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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I need to apply for a spouse visa urgently.I am currently on

Resolved Question:

I need to apply for a spouse visa urgently.I am currently on a post study work visa and my husband is British.

our account statements are in overdrafts but we can produce pay slips to show we are financially okay.we live in a flat we are renting, our only concern is just that the bank statement will reflect we re on overdraft.

what advice can you give on this?we both have a combined salary of 62k and we can also get reference letters from our employers to support this as well as payslips.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

There is no threshold level of the amount of money you should have in your account in order to be eligible to apply for a spouse's visa, rather you have to show that you can support and house each other without the need to access public funds.

 

You should approach the issue of the overdrafts specifically in your application by making statements about them and stating that the level of income you can expect to have coming in after being granted the application will be sufficient to manage the overdrafts whilst also giving you enough money to pay for your rent and day to day living expenses. Give evidence of the overdrafts, your income (eg. Payslips and statements from employers confirming salaries and that you are permanent employees) and estimates of your expenses by statements from you both.

 

It's conceivable that your application may be rejected on this ground initially, but you will have leave to appeal and a more thorough and even-handed examination of your position will be given at appeal and I would hope if you can prove the above you will be successful.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
Our main defense on the overdraft issue is that my husband has never had to claim public funds an the fact that we are already a year into marriage and have reasonable income flows.

Also the homeoffice policy says that the maintenance test will in most cases be based on the sponsor's income or employment.
It also says that te joint income of the couple should be taken into account when assessing the adequacy of funds.

Given that we both earn a total income of 62k/annum(which is higher than the average household income in the uk),my husband has never made a claim on public funds and we have shown that we can sufficiently maintain ourselves as we are almost a year into out marriage already.do you think these reasons are strong enough?

It is possible for us to wait 3months and get the accts into positive but we are about to buy our first property and the banks need to see at least 2yr valid visa to allow me make a joint application with my husband,is these worth mentioning as well?

Thank you for your help.
Expert:  Thomas replied 4 years ago.

I think these reasons will be persuasive, yes, but you may have to go to appeal.

 

If you can wait for a couple of months until the accounts are in positive balance without overstaying then do so. If you are purchasing a property for you to live in then you will also need to show this in your application as well as include the mortgage repayments as part of your day to day expense (and your ability to meet them without the need to access public funds.

 

I hope this clarifies, if so please kindly click accept.

 

Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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