income requirements for spouse visa and using tourist visa for spouse visit

[HappyHappyFeet]

Hi,

Those changes to the spouse visa system are sure causing a world of pain. I've been reading through the forum and I really feel for everyone else having trouble.

I'm a UK citizen (through UK born parents), my wife is an Australian citizen. We've been married for 4 years and lived together in Australia until moving to France 12 months ago.

I've been unable to find work in France but London is looking much better and I'm very likely to find a job in London soon. However I've just found out that under the new rules I needed to have been earning for the last 6 months or have £65k saved up. Unfortunately neither are the case.

Here's some questions. Anyone who has any information would be really appreciated:

1. After some checking I see there is a category G for the self-employed which seems to say that the income from 2 financial years can be counted. As I worked like a mad thing to save up before we left my contract income would easily average over £20k per year for the last 2 years. Is the financial year they refer to the UK financial year? What kind of proof is acceptable - invoices and/or tax returns?

2. If I go over to London and again work furiously and earn £18,600 in less than 6 months can my wife then apply for a spouse visa once the magic number has been reached or does she have to wait 6 months?

3. Normally Australians can live in the UK for 6 months without a visa as long as they don't work. We were in London in July and August last year but since then we've been in Paris without returning to Australia. Is there anything that would stop her from heading over to London for 6 months? I know the UK is outside Schengen so I'm hoping the clock can be restarted.

To the other, good luck to all with your troubles. £65k!!!!!

And thanks to anyone for any assistance.

[mehemlynn]

Originally Posted by HappyHappyFeet

Hi,

Those changes to the spouse visa system are sure causing a world of pain. I've been reading through the forum and I really feel for everyone else having trouble.

I'm a UK citizen (through UK born parents), my wife is an Australian citizen. We've been married for 4 years and lived together in Australia until moving to France 12 months ago.

I've been unable to find work in France but London is looking much better and I'm very likely to find a job in London soon. However I've just found out that under the new rules I needed to have been earning for the last 6 months or have £65k saved up. Unfortunately neither are the case.

Here's some questions. Anyone who has any information would be really appreciated:

1. After some checking I see there is a category G for the self-employed which seems to say that the income from 2 financial years can be counted. As I worked like a mad thing to save up before we left my contract income would easily average over £20k per year for the last 2 years. Is the financial year they refer to the UK financial year? What kind of proof is acceptable - invoices and/or tax returns?

2. If I go over to London and again work furiously and earn £18,600 in less than 6 months can my wife then apply for a spouse visa once the magic number has been reached or does she have to wait 6 months?

3. Normally Australians can live in the UK for 6 months without a visa as long as they don't work. We were in London in July and August last year but since then we've been in Paris without returning to Australia. Is there anything that would stop her from heading over to London for 6 months? I know the UK is outside Schengen so I'm hoping the clock can be restarted.

To the other, good luck to all with your troubles. £65k!!!!!

And thanks to anyone for any assistance.

Visits to the UK with a tourist visa as a spouse are a little dicey. unless you can show your plans at the end of the stay. For example two weeks then return flight. If you are trying to 6 months they are going to want proof of accommodation and the money to be financially self sufficient. Even then, what you are talking about seems more like settlement to me, so the border officer may just say no.

Someone else might have more information. Sorry.

[deco]

Are you still living in France? If so, you might be able to get a EEA Family Permit. I don't personally know the exact requirements for it, I just remember Joppa mentioning it in another thread:

If your British spouse/partner were to get a job in another EU/EEA country, like France, and you both go and live there for a length of time (unspecified but a minimum of 6 months would be a sensible guide), then you can apply for EEA family permit to come to UK with your spouse, bypassing UK spouse visa rules (called Surinder Singh judgement). There is no financial requirement if you are both coming to UK together, the permit is issued free and you can apply for a five-year residence card after arrival, giving you a proof of the right to work. After 5 years you can apply for settlement (permanent residency).

[nyclon]

Originally Posted by deco

Are you still living in France? If so, you might be able to get a EEA Family Permit. I don't personally know the exact requirements for it, I just remember Joppa mentioning it in another thread:

He said he was unable to find work in France.

[Flaneur]

good luck!

[HappyHappyFeet]

Originally Posted by nyclon

He said he was unable to find work in France.

