Pregnant and new rules of spouse visa

[nolico]

Hi, I am Japanese and my husband-to-be is UK citizen, I am currently live in UK with Youth Mobility Scheme visa which will expire in April 2013.
We have lived together 4 months so far and are planning to get married in this autumn and to apply the spouse visa, however his income doesn't meet the requirement. His annual salary is around 12K and our savings are 8K... it seems impossible to ask our parents to give us a cash as gift.
I am 24 weeks pregnant now, and our baby is coming in December. I am really worried about visa after next April, however he keeps saying the new rule is against human rights, so everything will be fine. He says he is British citizen so he has a right to keep his child here in UK, and his child is also UK citizen, the child has a right to have his mother, even if the new rule is set like that, we don't need to be separated.
I really think it is not "fine" at all... I know UKBA is very strict, if we can start preparing to solve this situation, I want to start preparing asap.
What options we can have? If we seek legal advisers or solicitors, they can help us to get my visa or they can't? Should I ask my husband-to-be to get an another job to meet the income requirement? Or should we think to relocate another EU countries as EEA member?
I have no idea what is the best way to us.... Please someone help.

[Joppa]

Originally Posted by nolico

Hi, I am Japanese and my husband-to-be is UK citizen, I am currently live in UK with Youth Mobility Scheme visa which will expire in April 2013.
We have lived together 4 months so far and are planning to get married in this autumn and to apply the spouse visa, however his income doesn't meet the requirement. His annual salary is around 12K and our savings are 8K... it seems impossible to ask our parents to give us a cash as gift.
I am 24 weeks pregnant now, and our baby is coming in December. I am really worried about visa after next April, however he keeps saying the new rule is against human rights, so everything will be fine. He says he is British citizen so he has a right to keep his child here in UK, and his child is also UK citizen, the child has a right to have his mother, even if the new rule is set like that, we don't need to be separated.
I really think it is not "fine" at all... I know UKBA is very strict, if we can start preparing to solve this situation, I want to start preparing asap.
What options we can have? If we seek legal advisers or solicitors, they can help us to get my visa or they can't? Should I ask my husband-to-be to get an another job to meet the income requirement? Or should we think to relocate another EU countries as EEA member?
I have no idea what is the best way to us.... Please someone help.

Konbanwa!

I'm sorry to hear about your problems. There is no easy solution. While your unborn child can stay in UK as a British citizen, you don't have automatic right to extend your stay without being approved for a spouse visa, for which the financial requirement is absolute and non-negotiable. So as things stand, your application for further leave to remain as spouse will be turned down. You can then appeal against the decision by resorting to human rights act, and while the UKBA is reluctant to split up a family, it will be far from easy to be allowed to stay. You need legal representation, and a lot of support from MP, community etc.

Are you in a job and working at the moment? Then your income received in the past 12 months will count towards the minimum requirement, as does your maternity allowance.

Odaijini!

[nolico]

Originally Posted by Joppa

Are you in a job and working at the moment? Then your income received in the past 12 months will count towards the minimum requirement, as does your maternity allowance.

Odaijini!

Hi Joppa, thank you for your quick reply and you said to me odaijini.
Unfortunately I don't work at the moment it is difficult to find a job as I live in countryside and pregnant, I had some small works and income this year but it will not help the financial requirement. If I am not pregnant I would have relocated to London or somewhere large city to find a job or simply return to Japan to start making up savings but both of them are difficult to me right now.

[Joppa]

Originally Posted by nolico

Hi Joppa, thank you for your quick reply and you said to me odaijini.
Unfortunately I don't work at the moment it is difficult to find a job as I live in countryside and pregnant, I had some small works and income this year but it will not help the financial requirement. If I am not pregnant I would have relocated to London or somewhere large city to find a job or simply return to Japan to start making up savings but both of them are difficult to me right now.

There is always a plan B and that is returning to Japan with your child and new husband. He will need a spouse visa, which isn't too difficult to get and doesn't come with stringent financial requirement like in UK. The choice for you as sponsor is either to guarantee his living expenses in Japan, or for him to obtain a certificate of eligibility, i.e. having a university degree which enables him to apply for a job as English (conversation) teacher (eikaiwa koshi).
See Spouse visa
Before you can apply for his visa, you need to register your marriage and your child's birth in Japan. This can take about 3 months.
Details (in Japanese): Koseki
You apply everything through the Consulate General in Edinburgh.
If you run out of time, you (and your child) will have to go to Japan first and your husband to join you when his visa is issued.

As you know, job prospect esp for a foreigner is none too good in Japan, with many language schools closing down and general reluctance to hire staff (esp with no Japanese speaking ability). Also the immigration rules have recently changed and there is now a stringent residence permit scheme (replacing alien registration card). But a few years in Japan, with your family support, may provide a breathing space for planning your future without constant money and immigration worries.

[nolico]

Originally Posted by Joppa

There is always a plan B and that is returning to Japan with your child and new husband. He will need a spouse visa, which isn't too difficult to get and doesn't come with stringent financial requirement like in UK. The choice for you as sponsor is either to guarantee his living expenses in Japan, or for him to obtain a certificate of eligibility, i.e. having a university degree which enables him to apply for a job as English (conversation) teacher (eikaiwa koshi).
Before you can apply for his visa, you need to register your marriage and your child's birth in Japan. This can take about 3 months.
You apply everything through the Consulate General in Edinburgh.
If you run out of time, you (and your child) will have to go to Japan first and your husband to join you when his visa is issued.

