Need advice on spouse visa.

[AnAmericanInScotland]

Originally Posted by jazz_9

i just want to confirm i am in uk and i have right to work full time. My earning is more then £18 K. My wife is birtish and she is working part time her income is £8k and she is not getting any type of benefits. I will submit my spouse visa application after 19 July. Does this rule effect on my application. IF i will add earnings so our earnings will be equal to £30K and we have no child or dependent.

First of all-you are here now with the right to work-what visa are you here on? Wait, don't answer...

The best thing for you to do right now is read the thread I've linked for you (follows) and then repost your question on that thread:

Changes to spouse visa requirements being announced next week

Links are on that thread to UKBA and Home Office statements regarding the changes that may apply to you depending on the type of visa you are here on.

You can also scroll up in this thread to find a link to the UKBA information on the changes. Happy reading

[qman383]

Hello AnAmericanInScotland, I have one question regarding funds. My wife makes under the amount needed to sponsor me under the old rules but not by much. If I have 7000 US dollars in savings to show I can support my self for 6 months do you think this will be enough to show? Also this was recently given to me by my great aunt and she will be writing a letter to explain this for me to send along with my bank statements.

[AnAmericanInScotland]

Originally Posted by qman383

Hello AnAmericanInScotland, I have one question regarding funds. My wife makes under the amount needed to sponsor me under the old rules but not by much. If I have 7000 US dollars in savings to show I can support my self for 6 months do you think this will be enough to show? Also this was recently given to me by my great aunt and she will be writing a letter to explain this for me to send along with my bank statements.

When you say she doesn't make enough (by a small amount) under the old rules, do you mean that the left over income after housing costs and council tax she doesn't have £112 (rounded up) per week left over?

Plus aprox £65 per week per child if any?

[qman383]

Yes she is under that amount

[AnAmericanInScotland]

Originally Posted by qman383

Yes she is under that amount

There is a formula: apply the savings (can be yours and hers, separate or joint accounts) to the difference spread out over the probationary period-if you have applied or are applying before 9 July that's going to be the difference between the £112 (+£65 per child if any) and whatever she has left over at the end of each week.

I can't do the math for you because I don't know the shortfall-only you and she know that, and truthfully you two (and the ECO) are the only ones who should know that

I am pretty sure what I've written for meeting it with the savings is correct-BUT LUCKILY if I am wrong someone will be along (hopefully quickly) to correct me so that you aren't sent down the wrong path.

[qman383]

Thank you again I had asked about the funds a while back and yes thank God I'm under the old rules as I'm sending my documents next week as I did biometrics yesterday. I have an attorney in England prepared to do an appeal for me if the finaces is going to be the issue, hoping also the ECO will have some compassion and factor in my wife also being a student and a full time mom without my being there and the the fact that I have been there for 4 months or more on each visit without being a burden on anyone there. I know it's 50/50 at the moment. Oh and I did use the formula under the old rules to figure things. Joppa was nice enough to give me the info for that. I will have to factor that in with my savings and see what comes up. Oh and thanks for the ideas on places to visit in Scotland, I can't wait to visit. I will keep you informed on the decision.

[qman383]

Originally Posted by AnAmericanInScotland

There is a formula: apply the savings (can be yours and hers, separate or joint accounts) to the difference spread out over the probationary period-if you have applied or are applying before 9 July that's going to be the difference between the £112 (+£65 per child if any) and whatever she has left over at the end of each week.

I can't do the math for you because I don't know the shortfall-only you and she know that, and truthfully you two (and the ECO) are the only ones who should know that

I am pretty sure what I've written for meeting it with the savings is correct-BUT LUCKILY if I am wrong someone will be along (hopefully quickly) to correct me so that you aren't sent down the wrong path.

Can you tell me what it means when you say "to the difference spread out over the probationary period-if you have applied. What is the probationary period. Sorry I still dont understand some of this when it comes to the finances. Thank you.

[AnAmericanInScotland]

Originally Posted by qman383

Can you tell me what it means when you say "to the difference spread out over the probationary period-if you have applied. What is the probationary period. Sorry I still dont understand some of this when it comes to the finances. Thank you.

If your application is successful you will be granted what is commonly called a probationary spouse visa. (There is a technical name for it, but generally we all say probationary 'cause it's quicker).

The probationary period for successful applications granted or pending pre-9 July from outside the UK is 27 months. At 28 days before the end of the 24th month of residency in the UK you'll be able to apply for the Indefinite Leave to Enter.

So-and here's where I'm not 100% clear...you divide your total savings amounts (her, yours, joint) by 24 OR 27 (the number of months to divide the savings by is what I'm not clear on), then divide it again by the number of weeks, and apply that number to the weekly shortfall to see if you will meet the required amount for your situation.

Oh wow, I've confused myself just trying to write that, lol! I hope that's readable and usable! Very seriously, we really are lucky to have people here on the expat board who are considerably more articulate than I am-one of them will correct and clarify if needed!

ETA: hang on, I think there is a simpler way to explain that. Look at a calendar. 52 weeks in a year. 52x2 (for 24 months)=104. Divide the amount of savings by 104, apply the result to the shortfall per week.

Now, do the same with 27 months by adding 12 weeks to 104 weeks=116. Divide the amount of savings by 116 and apply that result to the shortfall.

Whew. I'm going to copy and paste that to a word.doc, lol, so I never have to figure it out again!

[2farapart]

On the basis of the qualifying rules AIS set out, the easiest way is to work out how short you are per week from the figures she has given you above, calculate what that shortfall is per month, and multiply that by 24 months (to cover the two year period of the spouse visa when qualifying for settlement under the old rules). Anything ABOVE that amount will be a help, but it really does depend on the balance of shortfall versus income because UKBA are becoming more picky about who they'll let in. If your savings are significantly higher than the amount needed, or the shortfall is only small, you should be okay.

[AnAmericanInScotland]

Originally Posted by 2farapart

On the basis of the qualifying rules AIS set out, the easiest way is to work out how short you are per week from the figures she has given you above, calculate what that shortfall is per month, and multiply that by 24 months (to cover the two year period of the spouse visa when qualifying for settlement under the old rules). Anything ABOVE that amount will be a help, but it really does depend on the balance of shortfall versus income because UKBA are becoming more picky about who they'll let in. If your savings are significantly higher than the amount needed, or the shortfall is only small, you should be okay.

Thank-you, I wasn't sure if it was 24 or 27 that the OP should use