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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 27641
Experience:  25 years hight street experience
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Hi, my son met and subsequently 9 months later married an English

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Hi, my son met and subsequently 9 months later married an English girl whilst on a 2 year working holiday visa. They moved to Australia for 12 months, 1 month after getting married in England and then returned to England with the view of settling permanently there 5 months ago. At this point my son is on a holiday visa, but was hoping to get a sponsorship visa by obtaining work through being sponsored. That hasn't worked out as the sponsorship programme is too tight for employers to want to engage. His option now apparently seems to be the spouses visa. He is having difficulty in getting any answers from the English home office re the spouses visa and its law, as they all usually end up saying, 'We can't advise you'. For example, they can apply for a spouses visa, once his wife has been working consistently for 6 months (I think that is the time period), but as she is working casually, they need to know what consistently means. More recently he has been informed that he may have to return back to Australia at some stage for a minimum of 3 months before being able to apply, and the application has to be done here in Australia. This is of great distress, both financially and emotionally to them both. Can you advise me of where they can go to get some straight answers, and or do you have any knowledge of the law in this instance?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question I shall do my best to assist you.
I am afraid that the information about returning to Australia is correct.
Since your son is currently in the UK as a visitor he will have to return to Australia in order to apply for a Spouse Visa
The relevant pages are here
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/
and details of the application needed are here
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/
The financial requirement is that his spouse has a secure Income of £18,600 a year
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
and UKBA will want to be certain that his wife has sufficient employment to maintain this
I am sorry that the news is not what you were looking for - and I agree that the UKBA site is not straight forward - but please ask if you need further information
Claire
Customer: replied 1 year ago.

Is there any other type of visa that might be suitable for him, that enables him to work, even if it is an interim step, so that he can then return to Australia at a time that suits them better to apply for the spouses visa? In the case of the spouses visa, are there absolutely no loop holes or exceptions that could possibly apply?


 


With respect to the financial requirement of his spouse needing to secure an income of 18,600 pounds a year, how does the home office calculate this? I ask this because that statement almost infers that she would have to be working for a whole year to determine this figure, especially if she is only working casually, albeit consistently.

Expert:  Clare replied 1 year ago.
Hi
Sadly all loopholes have been tied up in the last few years and life is much more difficult than it was
The only slight possibility for your son might be an ancestry visa
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/
if any of his grandparents were British (or Irish)
So far as the income requirement is concerned if his wife remains in casual employment then she may have to wait a year to prove income - however if she has a permanent job then the evidence of salary would be sufficient
CLAIRE
Customer: replied 1 year ago.

I presume from your answer re wife's income, that the spouse visa financial requirement is actually not so much a time frame of working, but that once an income of 18,600 pounds has been achieved then the spouses visa can be applied for.


 


With respect to my son having to return to Australia to officiate the visa, what is the actual requirement? eg. Is it a minimum of 3 months he has to be back in the country, or can it vary for particular reasons, and what other things need to be achieved?

Expert:  Clare replied 1 year ago.
Hi
The Financial requirement is an ongoing income of £18,600 a year - and unless her casual work is guaranteed (unlikely) then she will struggle to convince UKBA that she can fulfill this
There is no specific time period that your son has to return to Australia for - just long enough to make the application and await the outcome is fine.
Claire
Customer: replied 1 year ago.

Hi Claire, sorry for break in communication, my mum just passed away.


 


Can you please explain what is required from an employer for a sponsorship visa. Just trying to figure out whether this still might be an option for my son.

Expert:  Clare replied 1 year ago.
Dear Bernice
I am so sorry for your loss - this must be a very difficult time for you
I have to be honest and say that unless your son has very highly marketable skills which are hard to find in the Uk then this is unlikely to be an option
However there are some details here
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/
and more about what sponsors need to do here
http://www.ukba.homeoffice.gov.uk/business-sponsors/points/
Claire
Clare, Solicitor
Satisfied Customers: 27641
Experience: 25 years hight street experience
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