KC28

Hi all, I'm asking on behalf of my sister for some advice regarding her spouse visa application.
My sister is a British citizen and is married to a Jamaican national, they applied for his visitor visa last year and it got rejected as they didn't believe he would return to Jamaica, even though he had a job, family etc.
My sister earns just under £15K per year, however she has been doing overtime for the past 6 months and is bringing in £1600 approx before tax each month. Will this be enough to satisfy the financial requirements? Also, will the fact that the previous visa got rejected affect this application?

Can anybody advise on these 2 issues please?
Thanks

SanDiegogirl

Read the following document carefully to see how she qualifies:

https://www.gov.uk/government/upload...equirement.pdf

Basically, if she can prove she earns the equivalent of 18,600 GBP per annum via payslips, bank statements then the application should be successful.

A previous refusal will be on record but as that was a visitor visa and this is now a spouse visa application then it should not have a negative affect.

KC28

Thank you so much, we are hoping the 6 months payslips will be sufficient.
Am I correct in thinking that my BIL needs to apply in Jamaica (online) and then my sister send the documents to him for him to produce at the processing centre?

SanDiegogirl

Yes as far as I know. When you do the online application it will lead you through the process as to where to send the documents and get the biometrics done. (Countries vary)

KC28

Thanks so much. We are trying to avoid using a lawyer due to extra fees etc.

It says on the citizen advice website that my sister could fill in the forms online on behalf of her husband, is this correct?

Also with the previous refusal would you advise on using a solicitor or not?

Pulaski

I don't see the previous rejection as particularly concerning or a reason to hire a solicitor givrn that the reason for the previous rejection is the exact reason that this new application is being filed - previously he was assessed to be an immigration risk, now he is applying to immigrate!

IMO so long as your sister and her husband can read the forms and complete them correctly, I see no need for a solicitor.

KC28

Thank you, I will be completing the forms here in the U.K. With my sister to help her as she is overwhelmed with it all.
Are the financial requirement forms and sponsor forms part of the online application or do we need to complete them here and send them to Jamaica so he can take them to his appointment?

Sorry for all of the questions, I just want to get it clear in my head so when I apply for them I don't mess it up. I'd hate to be the reason it got rejected!

KC28

My BIL has created an account on visa4Uk, the options are apply for myself or apply for someone else.
If my sister were to create an account would she choose the 'apply for someone else option, but the applicant details would still be her husbands?

SanDiegogirl

Yes ....

KC28

Thank you SanDiego, I've just been reading through the financial appendix forms and it asks for the sponsors annual salary, would I put her actual salary (£15K) or the amount in which her wages total over the 6 months as per the calculation they use? It should be around £19,200 so I'm unsure if I use that figure as that is what the evidence will
Show, or her real salary without overtime.

KC28

Sorry for all of the questions, it's such a minefield!

KC28

My sister has spoken to an immigration lawyer who says if you are including overtime in the income level then you need 12 months of payslips/bank statements and not 6 as listed in the financial annex, is this correct? There's so much conflicting advice.

Novocastrian

I don't know about the rules on 6 vs 12 months proof if counting overtime, but either way your sister's pay is marginal. Does she have any savings over 16,000 pounds? If she does her savings start to reduce the salary requirement. even a few k over the threshold would help.

KC28

No she has no savings at all.

Novocastrian

Fair enough. Just thought I'd ask.