I’m hoping someone has experience or advice.
We are due to renew my husbands visa this month and unfortunately for settlement visa (5 year route) due to a circumstance out with our control my husband has not been able to work and has been charged of an offence pending trial (his friend is the actual accused, my husband is only there in tjthe case because he was there; however the ‘friend’ ran away, has no visa and hasn’t been seen since the event in question so police have pinned it to my husband pending a trial that even the accuser and witnesses claim was not my husband.. it still has to go to trial!) and I’ve returned to work part time after our son who is now 1. We will not meet the £18,600 requirement that we have always met until now but due to him being on bail and pending charges etc he cannot gain employment and is also very down and sees a psychiatrist etc pending this trial etc.
If we apply for FLR on the family life does this mean we will be granted 5 years or 10 years route? He has already completed the 5 years route hence the settlement visa we should have been doing but because of the case and our income we won’t meet the financial requirement?
We thought after this settlement visa no more nhs fee or cisa’s And we can actually LIVE a relatively normal life without stress but I his pending case (that may also be dropped in a few weeks) .. but mostly the financial requirement ... is stopping us getting his settlement.
I know with ththe case his application will be ‘pending’ Until the outcome however does anyone know any way around the financial requirement (exceptional circumstances) was that we may still apply for his settlement pending outcome of this case?
If not, if we apply for flr partner / parent , will be granted 5 year route automatically as he has already spent 5 years here? Or can that route be counted towards his 5 year settlement plan? As in, after 2.5yrs can he apply for settlement when he is working and making money, and my hours are increased ?
Very tricky situation but really need advice or something I may not have seen / thought of ?
We have been on spouse visa since 2013, always met the financial side, he has always worked until this charge and police matter, and we have 2 kids aged 4 and 1. The lawyers are very adamant it will be thrown out of court or he will be found not guilty but our whole life has went in the bin because of this charge! And the police have also meddled with statements etc. He has a top lawyer representing him but for the visa stuff I don’t know if there is any way around the financial requirement to continue as we have?
Thank you so much for reading
Elizabeth
