Spouse Visa - Finances

[amk2010]

Hello,

I have a few quick questions. My wife is about to apply for a settlement visa from India to join me in the U.K. I am currently a student, and therefore, I'm not working, full time or part time.

My questions are as follows:

1. Since I live with my parents, my wife will also live with us. The home is rented by my father. I will have him write a letter that he is willing to give us accommodation. How exactly should we prove that no overcrowding will occur? It's a council home - should we get the council to write a letter? If so, what should we ask them to write? My father, will also provide his bank statements, and job letter, to show that by keeping us there will be no financial burden on him.

2. I know that my father cannot support me - I'm the sponsor, so I have to support my wife. But, since I don't work - what should I do? I'm studying currently. What if my father gives me cash every month? Can this be counted as my monthly income?? If I can prove that my father gives me enough cash allowance every month to support me and my sponsor, will this be acceptable?

Thanks in advance!!

[batleykhan]

Hello,

I have a few quick questions. My wife is about to apply for a settlement visa from India to join me in the U.K. I am currently a student, and therefore, I'm not working, full time or part time.

My questions are as follows:

1. Since I live with my parents, my wife will also live with us. The home is rented by my father. I will have him write a letter that he is willing to give us accommodation. How exactly should we prove that no overcrowding will occur? It's a council home - should we get the council to write a letter? If so, what should we ask them to write? My father, will also provide his bank statements, and job letter, to show that by keeping us there will be no financial burden on him.

Living with parents after obtaining their consent and provided the house is not overcroded should be ok for the application.
If you read the sticky post on this subject in this forum, it will give you a basic idea as to whether your house will be overcrowded. To get an official report you will need to approach your local council who might be able to do one for you

2. I know that my father cannot support me - I'm the sponsor, so I have to support my wife. But, since I don't work - what should I do? I'm studying currently. What if my father gives me cash every month? Can this be counted as my monthly income?? If I can prove that my father gives me enough cash allowance every month to support me and my sponsor, will this be acceptable?

Whilst 3rd party support is now allowed from close family,you say your father cannot support you, so how do you expect him to give you an allowance to support you and your wife. I am of the opinion that whilst partial support from close relative is fine, but the onus is on you as the spouse to provide the majority of the funds to support and maintain your spouse.

If you cant do that, your spouses application will almost certainly be refused. Furthermore I hope you are both over 21.

My advice would be to finish studies and then get married as I am of teh opinion that studies and newly married are not compatable as sometimes the marriage breakdowns or the studying jsut falls apart. As an Asian I thought your dad would have told you that,as I know most parents the studies come first and then the marriage

Thanks in advance!!

[amk2010]

Thanks for your reply.

Thanks for your response on the accommodation. That's understood.

About third party support- I wasn't sure whether it's allowed. When I said, "I know my father can't support me" what I meant was not that he is not financially able to support me, it was under the conception that third party support is not allowed.

However, you have mentioned that third party support is allowed now. How does that work? Do I get my father to write a letter to state that, I the father of so and so, will support my son and his wife in the U.K., and then give proof of his job, as well as his bank statements to prove that he is financially able to support us both? Or is something else required.

About the wedding and studies....thanks for the concern =) But I am well over 21 and so is my wife. I think I'll go along with the wedding.

I look forward to hearing your response with regards to the support question.....

thanks in advance.

[batleykhan]

Like I have said whilst 3rd party support is now allowed from close family , it does not unfortunately mean 100% support from family, which is what it appears in your case.

A small amount of help ( financially) and you might get away with it, but i am afraid in your circumstances, I persoanlly dont think you would get away with it, as you are wholly dependent on your father.

This is my honest opinion

[amk2010]

Alright - thanks for that. One last question =)

There is another aspect to my case, which I think may also make my case stronger - but only you can confirm?

I have a guaranteed offer of employment from a company in July 2012. Currently, I have been enrolled in full-time higher education until July 2012, by that company. The company bears the financial burden of my study, and also pays for my maintenance.

So if my future employer, with which I have a guaranteed place of employment in 2012 writes me an official letter to the affect that,

"So and so, is currently enrolled in full-time higher education, and we are fully responsible for his maintenance. We shall also bear the financial burden of so and so and his wife until the remainder of his studies, as well as after he receives employment in 2012."

Would this be alright?

This letter would show that I have current support (aside from my parents) and that I am guaranteed employment in 2 years - therefore, I shall be able to support my sponsor when she arrives here thereafter.

Let me know - thanks!

[batleykhan]

Once again sorry but the ECO does not makes decisions on what might happen or what is available to you in 2 yrs time.

The decision he makes is based on your circumstances at the time of your spouses application

[Casa]

One very important point here regarding finances. Although a legal ruling recently went in favour of allowing 3rd party support, currently the Regulations and therefore instructions to ECO's haven't yet changed. What it does mean however, is if a refusal due solely to 3rd party support was challenged at Appeal, you would stand a reasonable chance of winning.

[batleykhan]

Thanks Casa for that. Sorry I forgot to mention this bit to OP

[Casa]

That's OK....it's Saturday and the sun's shining. What are we doing on here??