Frankie Bronx

I guess that was the last piece of the puzzle for me. I get the feeling I have annoyed some people here because I did not read everything on here pertaining to my issue. Reading all of the stuff here and on UK.Gov is what rattled me in the first place. I am so emotionally hurting from separation anxiety that it has me frazzled.

Wintersong

Take a deep breath and take it all one step at a time - you'll get there. Sounds as though you're really feeling down: I'm sorry

Pollyana

Wintersong's advice is golden. Most of us have been through this kind of thing and the only way to cope is not focus on the separation angle, but take a step back. No-one is annoyed with you really, they are just wanting to help you sort things out.

Put on a logical head, read the threads here, make notes of what you need to collate and start putting it all together. If necessary post a list of the info you have before you submit it - some other posters have done that and many people here will check it for you and let you know if you have an obvious gap.

Good luck

SanDiegogirl

The first thing to confirm is whether you can fulfill the financial requirements.

You said you were both on Social Security.

If you cannot meet the financial requirements everything else is moot - there would be no point worrying about any other aspect of the immigration process.

DaveLovesDee

Basically there are 5 options. These numbers assume there are no non-EU children involved in the application.

1. Your Brit spouse meets the minimum income requirements of £18,600+ pa for at least 6 months before applying employed by an employer (12 months evidence if any month's income is less than £1,550 pcm.

2. Same but as self-employed, and has to be a year's accounts I believe.

3. Savings. Income of less than £18,600pa under option 1 can be made up from savings, up to a total of £62,500. This is calculated as;

18,600-annual income=A Example: 18,600-14,000=4,600
A*2.5=B 4,600*2.5=11,500
B+16,000=C 11,500+16,000=27,500

C is the amount in savings needed. In the example, if the Brit spouse's employment income is £14,000pa, they'll also need £27,500 in savings for you to apply.

4. DLA/PIP/Carer's Allowance. If the Brit spouse is receiving any of these, there are different rules but the Brit must still have an income of at least the couple's rate of Income Support left after housing costs have been paid. This is currently £114.85pw.

5. You're SOL.

Good luck.

Frankie Bronx

I have been reading the UK Immigration website. Under "Apply to join family living in the UK Permanently" Under exceptions, it states "you're in the UK". Does that mean I could apply to remain while being there?

SanDiegogirl

No. That phrase is for folks who already have a visa for entry to the UK and are now switching to the spouse visa.

You can only enter the UK as a visitor and there is no switching to any other visa from a visitor status.

DaveLovesDee

Exceptions

If you’re already in the UK
You can’t apply for a ‘family of a settled person’ visa - you must apply to remain in the UK with family instead.

You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:

as a visitor


You would be unable to legally apply to remain in the UK as a visitor. To remain in the UK longer than 6 months per year, I believe you'd need to apply for a Spouse visa as you're married to a UK national.

Overstaying your visitor status by more than 28 days WILL affect any future visa applications

Visitor rules guidance
V 8.5 The applicant must not be in the UK in breach of immigration laws, except for any period of overstaying of 28 days or less which will be discounted.

Frankie Bronx

Got it. Those advisories on the website are confusing to me.

DaveLovesDee

Deliberately so, to lure the unwary into spending money to apply for visas they don't qualify for.

Shirtback

Frankie: let's break the info down into manageable parts.

Is you wife working? Y/N. If yes, is she earning £18600/year? Y/N. If yes, How long has she been working & earning that salary?

Is your wife receiving benefits (social security - see DaveLovesDee's post #20)? Y/N.

BritInParis

Do you have any recent European ancestry? Italian or Irish-born grandparents for instance?

Frankie Bronx

I would like to see an all inclusive up to date list of all the required forms. Does something like that exist?

DaveLovesDee

Which forms?

Spouse visa?

Sections 5 and 6 tell you what you need.

Frankie Bronx

Thank you. I am feeling much better about the process now.