does it have to be in my account for a certain period of time after the spouse visa is granted? (and of course I intend to find my own job in UK).
I wouldn't advocate any course of action that attempts to circumvent the rules. That will invariably end in tears. Far safer for you to secure employment in the UK and apply through salaried income.
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