How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7147
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



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,



Customer: replied 5 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 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 5 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,



Thomas, Solicitor
Satisfied Customers: 7147
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    solicitor with 8 years experience