UK spouse visa phone interview

[smah]

Hi Guys,
I am British and so is all my ancestors,ie my parents and their parents etc. Married to my husband on october 2017.who lived in UK but became a overstayer due to miss representation.So he decided to leave the country voluntarily and we both travelled together to his home country. I stayed with him in there since August 2018 till september 2019. I have just given birth to our first baby in UK. I have not been working and so dont meet the 18600 threshold for my husband to apply for the spouse visa. But can he apply for any other visa ie visitor to come and see his son?
Please advise generously as i am quite distressed managing it all on my own.
Thanks in advance

[CR001]

Unlikely he will be granted a visitor visa with a history of previously overstaying etc. With a spouse and child in the UK, there is more reason for him to stay than leave.

[geoeng]

Probably a long shot, but any chance you receive any of the following benefits?
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injury Disablement Benefit.
- Attendance Allowance.
- Carer’s Allowance.
- Personal Independence Payment.
- Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.

[CR001]

Probably a long shot, but any chance you receive any of the following benefits?
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injury Disablement Benefit.
- Attendance Allowance.
- Carer’s Allowance.
- Personal Independence Payment.
- Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.

OP has only recently returned to the UK and would likely fail the Habitual residence test for many of the benefits or universal credit.

[geoeng]

OP has only recently returned to the UK and would likely fail the Habitual residence test for many of the benefits or universal credit.

Right, if only I'd prefaced my question by saying it was unlikely.

[smah]

Guys, Thanks for all the responses.
I wish i took your advice sooner.
To assure you no, I am not in receipt of any of these benefits.
Do i feel like dumb at times??
Yes, Sometimes.
But thats life and we learn in every turn.
In this turn of my life, our ben is the most precious thing to us and we want to do everything right for him. With that in mind may i have your honest suggestion about what is the best route for us to take for my husband to accompany us as i could not really do it all on my own.
Thanks a million

[seagul]

Simply find a job giving you at least £18600 or find someone in your family who can give you £62500. In both cases you have to wait until next 6 months.

[smah]

Simply find a job giving you at least £18600 or find someone in your family who can give you £62500. In both cases you have to wait until next 6 months.

Hi Seagul,
Thanks so much for the response. As i am a single parent and have to look after my son now i won't be able to find a job for some time until the ben is able to eat solid.
On the other hand, if any of my family members give me the money do i have to show the source of the fund?
Also, my husband has got aprx £40000 in savings for over a year in his Bangladeshi account. Does that count and also do we need to show the source of the fund?
Thanks again guys please let me know if any other ways as well ie through EEA or EU as am not sure what is happening with Brexit.

[seagul]

On the other hand, if any of my family members give me the money do i have to show the source of the fund?

You have to give the decalaration regarding the source of funds

Also, my husband has got aprx £40000 in savings for over a year in his Bangladeshi account. Does that count ?

Yes that will count but your 6 months older savings must be £62500 and if you have got any then you can combine with it

Thanks again guys please let me know if any other ways as well ie through EEA or EU as am not sure what is happening with Brexit.

You wont be covered by any EU/EEA route because its too late now for surinder singh route as UK is leaving EU in few days/months.

[geoeng]

On the other hand, if any of my family members give me the money do i have to show the source of the fund?
Also, my husband has got aprx £40000 in savings for over a year in his Bangladeshi account. Does that count and also do we need to show the source of the fund?

In addition to combine your savings with his, you can also combine his savings to reduce the amount of income you would need to prove in order to meet the financial requirement. As an example, using £40,000 cash savings, you would only need to prove an income of £9,000/year. I entirely understand not wanting to find a job at the moment, but hopefully that helps when you are looking to go back.

[smah]

On the other hand, if any of my family members give me the money do i have to show the source of the fund?

You have to give the decalaration regarding the source of funds

So, lets say if i borrow it from my mother, how do i go about it?

Also, my husband has got aprx £40000 in savings for over a year in his Bangladeshi account. Does that count ?

Yes that will count but your 6 months older savings must be £62500 and if you have got any then you can combine with it
[/quote]
So that means i need to have an additional 12500 for six month ?

