Spouse visa with both parties out of UK

[Claireinqatar]

Hi

Sorry if this query has been answered previously, I have tried to find a similar case to read but no luck so far.

I am a British passport holder by birth. I left the UK to work in Bahrain in 2006. In 2007 I met a Moroccan man in Bahrain and we have been together since. During our relationship he has had 3 or 4 tourist visas to UK when we have been to visit my family and never overstayed. We were married in UK in 2012. He was on a tourist visa at the time of our wedding, I didn't even know there was such a thing as a marriage visa until I started looking at this page yesterday. The registrar didn't ask for anything....

In 2011 my company in Bahrain closed. I was unable to find another and had to come to Qatar to find employment. My husband stayed in Bahrain for his job and we have travelled between the two countries every weekend for 2 years and have the visa stamps to prove it. So far he has not found work in Qatar so we have stayed in separate countries, not through our preferred choice.

We now want to both move to UK for personal reasons. I do not have a job in UK although I am applying for many I think it will be difficult to find something while I am out of the country. My husband has an offer of work in UK for 17,000 per annum.

Most of the information on UKBA website seems to be aimed where one party is already in the UK. I have been given different advice by different lawyers and am now confused. Do I need to be in the UK for him to apply for spouse visa? If we apply from abroad is there a requirement for me to have a valid job offer of over 18600? We have also been told that if we have 62500 in savings for 6 months before date of application that there is no requirement for me to have a job offer.

If anyone can clarify the requirements or show me where to find this information it would be incredibly helpful. Also, any thoughts on whether the fact we didn't have a marriage visa at the time of our uk marriage will cause us a problem?

Thanks a million

[Amber]

Yes if you have those savings for 6 months that would satisfy the financial requirement. If you have earned the prescribed amount and have a job offer in the UK that would suffice also, though, it is immaterial if your spouse has a job offer in the UK.

Consider also, the EEA route (click)

[Claireinqatar]

Thanks for such a quick response. I don't think the EEA route would help in our case, I doubt I would find it easier to work in Europe than in uk.

What do you mean when you say it is immaterial for me to have a job offer I f my spouse has a job offer? I thought the onus was on me as his sponsor to have a job rather than him? Are you thinking that he could come in on a work visa rather than spouse visa?

Thanks so much for your help

[MPH80]

What Amber was attempting to say was that it doesn't matter either way if your husband has a job offer or not as it's all on you.

So you've originally interpreted correctly - it's all on you.

Please note that the savings have to be a prescribed appropriate form if you intend to go that way - e.g. not in shares or deposit accounts you can't access.

The best thing is to read the rules for yourself - google 'UKBA Appendix FM' for the rules and then 'UKBA Appendix FM-SE' for the evidence you need to provide.

M.

[vinny]

it is immaterial if your spouse has a job offer in the UK.

Your spouse's (potential) income is not relevant to his spouse entry clearance application (1( c )). However, it may be included in future FLR(M) and SET(M) applications.

[physicskate]

Thanks for such a quick response. I don't think the EEA route would help in our case, I doubt I would find it easier to work in Europe than in uk.

What do you mean when you say it is immaterial for me to have a job offer I f my spouse has a job offer? I thought the onus was on me as his sponsor to have a job rather than him? Are you thinking that he could come in on a work visa rather than spouse visa?

Thanks so much for your help

It is immaterial that he has a job offer = his offer will not support a spouse visa. It has to be you with the offer of at least 18600. Also, you need to already have earned that in your current post.

For him to come on a work visa, there are very prescriptive roles and salaries required. He must be paid at least 20K or the rate in the SoC code, whichever is higher. That is a whole other kettle of fish....

Basically, an employer would have to prove no one else already in the EU can do the job. It would be completely unrelated to his being married to a Brit. They would also need to register as a sponsor of employees from outside the UK.

[Claireinqatar]

Thanks for the continuing advice. Just so I am 100% certain my understanding is that there is no point in applying for the visa unless I either have a job offer or 62500 in the bank for 6 months, correct? We are at the end of our tethers in Middle East so looking for the quickest way out possible but it doesn't look as if there is a quick fix.

Is it an option to enter UK on no tourist visa and then apply for a spouse visa once in the country, will that get us in trouble?

[vinny]

A tourist (visitor) cannot normally switch within the UK to another category.

[Claireinqatar]

Hi Forum

Further to all your kind previous posts and advice on the subject we have been patiently waiting with our money in the bank. The 6 month period of having sufficient funds will finish on April the 1st so we are about a month away from making our application. Went onto the UK visa site to remind ourselves of the process and things seem to have changed. I can't see any more reference to 'spouse visa', only 'family of a settled person' visa. However, under 'family of a settled person' regulations it states that "you may need to apply in a different way if you are outside the UK" which we both are. The link sends me to "apply to join family living permanently in the UK". Are these different visas? They sound very similar and now I don't know what we're supposed to apply for.

All advice appreciated as always.

Many thanks -

Claire

[vinny]

Apply to join family living permanently in the UK is correct. See also Immigration Rules: Appendix FM-SE.

[Claireinqatar]

Thanks Vinny. In your experience what benefit is added by having a lawyer complete the paperwork? We have applied for tourist visas in the past and, after the first one was rejected, have become used to submitting vast amounts of information . Do they really add value as we have been quoted GBP 1000 which we can't really afford?