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What are our chances?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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taniaarthur
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What are our chances?

Post by taniaarthur » Wed Oct 14, 2009 4:07 am

hallo everyone
I have been reading some spouse visa succesful stories in here and I can't help but noticing that all of them were from people who have mortgages in the UK, own their businesses or make 45,000 a year.
Me and my English husband have been married for almost 3 years in Mexico, I am Mexican, and we got married in Mexico, we have a 2 year old son and my husband adopted in Mexico my 8 year old little girl from a previous relationship.
He now got a job offer in Sheffield and we want to move to the UK, he starts in January.
We don't have any savings and his salary will be of about 22,500 a year
we have planned to live initially at my in laws (his mum and dad) house which is owned by them and has 3 rooms.
that would be 2 rooms for each couple and one for the kids
this is only for the begining while we look for a place in Sheffield
I haven't been working since I got married cos we have a pretty decent salary in Mexico and we decided I should be a housewive and look after the kids 100 percent, so I depend on him completely

We can prove that my husband has always been employed and supporting his family in Mexico.
and he will start working straight away.
we will travel to England to spend Christmas with his family and then I will come back to Mexico with the kids to sort the visas while he starts his job in January.
By the way he is an English teacher (as a language) with a Sociology degree

Do you think they will refuse him a visa for low income and overcrowded accomodation?

I am really scared of my family being split appart!
how much money are we supossed to earn?
thank you!

batleykhan
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Post by batleykhan » Wed Oct 14, 2009 9:19 am

Do you think they will refuse him a visa for low income and overcrowded accomodation?
The answer is Yes.

The main requirements for a spouse visa is that one can financially support and accomadate their family without recourse to public funds.

To prove this , you have to be working and have a regular income coming in ( £22000 is enough). You can stay with your inlwas for a short period untill such time you are able to afford/rent your own place. Remember you cant ask any one for financial help.

I would advise your husband to come back to Uk, start working and saving and 6 months down the line apply for yours and your child visas.

He will need to send as part of the application, employment letter , wage slips, bank statements, letter of accomodation ( make sure its not overcrowded - see above sticky on this subject).

I think your chances are good in getting the required visa if you do above.

prettypolitical
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Post by prettypolitical » Wed Oct 14, 2009 12:56 pm

Hi taniaarthur,

My hubby was successful on getting his spouse visa!!!!

I work part time and get around 850 a month, which is topped up with tax credits and we have three children and i rent my home from the local council!!!

One of my personal friends was purely on state benifits and her hubby got a spouse visa too.....yeah money helps but you just need to make sure you meet basic requirements which is something like 100.95gbp after paying rent for a couple....its something like that im sure some of the other members could confirm that!! obviously more if you have kids!!


The accomdation part yes as you would need adequate room for you and your family......something which you need to make sure is correct.
???REUNITED???

taniaarthur
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Joined: Wed Oct 14, 2009 3:09 am

thank you

Post by taniaarthur » Wed Oct 14, 2009 2:46 pm

Thank you for your replies
It looks like he will have to be about 6 months in the U.K
and then we will apply
This will be the hardest thing to do as a family cos even when my husband goes away for a week, the kids get really depressed
specially my toddler...
let's see what happens
Thank you.

batleykhan
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Post by batleykhan » Wed Oct 14, 2009 2:58 pm

I am afraid so. I know we all like to be together at all time, but in reality that is not possible. I am afraid you dont have much of a choice if you follow this route :roll:

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Casa
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Post by Casa » Thu Oct 15, 2009 9:47 pm

It may help you to know that when you are returning together to settle in the UK, the ECO should use discretion. My husband and I were living in Spain, I had written job offer in the UK and we stated in our application that we would live temporarily with family. We only had around 6,000 euros in savings. Our visa was issued without a problem.

taniaarthur
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Joined: Wed Oct 14, 2009 3:09 am

Post by taniaarthur » Thu Oct 15, 2009 10:02 pm

Casa wrote:It may help you to know that when you are returning together to settle in the UK, the ECO should use discretion. My husband and I were living in Spain, I had written job offer in the UK and we stated in our application that we would live temporarily with family. We only had around 6,000 euros in savings. Our visa was issued without a problem.
Thank you for your reply, cos sometimes it seems almost impossible for us to ever fill all those requirements
to have a flat and a job before moving back
it was hard enough to get the job over the internet.
thank you!

taniaarthur
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Joined: Wed Oct 14, 2009 3:09 am

Post by taniaarthur » Thu Oct 15, 2009 10:14 pm

I would also like to know if it's really that easy and legal for immigration to deny a visa for economic reasons and split a family appart.

batleykhan
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Post by batleykhan » Fri Oct 16, 2009 5:32 pm

I would also like to know if it's really that easy and legal for immigration to deny a visa for economic reasons and split a family appart.
Yes because they put the immigration legislation before ones personal circumstances. You can ask them to use discretion,but you have to meet some or all of the regulations in order to qualify for that discretion.

keshgrover
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Post by keshgrover » Fri Oct 16, 2009 11:00 pm

batleykhan wrote:
I would also like to know if it's really that easy and legal for immigration to deny a visa for economic reasons and split a family appart.
Yes because they put the immigration legislation before ones personal circumstances. You can ask them to use discretion,but you have to meet some or all of the regulations in order to qualify for that discretion.
I do agree with batleykhan, even if some one puts their case through court it takes well long. So you better off having your document in line with HO requirement.
KESH

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