As you know, job prospect esp for a foreigner is none too good in Japan, with many language schools closing down and general reluctance to hire staff (esp with no Japanese speaking ability). Also the immigration rules have recently changed and there is now a stringent residence permit scheme (replacing alien registration card). But a few years in Japan, with your family support, may provide a breathing space for planning your future without constant money and immigration worries.

Hi Joppa, thank you very much for the additional plan and a lot of information!
We also consider to relocate to Japan together, but he can not speak Japanese and he doesn't have a degree, so it will be difficult to get a job there. Then it will be OK I guess I can find a job in Japan and work hard to maintain my family, however we are worried if he quit current job in UK and leave from UK, the situation for the future will be more difficult. The immigration rule in UK is getting worse every year. It seems we can not make our life in UK in the future.

I am really shocked why this is happen in this year. I envy all of people who could apply before the rule is changed.

Anyway, we will speak to MP as soon as possible. Thank you very much again for your advice!

[Joppa]

Originally Posted by nolico

Hi Joppa, thank you very much for the additional plan and a lot of information!
We also consider to relocate to Japan together, but he can not speak Japanese and he doesn't have a degree, so it will be difficult to get a job there. Then it will be OK I guess I can find a job in Japan and work hard to maintain my family, however we are worried if he quit current job in UK and leave from UK, the situation for the future will be more difficult. The immigration rule in UK is getting worse every year. It seems we can not make our life in UK in the future.

I am really shocked why this is happen in this year. I envy all of people who could apply before the rule is changed.

Anyway, we will speak to MP as soon as possible. Thank you very much again for your advice!

Yes, I can see that.
I don't know how much help your MP can offer, as UKBA doesn't like making exceptions and applies the rules vigorously.
Do register the birth at the consulate as well. He or she can retain dual citizenship until they are 22, when they have to choose one or the other. Also do the same with marriage, so that details will go on your family register in Japan (koseki). Even if you decide to change your surname, your official name (like on your passport) will stay the same, but on request they can add your new married name to your passport in brackets. So if you become Mrs Noriko Smith, your passport can show Noriko Tanaka (Smith). This is because your Japanese passport must show the name on your koseki, and as you are marrying a non-Japanese, you cannot change your koseki name. If you were marrying a Japanese, the two kosekis would be merged (or rather a new one created), and if you decide your husband to be the first name on the register, you automatically take on his surname.

[nolico]

Originally Posted by Joppa

Yes, I can see that.
I don't know how much help your MP can offer, as UKBA doesn't like making exceptions and applies the rules vigorously.
Do register the birth at the consulate as well. He or she can retain dual citizenship until they are 22, when they have to choose one or the other. Also do the same with marriage, so that details will go on your family register in Japan (koseki). Even if you decide to change your surname, your official name (like on your passport) will stay the same, but on request they can add your new married name to your passport in brackets. So if you become Mrs Noriko Smith, your passport can show Noriko Tanaka (Smith). This is because your Japanese passport must show the name on your koseki, and as you are marrying a non-Japanese, you cannot change your koseki name. If you were marrying a Japanese, the two kosekis would be merged (or rather a new one created), and if you decide your husband to be the first name on the register, you automatically take on his surname.

Hi Joppa, yes I also think UKBA doesn't consider for each cases. Thank you for your advice about if we relocate to Japan. I was not sure about koseki when I get married with foreign people, so it was a helpful advice.
Thank you very much for all of your advice so far.

[Joppa]

I have lived in Japan so I know about all these things.
Best of luck whatever you decide.

Ganbatte ne!

[nolico]

Hi, I gave up to get a spouse visa once but my husband got a better job recently even still it can not meet the financial requirement, we rethink to stay in the UK as much as possible until my husband obtain skills.

Now, I am thinking the two ways.

1) Find a good solicitor, apply to the FLR(M) visa, refused and appeal.
2) Return to my country after expire current visa and apply another visa such as 6 months Visitor visa or Extended Student Visitor visa.

Then I have questions.
1) Is there any successful opportunity of the appeal to the court after refused my FLR application? The court consider the human rights and each couple's situations?
2) I got married to British citizen and have a baby here, is it possible to get a Extended Student Visitor visa after 2 years Youth Mobility Scheme visa?

If there is no luck for the appeal, I don't want to leave my refused application status on the UKBA database, I want to try to get an another visa or choose exile to Japan. However if there is a luck to appeal, I want to try to get a FLR visa.

Please give me any ideas or thoughts. Thank you.

[2farapart]

I don't know how much closer to the £18,600 your husband is, but if he's only about £2000 (or thereabouts) short, is it possible that he could take a part-time job (anything) that he can work in addition to his main job until he has enough payslips showing he exceeded £18,600 in 12 months (hopefully before April 2013).

I know that him taking a second job in addition to his current job is a big undertaking and so I don't suggest it lightly, but wanted to mention it as another option open to you - just in case that helps.

This sort of situation makes me so very sad regarding the new rules. I wish you the best of luck.