Spouse visa- buying time

[richy84]

Hi everyone,

Another victim of the July 2012 spouse visa changes here.

First, a quick summary of my situation. My wife and I returned to the UK to engage in further education- my wife as a grad student doing a Masters programme and myself converting my history degree to law.

Since there was obviously no way we could satisfy the 18,600 rule as I was engaged in full time education, we instead opted for a temporary fix- a student visa to buy us some time.

I have now finished my law conversion course and am busy trying to secure a training contract at a law firm. In the mean time I have to complete a legal practice course, which will take two years as my plan is to do it part time at weekends while finding work as a paralegal in the mean time. The only problems is that starting salaries for paralegals tend to be around 16-17k.

We can't afford to fund further studies for my wife so a further student visa is out of the question. Her current visa expires in February.

I'm confident that I will be able to get my salary up to around the threshold within a year. If I'm offered a training contract at a law firm then I will be there or there abouts- but since law firms tend to recruit up to two years in advance I wouldn't be able to evidence the earnings until 2015.

Do you think the FLR(O) would be an option? We're both scholarship students and if I can demonstrate that a law firm is prepared to offer me training contract (bloody hard to get) would I have a case for saying this is a disproportionate interference with my family rights?

Alternatively- if it comes to it, is it possible for her to leave the UK and return as a visitor as a temporary fix? Would she need to have a return ticket?

Any help would be massively appreciated. Cheers.

[MPH80]

You MIGHT be able to argue that it'd be disproportionate for you to have to relocate to be with her given you've trained exclusively in UK law and thus would have to retrain in the local law of your partner.

However, the counter argument to that is that people do this every day when they move to the UK to work in the NHS. And to my mind it could be equated to needing to learn another language - which UKBA dismiss as a reason not to leave the UK.

I think you'd have a hard time securing FLR(O) to be honest, given you arrived and KNEW that the spouse visa funding would be almost out of your reach until such time.

So your alternative options are:

1) She leaves and tries to come back as a visitor as you suggested - however, recently having had a student visa, having (pretty much) cut all ties at home, and having her spouse here - you're going to have a hard time proving she's eligible.

2) You leave and go back home with her

3) You use the Singh route - move to an EU country and work there for a bit before returning.

4) Gamble using the recent ruling from the court. All spouse visa applications that would fail exclusively on funding will be put on hold until UKBA decide what to do. That could be a few weeks, it could be a few months - but it might be enough.

5) She returns home until you can prove your income.

6) Find a way of funding further studies

M.

[richy84]

Thanks for your response MPH80.

Not sure if its relevant, but I had already been accepted (and paid fees) for my course several months before the new rules came into effect.

As it was, we had been working on putting together a spouse application under the old rules but when my wife went down to hand in the form she was told the rules had been changed. We'd missed the cut-off for the new rules by just one day and had to scrap it all.

In terms of timing, given her visa expires in February, how long do you think I can leave it before I take action on this- if I go for FLR(M) or FLR(O) options?

Also, are the UK not cracking down on the Surrinder Singh route?

[Amber]

If you put in an application for flr(m) and its only the financial requirement you don't meet, it will be placed on hold. Should give you chance to find a job and hopefully the requirement will be reduced.

[MPH80]

There's one other option too .... multiple jobs.

You could take two jobs or your wife could work providing she had no restriction on her.

But you both need to have been employed for 6 months prior to her application so you need to move now.

Amber' s advice is right, but the application has to fail exclusively on the grounds of finance. Any other weakness would result in a reject. It is also likely that the amount won't go down but that the way the amounts from different categories can be combined will change if anything at all happens short term.

You don't have to act until her visa is due to expire.

M.

[Amber]

The requirement should be no higher than £13400 gross per annum really as indicated in the case.

[Casa]

Where Amber mentions 'put on hold' this is what she is referring to.
http://ukba.homeoffice.gov.uk/siteconte ... -threshold