Kind of a complicated situation...

[MrsGriffin]

I am applying for a UK Spouse Visa from the US. My husband is from Manchester, England and is already there and has been for almost three months already. I have a few concerns, and they worry me enough to the point that I almost thought to seek a lawyer (thankfully I found this place first). I have been reading a lot of threads here for a few days before registering, and decided to register because I have a few questions that might be a bit unique to my situation, and hopefully someone here might know how to help.

1. My husband is 26 years older than me. Will this affect our progress at all? We have proof of a genuine relationship- emails, phone records, pictures (wedding and pre-wedding), etc. But it still worries me a bit.

2. We have never shared any financial burdens or assets- no joint bank accounts, no mortgage, no lease agreements, no car titles (or anything financially binding). Will this ruin us? The reason is because when we first met, and through our entire relationship, he was here in the US illegally (he simply overstayed his tourist visa). Which brings me to my next point.

3. Will his overstaying affect this process? This is where it gets really confusing because he has overstayed twice- on two different names. He changed his name and came back to America. We were married under his new name- but he was already an illegal at that point and thus left the day after the wedding. I also wonder if that will affect things, too.

4. He owns a house. Specifically, he has a three-way split ownership of the house between himself and his parents. But in the case that they both pass away, the house becomes solely his. The only problem is that the house is in his birth name, not the new one (although he can provide documents that support the name change). My main concern is that I read somewhere on here that staying with in-laws is fine until you get on your feet. But does his joint ownership of the house change that to where we can live there permanently? And if so, does this greatly help with the proving financial stability portion since the house has been paid off (therefore no mortgage payment)?

5. He is unemployed and currently on jobseeker benefit. However, we have his father's word that he will write a letter saying he will help support the both of us until we can get on our feet. His father has about 18,000 pounds in the account we will be giving the bank statements on (and much more than that in various accounts). My husband also has an account with around 4,500 pounds saved up in it that he will be sending the bank statement for as well. Will I also have to save any money, being that I am unemployed at the moment? Also, several times in the past few months, my bank account has had a negative balance (but never of more than $10, and usually something like 10 cents). Will this negatively impact things?

I am so confused, and so terrified. I am not comfortable with the thought of paying someone over $1,300 dollars to make an important life decision for me. I am so scared that I will be denied and then we will be in big trouble (especially because he isn't allowed back in America for 3 years). Any advice or soothing words would be great.

[Joanne_Manchester]

Hello,

I will try to answer your questions to the best of my knowledge ( I applied for a spouse visa 10 years ago). I'm sure other people will reply to you later on.
I don't think your situation is very unusual , a lawyer will not change the outcome of your spouse application.
1- I do not think that the age difference really matters as long as you can prove that your relationship is genuine
2- Because you are married this doesn't matter, you do not have to show that you have lived with you husband, you just need to show that the relationship is genuine.
3- His overstay was in the USA and has nothing to do with you applying for a spouse visa (it would be different if you would have overstay in the UK).
He will need to provide the documentation for the change of name.
4- He will need to demonstrate that the house is big enough for all of you and your in law should write a letter (to include in the documentation) to explain that they are happy for you to live with them. Your husband will have to show that he jointly owns the house with his parents. If there is no mortgage to pay, the amount needed to show that he can support will be lower.
5- This could be a problem, your husband is your sponsor (not your in laws). Could you not wait until he finds a job (can be a minimum wage job/maybe part time too would be enough as there is no rent to pay)?
It would be better if you had some savings too.


Hope this helps,
Joanne

[MrsGriffin]

Originally Posted by Joanne_Manchester

Hello,

I will try to answer your questions to the best of my knowledge ( I applied for a spouse visa 10 years ago). I'm sure other people will reply to you later on.
I don't think your situation is very unusual , a lawyer will not change the outcome of your spouse application.
1- I do not think that the age difference really matters as long as you can prove that your relationship is genuine
2- Because you are married this doesn't matter, you do not have to show that you have lived with you husband, you just need to show that the relationship is genuine.
3- His overstay was in the USA and has nothing to do with you applying for a spouse visa (it would be different if you would have overstay in the UK).
He will need to provide the documentation for the change of name.
4- He will need to demonstrate that the house is big enough for all of you and your in law should write a letter (to include in the documentation) to explain that they are happy for you to live with them. Your husband will have to show that he jointly owns the house with his parents. If there is no mortgage to pay, the amount needed to show that he can support will be lower.
5- This could be a problem, your husband is your sponsor (not your in laws). Could you not wait until he finds a job (can be a minimum wage job/maybe part time too would be enough as there is no rent to pay)?
It would be better if you had some savings too.


Hope this helps,
Joanne

Thanks for the response, Joanne.

I read somewhere on the UK Border Agency website that his father could offer to help support us since we each are unemployed. As I said, however, my husband DOES have an account with 4,500 pounds in it, and it is all in his name.

The house is definitely big enough for all of us- there are only 3 adults (two of us are married) and three bedrooms. His mother lives in a nursing home (if that is what they're called in England, anyways).