Thanks nyclon and deco. We are still living in France but as nyclon says i haven't found a job here. Ironically my wife could get one a lot more easily but is unable to as she can't get work permission until I find work. Catch-22 much?

Mehemlynn, thanks for the warning about the tourist "visa". I can see how that could be a problem. Probably what we'd do is wait for me to get a job then work out how long it'd take me to earn £18,600 then buy my wife a ticket back to Australia for that date so she can lodge her spouse visa application and show the plane ticket at border control on entry to UK. That should be enough for mr border officer don't you think?

[2farapart]

Originally Posted by HappyHappyFeet

Thanks nyclon and deco. We are still living in France but as nyclon says i haven't found a job here. Ironically my wife could get one a lot more easily but is unable to as she can't get work permission until I find work. Catch-22 much?

Mehemlynn, thanks for the warning about the tourist "visa". I can see how that could be a problem. Probably what we'd do is wait for me to get a job then work out how long it'd take me to earn £18,600 then buy my wife a ticket back to Australia for that date so she can lodge her spouse visa application and show the plane ticket at border control on entry to UK. That should be enough for mr border officer don't you think?

I might be misreading your post, but in case I'm not, you don't have to make the sum of £18,600 (depending on where you work). If you return to the UK and you get a job that pays £18,600 or higher, you simply have to keep this job for at least 6 months, then your wife would be able to apply for a spouse visa and join you - so in other words, you don't have to prove you earnt all £18,600, just that you have a job that ultimately will. If working overseas, you would have to work for 12 months earning the equivalent sum AND have a confirmed job offer awaiting your return. Hope that helps.

[HappyHappyFeet]

Originally Posted by 2farapart

I might be misreading your post, but in case I'm not, you don't have to make the sum of £18,600 (depending on where you work). If you return to the UK and you get a job that pays £18,600 or higher, you simply have to keep this job for at least 6 months, then your wife would be able to apply for a spouse visa and join you - so in other words, you don't have to prove you earnt all £18,600, just that you have a job that ultimately will. If working overseas, you would have to work for 12 months earning the equivalent sum AND have a confirmed job offer awaiting your return. Hope that helps.

Thanks 2farapart you read my message right. Unfortunately it sounds like it's not such good news.

From what you're saying I take it that if I could earn £18,600 in one month (just hypothetical) I'd still have to wait 6 months before my wife could apply? Ie it's not the sum that's important but the period of time.

By the way, do you or anyone else know about category G for the self-employed which seems to allow income over the previous 2 years to be counted?

I'm starting to think we may need to talk to a lwayer. Does anyone have a recommendation for someone based in London? I'm happy to take personal messages if recommendations aren't allowed in the forum.

Thanks.

[2farapart]

Originally Posted by HappyHappyFeet

Thanks 2farapart you read my message right. Unfortunately it sounds like it's not such good news.

From what you're saying I take it that if I could earn £18,600 in one month (just hypothetical) I'd still have to wait 6 months before my wife could apply? Ie it's not the sum that's important but the period of time.

By the way, do you or anyone else know about category G for the self-employed which seems to allow income over the previous 2 years to be counted?

I'm starting to think we may need to talk to a lwayer. Does anyone have a recommendation for someone based in London? I'm happy to take personal messages if recommendations aren't allowed in the forum.

Thanks.

LOL! Well, after falling off my seat at the idea of you earning £18,600 a MONTH (and you're right - you'd either very quickly make £62,500 savings but then you have to hold that for 6 months, or just keep the job for 6 months), I'm going to link you to a guide which has two comprehensive pages about self-employment (the requirement) and then the evidential requirements. I'm not being lazy, but rather it's a whole pile of information to quote.

So, download this UKBA document: http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf and take a particular look at pages 43 (para 164) which discusses the requirements for using self-employment, and page 47 (para 174c) which lists the evidential requirements.

[Joppa]

Or just try to get a job in France. It doesn't have to be highly paid - only that it's a proper job (even at minimum wage) and not casual or transient. Working as a barman full-time will be fine, but not just at weekends, for example. The rule doesn't lay down how long you have to be in employment (or self-employment), but 6 months is a good guide.

Then your wife can apply for EEA family permit (under Surinder Singh rule) without having to meet any financial requirement and arrive with you in UK, and can then apply for a 5-year residence card. She will be permitted to work.