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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello. I married my Ukrainian Wife in October last Year in

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Hello. I married my Ukrainian Wife in October last Year in the Ukraine and we are presently trying to apply for a spouse Visa for her to come and live in England with me. She has passed the A1 English examination which is a requirement, but as from 9th July the Visa requirements for her to Move here with her daughter have changed, and I now need to earn £ 22,400 / Annum to meet thier requirements. We have been in touch with an online Lawyer and had a consultation with them via Skype. My earnings on my P.60 for the Year ending April 2012 was just £ 1,196 sort of this, and for the first 6 Months of THIS year, my earnings were £ 10,619 - £581 short of the requirement for a 6 Month period. The lawyer advised that perhaps there was a position where the Human rights act may be of some help to us. I ask if there is ? I am 50 years old and my Wife is 45. I work full time but due to the nature of my work, I am unable to obtain any overtime. Thank You.
Hoping for a rely soon.
Mr. Ian Gillespie.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Unfortunately I would have to disagree. I do not think there is any elements of the human rights act that are activated.

There may have been some elements of discretion if you had applied prior to 9th July, the rules now however have been incorporated with the amount of flexibility that the ukba will consider in the application. If the applicant does not meet the requirements they do not come within the sphere of consideration or discretion.

The ukba stance is one which is very strict, and unfortunately they would not consider an arguments under human rights in your case.

I am sorry if the advice given is not what you wanted.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
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