Spouse and kid refused twice, any hope after visa extension

[larry]

Hi all,
I am a HSMP immigrant. During my first year in the UK, my wife and kid applied twice to join in the UK but they were refused. The main reason being that my earning was not enough (£650/month) and we will recourse to public fund.

Now, I have got extension for 4 years and I am earning better (1,080/month) although I am not yet working in my field. I am living outside london and my rent is just £260/month for one bed flat. I also have around £2500 in my bank account.

Now I am thinking that my wife should apply again and I need to advice on best way to go about it.

1. Considering my new salary (£1,080) and rent (£260), it is advisable to apply for my wife and kid together again or to apply for my wife alone first and we can apply for our child later when she joins me and start working.

2. My wife already has our child name on her passport and we want to seperate it so that my child can have her own passport. Does she have to go to our passport office to remove our kid name or just get another passport for her (kid).

3. What are things we can do/show to convince the ECO that we cannot resource to public funds.

Your valuable advice sahll be highly appreciated and considered.

larry

[Wanderer]

Hi all,
I am a HSMP immigrant. During my first year in the UK, my wife and kid applied twice to join in the UK but they were refused. The main reason being that my earning was not enough (£650/month) and we will recourse to public fund.

Now, I have got extension for 4 years and I am earning better (1,080/month) although I am not yet working in my field. I am living outside london and my rent is just £260/month for one bed flat. I also have around £2500 in my bank account.

Now I am thinking that my wife should apply again and I need to advice on best way to go about it.

1. Considering my new salary (£1,080) and rent (£260), it is advisable to apply for my wife and kid together again or to apply for my wife alone first and we can apply for our child later when she joins me and start working.

2. My wife already has our child name on her passport and we want to seperate it so that my child can have her own passport. Does she have to go to our passport office to remove our kid name or just get another passport for her (kid).

3. What are things we can do/show to convince the ECO that we cannot resource to public funds.

Your valuable advice sahll be highly appreciated and considered.

larry

You need a bigger place, a one-bed flat sounds like it's too small for three of you. One of tests is suitable accomodation (and proof of it).

Steve

[John]

Larry, I think Wanderer is right. Have a look at this topic.

I also have concerns about you passing the financial test ..... proving that certain Public Funds will not need to be claimed.

Can I ask what sort of job you are doing? Someone with HSMP earning just £650 per month ... and now £1080 per month ... does seem on the low side. Presumably when you were earning just £650 per month you were not working full-time? I make that comment in view of the National Minimum Wage legislation.

[larry]

Hi John,
Thank for your suggestions and are what to add and answers to your questions.

1. I am presently working as a security officer. As you are aware, getting a job in ones field (IT) is very difficult as employers keep asking for UK experience and demanding english accent. I convinced Home office with alot of replies from employers and was granted the 4years extension.

2. The one bed flat is a two rooms apartment and I believe is suitable for two or three of us depending on either to apply for my wife first and later apply for our kid or apply for both of them together.

3. While earning £650, I was working with a council on part time and now working full time permanent with the security company although I am still looking for job in my field. The 1,080 mentioned is my minimum earning per month and always more if I work overtime. At time a get as much as £1,250. Please note that the amount I quoted are after tax and NI. my salary before tax/NI is normally between £1, 300- £1,600/ month.

[John]

The one bed flat is a two rooms apartment and I believe is suitable for two or three of us

Let's just test this! Ignoring any Spam, toilet or bathroom, how many rooms in the place exceed 50 square feet in size?

And how old is your child?

[larry]

John,

Thank you again for your prompt reply. To be honest, I don't know their actual sizes and not even measure them but the two rooms are double bed rooms as 'commonly say' by the agency. My child will be two by december.

I will also mention that my monthly expenses is around £520 because I don't drink, smoke and even walk to my work place.

any advice will be highly appreciated.

[John]

any advice will be highly appreciated.

Yes, measure the rooms! That is, prove, if indeed it is the case, that the accommodation test is passed. The accommodation needs to be "suitable" and certainly not overcrowded, as defined.

More about this subject by clicking here.

If the place is to be occupied by two adults and a one-year-old child, you need a minimum of two "counting rooms" for it not be be classed as overcrowded. Counting rooms? Any room exceeding 50 square feet in size, but not counting any Spam, bathroom or toilet, wherever their size.