Thanks again guys please let me know if any other ways as well ie through EEA or EU as am not sure what is happening with Brexit.

You wont be covered by any EU/EEA route because its too late now for surinder singh route as UK is leaving EU in few days/months.
[/quote]
The PM sent an extension request for the brexit, Does that make any difference?

[smah]

On the other hand, if any of my family members give me the money do i have to show the source of the fund?
Also, my husband has got aprx £40000 in savings for over a year in his Bangladeshi account. Does that count and also do we need to show the source of the fund?

In addition to combine your savings with his, you can also combine his savings to reduce the amount of income you would need to prove in order to meet the financial requirement. As an example, using £40,000 cash savings, you would only need to prove an income of £9,000/year. I entirely understand not wanting to find a job at the moment, but hopefully that helps when you are looking to go back.

Thanks for the suggestion. That will be much better. But that makes it all together 49000 though.
the savings ..I thought the amount needs to be greater then 62500??

[geoeng]

Thanks for the suggestion. That will be much better. But that makes it all together 49000 though.
the savings ..I thought the amount needs to be greater then 62500??

It's really early in the morning to be doing math The cash savings amount required is based on meeting the financial requirement for the full 2.5 year length the visa is granted for. So the total amount you would need to meet is £62,500 but you would meet it as follows:
£40,000 + [(£9,000/year)*(2.5 years)] = £40,000 + £22,500 = £62,500

In to answer your other questions - you can't "borrow" the funds, it would have to be a gift as promises of third party support cannot be used and you would need a letter stating this from your mother and have held the funds for at least 6 months. You would need an additional £22,500 on top of your husband's savings. And extension request for Brexit won't make a difference here at the moment.

[smah]

Thanks for the suggestion. That will be much better. But that makes it all together 49000 though.
the savings ..I thought the amount needs to be greater then 62500??

It's really early in the morning to be doing math The cash savings amount required is based on meeting the financial requirement for the full 2.5 year length the visa is granted for. So the total amount you would need to meet is £62,500 but you would meet it as follows:
£40,000 + [(£9,000/year)*(2.5 years)] = £40,000 + £22,500 = £62,500

In to answer your other questions - you can't "borrow" the funds, it would have to be a gift as promises of third party support cannot be used and you would need a letter stating this from your mother and have held the funds for at least 6 months. You would need an additional £22,500 on top of your husband's savings. And extension request for Brexit won't make a difference here at the moment.

Thanks for the explanation. That helps. Sorry for the early call though.
Does my husband need to provide any source of fund declaration as well?
Also, someone pointed out that my husband can still come if we don't meet the financial requirements but we need to take the 10-year route for settlement. Any thought on that??

[seagul]

Also, someone pointed out that my husband can still come if we don't meet the financial requirements

No he can't on spouse visa if the financial requirement cannot be met

[smah]

Also, someone pointed out that my husband can still come if we don't meet the financial requirements

No he can't on spouse visa if the financial requirement cannot be met

Can he apply as a parent?
Also if we were to show the savings that my husband has do we still need to show the source of the fund?
If so is it a good idea to declare that he had received some injury compensation while he was in the UK ?
FYI: As mentioned earlier due to the solicitor conning him he was an overstayer while he received the fund
Thanks again guys

[seagul]

Can he apply as a parent?

Maybe not because:

Relationship requirements

E-ECPT.2.3.
(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

https://www.gov.uk/guidance/immigration ... ly-members

Also if we were to show the savings that my husband has do we still need to show the source of the fund?

Yes declaration

If so is it a good idea to declare that he had received some injury compensation while he was in the UK ?
FYI: As mentioned earlier due to the solicitor conning him he was an overstayer while he received the fund
Thanks again guys

UKVI wont exercise any discretion due to having bad solicitor experience. More likely these funds wont be accepted derived as an overstayer.

[smah]

Can he apply as a parent?

Maybe not because:

Relationship requirements

E-ECPT.2.3.
(a) the applicant must have sole parental responsibility for the child; or
(b) the parent or carer with whom the child normally lives must be-
(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant; and
(iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix.

https://www.gov.uk/guidance/immigration ... ly-members

Also if we were to show the savings that my husband has do we still need to show the source of the fund?

