Married for 35 years, is spousal visa the only option?

[Poppet007]

Hi all,

My parents have been married for 35 years and have lived in South Africa all their lives. My dad got his British passport a few years back through his mum. My parents now want to immigrate to the UK, is my moms only option a spousal visa? Skilled workers visa isn’t an option. Just seems so unfortunate as myself and my brothers are in the UK through ancestral visas and my dad has a BP so just my mom we have to sort.

Any advice would be much appreciated. TIA

[CR001]

is my moms only option a spousal visa?

Yes.

If you father did not have a british passport through registering on form UKM, he could have applied for an Ancestry visa plus for your mother, if any of his grandparents were born in the UK. But as he is British, this is no longer an option.

[Poppet007]

Thank you so much for your reply, I really appreciate it

[CR001]

How old is your Mom?

Note that your father will have to prove he meets the financial requirements and prove adequate accommodation.

[Poppet007]

My Mom is 56. My Dad plans on coming over to the UK, working for 6-8 months and then submitting the spousal visa application. My mom will still be in SA during this time. With regard to accommodation, my Dad will stay with my brother initially before renting a flat. I wish there was a simpler route but grateful there is a route at all.

[CR001]

She will need to meet the English test requirement for a spouse visa.

Unfortunately, before to July 2012, there was a lot of abuse of the spouse visa route, hence the rules being a lot harder for the last 10 years.

[vinny]

Did they provide any evidence of such an abuse?

[JB007]

Did they provide any evidence of such an abuse?

Sham marriages; leaving their partner as soon as they had IRL; no inteniton of working/working much and became a burden to the UK taxpayers; wanted to come to the UK but didn't want to intergrate; a route used by crinimals to get to/stay in the UK etc.

Likely you will find more abuses if you look back at posts on here prior to 2012.

https://www.gov.uk/government/news/radi ... man-rights

We welcome those who wish to make a life in the UK with their family, work hard and make a contribution but family life must not be established here at the taxpayer’s expense

"The MAC’s analysis found that almost half (around 45 per cent) of current sponsors are either unemployed or earning below the £18,600 threshold."

‘To play a full part in British life, family migrants must be able to integrate - that means they must speak our language and pay their way. This is fair to applicants, but also fair to the public.

‘British citizens can enter into a relationship with whomever they choose but if they want to establish their family life here, they must do so in a way which works in the best interests of our society.’

Other new rules include:

only allowing non-EEA adult and elderly dependent relatives to settle in the UK where they can demonstrate that, as a result of age, illness or disability, they require long-term personal care that can only be provided in the UK by their relative here, and requiring them to apply from overseas;
requiring, from October 2013, all applicants for settlement to speak better English and pass the Life in the UK Test;
introducing a minimum probationary period of five years for settlement to deter sham marriages.

The UK also ended claiming benefits as soon as they arrive, for those partners who arrived in the UK having never paid taxes to the UK- the end or ILE for those married to a British citizen outside the UK for at least 3 years (?)

To end the abuse of those who used Free Movement/other EU rules to come to the UK for what they can take, the UK brought in many, many different welfare rules an d some retrospectively, to make the welfare systems of other EEA countries more attractive to these people.

[vinny]

Yes. I understand they claimed certain things. But as with student overstayers or denial of parties, how much of these claims are based on reality?

Moreover, the Mac apparently has regrets.

[JB007]

Yes. I understand they claimed certain things. But as with student overstayers, how much of these claims are based on reality? Moreover, the Mac apparently has regrets.

Hmmm. I read your (double) link to get to that article, but they seem to have forgotton that since that £18,600 was brought in all those years ago, the £18,600 requirment has not risen?

Therefore, if their sponsor's skills are so low and they haven't been in work for years, so that all they can get a job doing to sponsor is on the hourly national minimum wage of £9.50, they could work less than a full week to meet the £18,600 to sponsor. Of course if the sponsor drops their working hours again when the visa has been issued, they will likely get a 3 month sanction on their welfare benefits.

Although, with the welfare changes that the UK have been starting to change since about 2008, there is no more choosing to live on welfare benefits. To avoid all their benefit conditions and sanctions, the sponsor would likely have to earn 35 hours a week at the NMW of £9.50 anyway. The minimum wage rises every year and I would guess that 35 hours would rise too at some point, to realisticly reflect a full working week.