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Worth reading these two links. It will hopefully answer your querysManInMexico wrote:Hi guys and girls, i'll introduce myself first of all since I am new to the forums. My name is Mike, and i'm from England but currently living in Monterrey, Mexico. I am planning on returning to the UK with my wife who is Mexican toward the end of this year, but I haven't a clue even where to start. So I thought, what better place than a forum full of people who have experienced similar before.
Now, I don't know how much background info you'll need but i'll tell you the situation regardless...
I met my wife online in late 2007, we spoke via MSN/email etc etc for around 6 months. I then flew over to Mexico to holiday and meet her, where we began a relationship. This continued through to 2010 with regular visits between Mexico and the UK for both of us. I decided at that point to move to Mexico and marry her. So we have been married for 14 months now, I am working over here and have a visa, she has just finished her studies, and with the situation as it is with the violence etc, we want to return to the UK.
Here are the requirements I have read about and my/my wife's status on each...
you are legally married to each other or are in a civil partnership recognized in the UK
We are legally married in Mexico, and have a marriage cert in Spanish, will this count?
This is fine. You will need a certified translation of your marriage certificate in English to present with the original one in Spanish with your wifes application
Your husband, wife or civil partner is present and settled in the UK
We both live together in Mexico, but I am a British citizen. Do I need to return to the UK without her first to meet this requirement?
No you don't need to return with her in order to meet above requirement, however my advise would be that you return to the UK, find yourself a job and a place to live here in UK before calling your wife over, as you will need to prove that you can support,maintain and accommodate yourselves without recourse to public funds.
You both intend to live together permanently as husband and wife or as civil partners
Yes
This is fine
You have met each other before
Yes
This is fine [
b]
you can support yourselves and any Dependants without any help from public funds[/b]
I do not have an income from the UK, since I have temporarily settled overseas, my wife will have secured a scholarship of around £700 per month, and I planned to search for any old job upon our return, is this acceptable?
No, you have to prove that you will have enough funds and savings and accommodation to support you both. This is why I suggest you come to the UK , find yourself a job with a decent salary, build up some savings and find a place for you to buy, rent or share. The onus is on you to prove you can do this, otherwise you wife will not be issued with a visa. They are not bothered with what your wife earns or gets for a scholarship. they are only interested in how you are going to achieve above.
You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your Dependants can live without any help from public funds
We would be living with my parents when we arrive, just until we gather the money to move elsewhere. There is plenty of room there, we would not need to pay rent.
This fine and acceptable if your parents approve it.
Your husband, wife or civil partner is not under 21, and you are not under 21 at the date of arrival in the UK
I am 29, she is 28
This fine and ok as you both have to be over 21
From 29 November 2010, you must show that you can speak and understand English.
My wife speaks English to a very high standard, and also teaches English, although I understand she will need to take a test.
Yes she will need to take the English test unfortunately unless she has certain qualifications ( degrees etc)
There are a couple of the requirements above that i'm unsure about and I would greatly appreciate any feedback on those things, but the following are my main concerns...
Do I need to have a job in the UK before she makes an application? I want us to travel to the UK together, but in order for me to get a job and prove my finances it seems I would need to travel many months before her in order to return and find work etc.
I would strongly advise you to come first find yourself a job and save some money( you already have accommodation sorted out with parents) and then apply for your wifes visa. This may mean you being seperated for a few months, but teh chance of you succeeding are much better this way.Does it matter if I don't have savings and won't have an income if we do arrive in the UK at the same time?
Would the fact she will be receiving a reasonable scholarship, offset the fact that we have no savings to speak of?
Any advice on the matter would help us out so much, we really don't know where to start, what we need or how to do it...
I just read it back and realized how long that was haha, oh well, better to give to much info than not enough I suppose. Thanks for reading, and I look forward to any responses!
Yes, if she's granted leave for more than six months. However, if she has sufficient money for a student visa, then she may also have sufficient (with scholarship) for a spouse visa too. Student visas may not necessarily be simpler.Is it possible to apply for a spouse visa whilst in the UK under a student visa?
Which is why you are only required to show that you are now living together. Submit what proof you have.ManInMexico wrote:Hi Casa, she has not been granted leave in this category as she is currently here as a student.