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Op stated the wife is a "US lady". Presumably the couple have met in person.
Zerubbabel wrote: ↑Sun Aug 16, 2020 7:57 pmHello,
For the spouse visa, the sponsor needs to meet the revenue threshold of £18600/year [before tax].
Now, they Home Office may consider other reliable sources of income if a refusal of the spouse visa would cause disproportionate hardship (tantamount to breach of Human Rights).
There have to be compelling circumstances such as a kid or kids being separated from one parent if the visa is refused.
If this is a new couple (they have been together for many years), don't have kids, one in UK and the other is a safe country... etc, it will be hard to build a case about compelling circumstances.
Where does the wife live?
To allow the third party support, no exceptional circumstances breaching any human rights seems detectable given the above situation . Also remember that any cash savings/rental income can also be combined.leicester_boy wrote: ↑Sun Aug 16, 2020 9:00 pmHello,
Thanks for your reply. The wife is an American national but they met in Asia and got married there.
Zerubbabel wrote: ↑Sun Aug 16, 2020 7:57 pmHello,
For the spouse visa, the sponsor needs to meet the revenue threshold of £18600/year [before tax].
Now, they Home Office may consider other reliable sources of income if a refusal of the spouse visa would cause disproportionate hardship (tantamount to breach of Human Rights).
There have to be compelling circumstances such as a kid or kids being separated from one parent if the visa is refused.
If this is a new couple (they have been together for many years), don't have kids, one in UK and the other is a safe country... etc, it will be hard to build a case about compelling circumstances.
Where does the wife live?
Zerubbabel wrote: ↑Sun Aug 16, 2020 7:57 pmHello,
For the spouse visa, the sponsor needs to meet the revenue threshold of £18600/year [before tax].
seagul wrote: ↑Sun Aug 16, 2020 9:07 pmTo allow the third party support, no exceptional circumstances breaching any human rights seems detectable given the above situation . Also remember that any cash savings/rental income can also be combined.leicester_boy wrote: ↑Sun Aug 16, 2020 9:00 pmHello,
Thanks for your reply. The wife is an American national but they met in Asia and got married there.
Zerubbabel wrote: ↑Sun Aug 16, 2020 7:57 pmHello,
For the spouse visa, the sponsor needs to meet the revenue threshold of £18600/year [before tax].
Now, they Home Office may consider other reliable sources of income if a refusal of the spouse visa would cause disproportionate hardship (tantamount to breach of Human Rights).
There have to be compelling circumstances such as a kid or kids being separated from one parent if the visa is refused.
If this is a new couple (they have been together for many years), don't have kids, one in UK and the other is a safe country... etc, it will be hard to build a case about compelling circumstances.
Where does the wife live?
leicester_boy wrote: ↑Sun Aug 16, 2020 9:11 pmHi,
Thanks for your reply.
He doesn't any income apart from the pensions which doesn't exceed £18,600
How much should be the cash savings?
seagul wrote: ↑Sun Aug 16, 2020 9:07 pmTo allow the third party support, no exceptional circumstances breaching any human rights seems detectable given the above situation . Also remember that any cash savings/rental income can also be combined.leicester_boy wrote: ↑Sun Aug 16, 2020 9:00 pmHello,
Thanks for your reply. The wife is an American national but they met in Asia and got married there.
Zerubbabel wrote: ↑Sun Aug 16, 2020 7:57 pmHello,
For the spouse visa, the sponsor needs to meet the revenue threshold of £18600/year [before tax].
Now, they Home Office may consider other reliable sources of income if a refusal of the spouse visa would cause disproportionate hardship (tantamount to breach of Human Rights).
There have to be compelling circumstances such as a kid or kids being separated from one parent if the visa is refused.
If this is a new couple (they have been together for many years), don't have kids, one in UK and the other is a safe country... etc, it will be hard to build a case about compelling circumstances.
Where does the wife live?
Zerubbabel wrote: ↑Mon Aug 17, 2020 8:47 amThe other option: he moves to an EU country asap. Establish himself there as self-sufficient or similar. He can go Spain, Greece or any country of his liking. Then, as an EEA national, he can bring his wife without any economic/financial conditions attached.
Does the wife hold a US passport?
Surinder Singh doesn't appear to be available to British citizens exercising treaty rights in another EU state after 31st January 2020 according to the policy document posted by Obie in April 2020.Zerubbabel wrote: ↑Mon Aug 17, 2020 8:47 amThe other option: he moves to an EU country asap. Establish himself there as self-sufficient or similar. He can go Spain, Greece or any country of his liking. Then, as an EEA national, he can bring his wife without any economic/financial conditions attached.
Does the wife hold a US passport?
Yes absolutely; I was aware about that one. They may live as a couple in an EU country of their choice but it's a one way trip. There is no easy option back to the UK.CR001 wrote: ↑Mon Aug 17, 2020 11:19 amSurinder Singh doesn't appear to be available to British citizens exercising treaty rights in another EU state after 31st January 2020 according to the policy document posted by Obie in April 2020.Zerubbabel wrote: ↑Mon Aug 17, 2020 8:47 amThe other option: he moves to an EU country asap. Establish himself there as self-sufficient or similar. He can go Spain, Greece or any country of his liking. Then, as an EEA national, he can bring his wife without any economic/financial conditions attached.
Does the wife hold a US passport?
https://www.immigrationboards.com/eea-r ... l#p1895857
Due to Home Office restrictions, the British passport is one of the weakest when it comes to bringing a partner. In some circumstances, you are better off being non-British in the UK to bring a partner. In many countries, bringing a partner is just matter of filling a simple application. But I understand that people abusing the system make it harder for everyone.leicester_boy wrote: ↑Mon Aug 17, 2020 11:11 amYes the wife holds US passport.
If he moves to EU does he have to live there for a certain period of time before he moves back to UK?
Also, I thought as we are already out of the EU the immigration rules for EEA nationals would change. Is that not the case?
Thanks for your help...
Zerubbabel wrote: ↑Mon Aug 17, 2020 8:47 amThe other option: he moves to an EU country asap. Establish himself there as self-sufficient or similar. He can go Spain, Greece or any country of his liking. Then, as an EEA national, he can bring his wife without any economic/financial conditions attached.
Does the wife hold a US passport?
Not a good move to do this.The solicitor however suggested that the wife can visit the UK (she doesn't need a visa as she holds a US passport) and after 5 months we can launch an in country application so she can remain with my father as a spouse.
Why would the financial requirement not apply within the UK?? Of course it does. If the lawyer is suggesting an FLR(FP) Partner visa route, which is a 10 year route to PR, 4 x 2.5 year visas, be warned that many US spouses (even those with British children) have tried this, been refused and sent back to apply in the correct way. There is NOT human rights issue here in your case. Overtaying as a visitor though does make a black mark against her name.He said since we are launching an in-country application, the financial requirement doesn't apply and we can fight the case based on human rights ground (since family life would have been already established as they would be living together)
I would strongly advised against this. It will cost a lot of money with little chance of success.Can the experts in this forum shed some light if we decided to take this route?
She can be denied on arrival since her intentions of settling in UK are already exposed.leicester_boy wrote: ↑Tue Aug 25, 2020 3:57 pmThe solicitor however suggested that the wife can visit the UK (she doesn't need a visa as she holds a US passport)