Yes declaration

If so is it a good idea to declare that he had received some injury compensation while he was in the UK ?
FYI: As mentioned earlier due to the solicitor conning him he was an overstayer while he received the fund
Thanks again guys

UKVI wont exercise any discretion due to having bad solicitor experience. More likely these funds wont be accepted derived as an overstayer.

Guys as the Brexit has been delayed are there any possibilities that we can use the Surrinder sing route?
Much appreciate your early response

[CR001]

You likely don't have enough time to use the surinder Singh route really. You need to be exercising treaty rights and your partner needs to be with you for at least 6 months in another EU state. You have to prove you moved the centre of your life to another EU state.

[seagul]

Guys as the Brexit has been delayed

UK will still be out of EU any day before 31st January 2020 once any deal is ratified.

[geoeng]

UK will still be out of EU any day before 31st January 2020 once any deal is ratified.

You said that before the last extension Pretty sure that just guarantees another one in 3 months

[smah]

UK will still be out of EU any day before 31st January 2020 once any deal is ratified.

You said that before the last extension Pretty sure that just guarantees another one in 3 months

Exactly, What do you think guys? Can I still take that chance of going to Spain and take the EEA route?

[ALKB]

UK will still be out of EU any day before 31st January 2020 once any deal is ratified.

You said that before the last extension Pretty sure that just guarantees another one in 3 months

Exactly, What do you think guys? Can I still take that chance of going to Spain and take the EEA route?

You can of course take a chance. Just be prepared to be potentially stuck in Spain. Depending on what (if) happens with Brexit, it may be difficult or impossible to switch EU countries after the UK leaves the EU. So you got to be sure that Spain is the right country for you to do this.

Ask yourself: would I be willing to live in Spain long term? Not just six months but 2, 3, 6 years or longer?

Do you speak Spanish? Have you spent any time in Spain that was not on a holiday?

For Surinder Singh to be working out, you as the EU spouse would have to be economically active. Your child won't be any older in Spain than in the UK. Will you be able to work a job that is 'genuine and effective and not marginal or ancillary'?

Not sure whether this has been asked before, does your husband have in-demand skills?

[smah]

Hi again guys,
Welcome to you all to all brand new UK in the new year.
As previously mentioned i cannot go back and see my husband due to the social services barrier. So that stops me from working and fulfilling the financial criteria of 18600 and even though my husband has some savings it is lower than 62500 and is in Bangladesh.
Now 3 idea has been given to me by professionals based on my scenario but i am very confused and really need your help.
1. Depend on my husband's savings(He holds the money in a bank that is not in the list of authorized banks by HO) and make the case on human rights article 8 as it is stopping us living together.......

2. Having a conditional job offer from the UK for my husband that meets the criteria of 18600.

3. Get someone to sponsor him due to the exceptional case that we have.

Guys really struggling with our son on my own so I will genuinely appreciate your early help.

[CR001]

1. Depend on my husband's savings(He holds the money in a bank that is not in the list of authorized banks by HO) and make the case on human rights article 8 as it is stopping us living together.......

2. Having a conditional job offer from the UK for my husband that meets the criteria of 18600.

3. Get someone to sponsor him due to the exceptional case that we have.

Number 1 : you have only recently returned to the UK after living with him abroad, so an article 8 claim stating him getting a visa is preventing you from living together would be a weak one as you have demonstrated you are able to move to his country to live.

Number 2 is irrelevant for a spouse visa. It is only your income and job that is considered for the initial spouse entry clearance visa. He can use his savings and if you can get the rest together and meet the six month requirement, then you can also apply with both savings accounts, provided it meets HOs requirements.

Number 3 : sponsor him for what visa or how exactly?? Third party sponsorship is not permitted for a spouse visa. If he can get a job with a sponsoring company and a tier 2 general visa, then he can come on that route and then at some point switch to a spouse visa when his UK income meets the requirements of 6 months etc.

In all of this, be aware that his long period of overstay could be an issue for any visa.