He has been seeking employment, as have I, but there's just such a limited job market these days. Hoping we'll get something lined up soon.

[Joppa]

Originally Posted by MrsGriffin

Thanks for the response, Joanne.

I read somewhere on the UK Border Agency website that his father could offer to help support us since we each are unemployed. As I said, however, my husband DOES have an account with 4,500 pounds in it, and it is all in his name.

The house is definitely big enough for all of us- there are only 3 adults (two of us are married) and three bedrooms. His mother lives in a nursing home (if that is what they're called in England, anyways).

He has been seeking employment, as have I, but there's just such a limited job market these days. Hoping we'll get something lined up soon.

You may succeed or you may not. Often the lack of funds is a major reason for refusal. Asking your in-laws for support (as additional sponsor) is possible, but it's much better to be seen to be largely self-supporting with a regular income. £4500 isn't much and may only be seen to support you for a few months, even with free accommodation.

[MrsGriffin]

Originally Posted by Joppa

You may succeed or you may not. Often the lack of funds is a major reason for refusal. Asking your in-laws for support (as additional sponsor) is possible, but it's much better to be seen to be largely self-supporting with a regular income. £4500 isn't much and may only be seen to support you for a few months, even with free accommodation.

That seems ridiculous to me! Haha, that amount of money could sustain my husband and myself for an entire year with no mortgage payments! How richly do they think we live?

Thanks for your response. This is just so nerve-wracking.

[Joppa]

Originally Posted by MrsGriffin

That seems ridiculous to me! Haha, that amount of money could sustain my husband and myself for an entire year with no mortgage payments! How richly do they think we live?

Thanks for your response. This is just so nerve-wracking.

Living on £4500 a year for two people for a year without housing costs? I'd like to know which part of UK is that cheap! I live in Lancashire, one of the cheaper parts of the country, and for two adults even food alone will come to more than that (minimum £100 a week). Plus bills, insurances, taxes, transport, modest amount of entertaining and holidays. The minimum would be about £1000 a month, and it can easily double that in the South. Even Manchester would be more than rural Lancashire (have lived in Manchester in the past and family still live there, so I know).

I would add that for a couple, neither of them is in work and solely relying on relatives and modest savings, it's unlikely you will be approved for a visa. Wait until either of you (preferably your husband) is in employment for a few months, with pay slips to support.

Originally Posted by Joppa

Living on £4500 a year for two people for a year without housing costs? I'd like to know which part of UK is that cheap! I live in Lancashire, one of the cheaper parts of the country, and for two adults even food alone will come to more than that (minimum £100 a week). Plus bills, insurances, taxes, transport, modest amount of entertaining and holidays. The minimum would be about £1000 a month, and it can easily double that in the South. Even Manchester would be more than rural Lancashire (have lived in Manchester in the past and family still live there, so I know).

I would add that for a couple, neither of them is in work and solely relying on relatives and modest savings, it's unlikely you will be approved for a visa. Wait until either of you (preferably your husband) is in employment for a few months, with pay slips to support.

My husband and I also have no mortgage-our semi detached has been paid for since 2000. We also don't have a TV license. We use wood and paper briquettes (that we make from newspapers our friends and neighbours save for us) to heat our house and water, and cook.

We buy books used (love the library discard sale), watch free movies on the Internet; we listen to radio programmes, walk, visit with friends. We make our own beer, clothing, and I recycle a lot of fabric buying from the charity shops. We grow most of our vegetables, buy other food products when they are on offer, and have a freezer full of my husband's fishing.

We do have a fair bit in the bank, plus my husband is retired and receiving his pension of £1000 per month.

All in all we spend about £500 a month-more often it's less, closer to £350.

We live in Angus, Scotland. We have a wonderful, frugal, life-I can't wait to get home!

[MrsGriffin]

Originally Posted by Joppa

Living on £4500 a year for two people for a year without housing costs? I'd like to know which part of UK is that cheap! I live in Lancashire, one of the cheaper parts of the country, and for two adults even food alone will come to more than that (minimum £100 a week). Plus bills, insurances, taxes, transport, modest amount of entertaining and holidays. The minimum would be about £1000 a month, and it can easily double that in the South. Even Manchester would be more than rural Lancashire (have lived in Manchester in the past and family still live there, so I know).

I would add that for a couple, neither of them is in work and solely relying on relatives and modest savings, it's unlikely you will be approved for a visa. Wait until either of you (preferably your husband) is in employment for a few months, with pay slips to support.

Whoa! The husband claims that he only spends £100 a month on food. Obviously, I don't know too much about living over there, because I've never even been there. But I know that here in America, I live in an expensive town, and I have supported 3, even 4 people on around $350 a month for food. That translates to £212 a month (according to google), and this is only two people to feed (as opposed to twice that).

I know I've never been to the UK, but food can't cost THAT much more than it does in America. Otherwise how would people even survive? He says that on jobseeker allowance, he gets by pretty solidly. He says that things might be a bit tight when I arrive (until I find work), but it's not like we would be homeless or anything.

