UK Immigration Law
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I do not mind how she stays in the UK, but as my spouse is a hot possibility. Another friend of mine knows how to get rights to stay in Spain (for a sum of money unfortunately, I do not know the details yet) in which case my spouse Indira could stay in the UK as a (citizen?) of Spain.
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She has a students visa until 2015. However we do not want her to study partly because it is costly and partly because we want to spend time together. She does not hold a Bachelor's degree (but her current studies are for a degree course, this first year has now terminated and we do not want to continue with the course).
Well I have another question, in relation to the Financial Requirement of £18,600 pa. In February this year 2013 I took an early retirement option for a private pension of mine. It gave me a lump sum in total of £40,000 or so and an additional pension of about £5,000 pa. In total I have savings of £42000 from Feb and an income from Feb of £8300 pa. The rules say that one subtracts £16,000 from one savings, and divides by 2.5 to get the income equivalent. If one does this I have an equivalent income of just over £18,600 pa, but only from Feb 2013. Hence I could apply for a spouse's visa from Feb 2014 (there is a one year rule for income and a six months' rule for savings). But someone has suggested to me that because the pension is secure, I should be able to count the pension even in advance of it coming into payment. Hence I would meet the Financial Requirement rule (I just need to tell them the rate of pension now and the savings now).
What do you think about this argument?
Thanks for your reply. Another supplementary question, about Article 8 Human Rights applications. A solicitor I saw says that this route takes 6-12 months to reach a conclusion and that he has an 80% success rate with it. Appeals only take a few weeks and he is very confident of getting approval on appeal. He says that one gets a 2.5 yr right of stay with this route but that one has to keep reapplying three more times, so that the full right to remain is only achieved after 10 years rather than 5 years with the Spouses’ Visa route. He said that the Human Rights route rules were changed recently but that what I have described here is the current (4 3 13) position. I understand your answer that the Human Rights route is not possible in our case, but could this be on a strict reading of the law rather than actual practicalities of UKBA or whoever in real life?