Application for Spousal Visa & MN1 - Help Needed

[mheuer]

I have been through the pinned topics and have not found my situation discussed so i would like to see if anyone knows how it would work or has faced a similar situation.

My wife is British by decent and is a resident UK citizen. Our two children live in the UK with her and are on Limited leave to remain (this was granted exceptionally and based on the fact that we are not a "complete family"). They have resident permits for 30 months.

We are working on gathering savings along with part time work that my wife does and earns a salary for.
She claims benefits currently as with me being outside the UK and running 2 households are costly. Our plan is to cancel the benefits 6 months before i make my visa application to join my family in the UK.

The two questions i have are:
1. Whether when i make my application will it be just considering me ie. 18,600 or will the kids who are already resident in the UK have to be included which would take the financial requirement up to 24,800?

2. Once the kids have been resident in the UK for 3yrs are they eligible to apply through the MN1 form for registering their births(becoming settled) or do i need to be in the UK for 3yrs before they can apply? In the MN1 form it says both mother and father should be resident for 3yrs?

Thanks in advance for your support.

[Casa]

What do you mean by 'not a complete family'?

I assume you mean that the children have limited leave to remain visas (not permits).

[CR001]

1. Whether when i make my application will it be just considering me ie. 18,600 or will the kids who are already resident in the UK have to be included which would take the financial requirement up to 24,800?

If the children are not British, they are included in the financial calculation and your wife will have to show evidence of income of £24,800pa. Only savings in excess of £16,000 combined with a lower income, will be considered.

If she is entitled to claim benefits, then she can, but they cannot be used in the financial calculation. What benefits is she claiming?

[mheuer]

What do you mean by 'not a complete family'?

When we applied for ILR for the kids they declined it and granted them limited leave to remain instead based on the justification that because i did not live in the UK with them we are an "incomplete family" and thus the kids would not be granted ILR until we are complete, ie. i have immigrated and live in the UK with my family.

[Obie]

Where were the children born?

[mheuer]

1. Whether when i make my application will it be just considering me ie. 18,600 or will the kids who are already resident in the UK have to be included which would take the financial requirement up to 24,800?

If the children are not British, they are included in the financial calculation and your wife will have to show evidence of income of £24,800pa. Only savings in excess of £16,000 combined with a lower income, will be considered.

If she is entitled to claim benefits, then she can, but they cannot be used in the financial calculation. What benefits is she claiming?

Ok thanks for the clarification. For the financial requirement we will consider her salary average (excluding the benefits) and top the balance up with savings minus the £16000 base savings divided over 30 months. Thats how i understood it? Which would be £78000 less my wifes salary over 30 months?

[CR001]

What is your wife's salary?

If she earns enough to meet the requirement, you don't need savings. If you have that level of savings held for a minimum of 6 months, you don't need the annual salary.

[mheuer]

What is your wife's salary?

If she earns enough to meet the requirement, you don't need savings. If you have that level of savings held for a minimum of 6 months, you don't need the annual salary.

Here average is around £500 per month. It varies from month to month but averages around £500 as she is only able to work part time while kids are at school since she is alone there with them without support.

[Obie]

Assuming your children were born overseas, which appears to be the case, was the mother present in the UK for a period of 3 years prior to their birth, with absence over that 3 years period less than 270 days.

[mheuer]

Assuming your children were born overseas, which appears to be the case, was the mother present in the UK for a period of 3 years prior to their birth, with absence over that 3 years period less than 270 days.

Yes my wife was born outside the UK and received her citizenship through her dad who was born in the UK. Both kids were born outside the UK and the 1st time my wife and kids stepped foot in the UK was Feb 2015.

[CR001]

She would then only be able to register them as BC in Feb 2018, 3 years after arrival.

When do you plan on applying for your spouse visa?

[mheuer]

She would then only be able to register them as BC in Feb 2018, 3 years after arrival.

When do you plan on applying for your spouse visa?

Ok thanks for clarification. Prob around the same time provided ive been able to save up enough by about Aug next year to sit in her account for 6 months before i apply.

[CR001]

Which country are you in?

Bear in mind that you will need to provide strong evidence of subsisting marriage to get a spouse visa and living separately for 3 years, you will need to show lots.

[mheuer]

Which country are you in?

Bear in mind that you will need to provide strong evidence of subsisting marriage to get a spouse visa and living separately for 3 years, you will need to show lots.

Originally from South Africa but currently working and living in Saudi Arabia. We have been married for 8yrs and have 2 kids together and lived together until they moved over. I visit roughly every 3 to 4 months for a week or 2. Our rental contract in the UK is in both our names and can provide substancial evidence that we are a family only seperated due to the UKs strict immigration rules for UK citizens married to foreigners.

[CR001]

Which country are you in?

Bear in mind that you will need to provide strong evidence of subsisting marriage to get a spouse visa and living separately for 3 years, you will need to show lots.

Originally from South Africa but currently working and living in Saudi Arabia. We have been married for 8yrs and have 2 kids together and lived together until they moved over. I visit roughly every 3 to 4 months for a week or 2. Our rental contract in the UK is in both our names and can provide substancial evidence that we are a family only seperated due to the UKs strict immigration rules for UK citizens married to foreigners.

You would still need to provide strong documentary evidence though. This is due to so many in the past abusing the system and 'claiming to have family' etc.

You need to be really careful about the rental contract here. The new Right to Rent legislation which came into effect this year can have an effect on you/wife as you are not allowed to rent in the UK as have no permission to reside.

You guys might have been better off looking at the EU route originally in 2015, cheaper option for you and no stringent requirements.

Do you not have any UK ancestry, ie UK born grandparents perhaps?

[Obie]

Yes my wife was born outside the UK and received her citizenship through her dad who was born in the UK. Both kids were born outside the UK and the 1st time my wife and kids stepped foot in the UK was Feb 2015.

In that case the children will only qualify 3 years after you enter the UK and not February 2018.

[CR001]

Yes my wife was born outside the UK and received her citizenship through her dad who was born in the UK. Both kids were born outside the UK and the 1st time my wife and kids stepped foot in the UK was Feb 2015.

In that case the children will only qualify 3 years after you enter the UK and not February 2018.

Ahhh, thanks for clarifying Obie.