This is also why we were talking about having his dad speak up as an alternate sponsor, since he has about £36,000 saved up (£18,000 of which we would supply a bank statement for).

I am seriously freaking out now. It almost seems like it would be easier to bring him back to the US. Certainly cheaper. Might take longer, but cheaper. X_X

EDIT: Worth mentioning that neither of us drive. He says that his jobseeker benefit is around $400 per month and he gets by paying for the internet/phone/TV bill, public transport, and food. We would likely share a bus ticket for the month if I'm working so I could use it to get to work, otherwise we would walk. This cuts out the need for a car payment, petrol costs, insurance, etc. Might clear things up a bit.

[Joppa]

Originally Posted by MrsGriffin

Whoa! The husband claims that he only spends £100 a month on food. Obviously, I don't know too much about living over there, because I've never even been there. But I know that here in America, I live in an expensive town, and I have supported 3, even 4 people on around $350 a month for food. That translates to £212 a month (according to google), and this is only two people to feed (as opposed to twice that).

I know I've never been to the UK, but food can't cost THAT much more than it does in America. Otherwise how would people even survive? He says that on jobseeker allowance, he gets by pretty solidly. He says that things might be a bit tight when I arrive (until I find work), but it's not like we would be homeless or anything.

This is also why we were talking about having his dad speak up as an alternate sponsor, since he has about £36,000 saved up (£18,000 of which we would supply a bank statement for).

I am seriously freaking out now. It almost seems like it would be easier to bring him back to the US. Certainly cheaper. Might take longer, but cheaper. X_X

EDIT: Worth mentioning that neither of us drive. He says that his jobseeker benefit is around $400 per month and he gets by paying for the internet/phone/TV bill, public transport, and food. We would likely share a bus ticket for the month if I'm working so I could use it to get to work, otherwise we would walk. This cuts out the need for a car payment, petrol costs, insurance, etc. Might clear things up a bit.

Read what UKBA say about maintenance:
Maintenance & Accommodation (MAA)
While they don't give concrete figures, as each situation is different, they will assess using all available evidence and sustainability of your proposals.
But generally speaking they want to see at least one partner in employment with regular income, or at least having a reasonable chance of a job based on their qualifications and experience. As I've said you may be lucky or you may not be, but they are getting pretty strict on applying the rules.

[Joanne_Manchester]

Originally Posted by MrsGriffin

Whoa! The husband claims that he only spends £100 a month on food. Obviously, I don't know too much about living over there, because I've never even been there. But I know that here in America, I live in an expensive town, and I have supported 3, even 4 people on around $350 a month for food. That translates to £212 a month (according to google), and this is only two people to feed (as opposed to twice that).

I know I've never been to the UK, but food can't cost THAT much more than it does in America. Otherwise how would people even survive? He says that on jobseeker allowance, he gets by pretty solidly. He says that things might be a bit tight when I arrive (until I find work), but it's not like we would be homeless or anything.

This is also why we were talking about having his dad speak up as an alternate sponsor, since he has about £36,000 saved up (£18,000 of which we would supply a bank statement for).

I am seriously freaking out now. It almost seems like it would be easier to bring him back to the US. Certainly cheaper. Might take longer, but cheaper. X_X

EDIT: Worth mentioning that neither of us drive. He says that his jobseeker benefit is around $400 per month and he gets by paying for the internet/phone/TV bill, public transport, and food. We would likely share a bus ticket for the month if I'm working so I could use it to get to work, otherwise we would walk. This cuts out the need for a car payment, petrol costs, insurance, etc. Might clear things up a bit.

I really don't know how he can only spend £100/month on food (does he live on pot noodles?... ) I live in the same area as your husband (I live in Stockport and work in Manchester city center ) and my husband and I spend around £300/month on food (and at the moment we are really careful with our money to pay back some loan and save up). If you go to : Online Grocery Shopping & Delivery Service - Tesco.com you will be able to see the price of grocery (Tesco is quite a cheap grocery shop).
To give you an idea we pay approximately £750/month for : council tax, house insurance,Water, internet/phone/TV, Gas/electric,bus pass,mobile phone , TV license, food..that is all things that your husband will have to pay.

Also think about things you will need for interviews : haircut, nice clothes,etc

You will both need a bus pass if you are looking for jobs (Manchester is quite a big area and you will not want to walk 10 miles for an interview !!). A bus pass will be at least £45.00 each. You should also have a mobile phone to be available all the time if an employer phone you for a job. You can get a "pay as you go one" and top it up with £10.00. Have you change your CV to have the UK format?
Have you research jobs in your field and with yourqualifications to see what is available at the moment (in the Greater Manchester area)?
Don't forget that as an immigrant with no reference in the UK it will take you longer to find your first job.
Is your husband looking for a very specific type of work? because he could probably find something quite fast if he is not too picky, there is quite a lot of jobs at minimum wage available (there is a Primark opening in Stockport and they are looking for staff so maybe he should apply). Once he finds a job then you only need 3 months worth of pay slips and you should be granted your spouse visa.

Hope this helps
Joanne