Muppetmoo

I have a couple of questions in regard to the UK Spouse Visa. I have read the information provided on this site and on the UKBA site, but am nurse about two things and would like either comfirmation or more advice if anybody has any.

1. I'm living in China with my husband on a family visa and therefore am not working. My husband has savings which we planned on using for the application, but I believe the application requires me to be in the UK and working. Would I be correct or can we apply using my husbands savings?

2. My husband had a visiting visa refused due to many things but the main being he held back information (due to not knowing the details). Within the refusal letter it states "any further applications may also be refused under paragraph 320 (7B) of the Immigration Rules." The use of "may" implies to me that this is not definite, but I understand that if it is definite then my husband cannot apply for another 10 years. Can anybody clarify the meaning of this?

Any information provided will be greatly appreciated!

englishguygoinghome

Savings (if at a sufficient level: 62,500GBP or above) can be in your name, his name or joint names. (see Appendix FM-SE, linked from the wiki in my signature)
As for a ban - you would need to be very very clear in the application (covering letter, referenced from any relevant fields on the form) and it would be up to you to persuade an ECO that the ban was not needed and there was no intention to decieve. May be very difficult in the current political circumstances

WEBlue

We have a Wiki here on BE:
http://britishexpats.com/wiki/Spouse_Immigration-UK

Here is a simplified version of the rules:
http://www.ukba.homeoffice.gov.uk/si...mily-migration

And here is the financial rules doc from UKBA that goes into all the details, categories, combinations, & exceptions:
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Savings of one or both partners may be used, if they qualify under the rules for savings. See p. 40 in the third link I posted above.

If you wish to apply under the income category and the British citizen spouse has not worked in the foreign country (China in your case), then yes, you would be required to work for at least 6 months in the UK at a job that pays £18,600 or more.

Sorry, I don't know the answer to your second question., but I hope someone will come along who does....

pennylessinindia

OP looks like some false information was given in the last visit application, if he applies for another one then it is likely that he will be banned for 10 years unless it can be shown that the information given was genuine.

However settlement visas, spouse in this case, would not result in a ban.

"Under paragraph A320 of the Immigration Rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under Appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8."

You need to find out exactly what the problem was with the last application so that you can address it when you next apply