[PhillyChic]

Hi Everyone,

I am American married to British husband, we live together in US. I was granted a Spousal VISA under the old rules last year. It expires in 2014. Unfortunately my 85 year old grandmother became ill just after the VISA was granted so we needed to delay our move.

My question is...as we come upon renewal of the VISA, and hope to still move to London...will the renewal be under the old rules or the new? My husband is an artist with unpredictable income, we were able to be accepted because of my income and a job offer in London. He owns real estate but I understand that isn't able to be considered because it's not liquid enough.

We have $60,000 in savings, will this be enough to get us the VISA renewal? If not, can we again be approved on my income, which is around $200K per annum? I guess the biggest part of what I'm confused about is whether or not the renewal will fall under the new or old rules.

Thank you very much, the folks on this forum have been a wonderful help and consolation.

PhillyChic

 

[OrganisedChaos]

If it had been say 3-6 months from issue I would have said you can still enter and then apply to extend it so that you have been in the UK for length of time required to get ILR. But it's been a while so I think Joppa would need to confirm if it's still valid.

 

[nyclon]

You can enter anytime from the valid from til the valid until date. If you enter the UK before expiration you should be able to extend your visa under the old rules. If you can't get to the UK before expiration you will not be able to extend and you will have to reapply under the new rules. Unfortunately, your income can not be used to meet the financial requirement and your savings is not adequate.

Link to financial requirement options:

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Edited to correct: your savings alone is not adequate.

 

[Joppa]

In short, you must spend sometime in UK under the existing visa before you can extend it under the old rules. I suppose in theory you can arrive a day before expiry and apply to extend straightaway, but you should allow more time - a few months maybe. For extension you complete FLR(O) form.

 

[PhillyChic]

Thank you for the replies. So if we'd go for say a month before the expiration of the VISA, shall I apply for the renewal in person while we're there?

 

[nyclon]

What do you mean while you're there? Are you planning on leaving?

 

[PhillyChic]

No we'd very much like to stay. So as long as we can get there within say 3 months of the VISA expiring, fill out the application for renewal and receive the okay before my VISA expires it sounds like that is possible, which is great.

Otherwise my husband will need to move back ahead of me which is a shame since we certainly make good money and have savings and property, but it sounds like that isn't the way the new rules work. Alternatively I could get a work VISA...

 

[nyclon]

Your best scenario is to move to the UK with a reasonable amount of time left on your visa and extend it. Then after 2 years of living in the UK you'll be able to apply for ILR and after 3 years you can apply for citizenship.

 

[Joppa]

As you will be entering UK on a visa issued a long time ago, expect to be asked some questions at UK border and you should be prepared for it. They may ask about the delay - so carry some evidence of grandparent's illness (which should be regarded as compassionate grounds). Then you may be asked if any of your circumstances have changed since, such as relationship, finance, accommodation, so carry some basic information, such as latest bank statement, accommodation details etc. You don't need a job or job offer in UK but you can show you are able to manage without accessing public funds. The rule is having £112.55 left over each week after housing and council tax, which can be covered by savings. So statements showing healthy balance and savings will help. Finally you may be reminded about the next step, which is extending your leave and then going for settlement after 2 years.

 

[PhillyChic]

Thanks Joppa that's very clear. One issue is that I'm not sure I can provide documentation about my grandmother. I helped her move from her home into my father's house. To complicate matters, my husband also was experiencing illness, however this is heavily documented. Should I go with husband as the reason since it's more "provable"? His issues have been resolved so they wouldn't need to worry that he'd need recourse to public funds.