Family / Spouse visa hlep

[Hunterwatts90]

Hi everyone! Thanks in advance for giving this a read.

My partner and I recently got married - we met at uni and have been together for three years, living together for two. We ended up getting married last month and had a beautiful little celebration.
Now we've hit a little bump in the road. I personally am not very familiar with all this visa stuff. My wife has spent the last two years on her post grad visa which expires 1st October 2023. I am still a full-time student and not properly employed. I've been sent money by my cousin (£8,000) and some from inheritance (£13,000) plus I get my student loan obviously. Besides that the only other income we have was from a brief period of managing an AirBnb property (£9000). We live simple lives in a small 1bed around North London and more than happily get by. My wife also receives small amounts of money from her parents when needed which helps from time to time.

Hopefully that's enough basic detail, and so, my questions are as follows: are we eligible for a family visa? And is there anything we can do to stay together? Would it help if we both got jobs today/asap? Basically we are worried that due to no "real" earnings, we will end up having the application rejected. I only wish we had thought about all of this sooner and started preparing six months ago

Anyways that's about all I can think to write for now. I'll happily provide any further information if necessary and thank you to anyone who might be able to help in any way

[Greenie]

Are you British? If not what is your immigration status?

Is your wife working and if so how much is she earning?

When you say you are not properly employed, what do you mean? Are you.employed or not and if so how much do you earn?

[Hunterwatts90]

Thank you for your reply!

Yes I'm British, she's Chinese. We stupidly hadn't given a lot of thought to the whole visa situation until very recently... anyways she isn't working at all. After her Masters, she did several other career-related qualifications.
As for myself, I have done a bit of "here and there" work for my sister's company over the last couple of years mostly to help them out. Would have either been paid cash or direct transfer from her partner. Their business is doing a lot better now and it's possible that they could employ me "on paper" if it might help for the visa app but if at all possible we'd probably like to stay away from that option

Thanks again

[Sysy]

I think you need a 6 months game plan seeing as you do not meet any of the financial requirements at present. So maybe find a job that pays more than the 18K per year requirement and make the application for your wife after the 6th month payslip?

[Greenie]

Thank you for your reply!

Yes I'm British, she's Chinese. We stupidly hadn't given a lot of thought to the whole visa situation until very recently... anyways she isn't working at all. After her Masters, she did several other career-related qualifications.
As for myself, I have done a bit of "here and there" work for my sister's company over the last couple of years mostly to help them out. Would have either been paid cash or direct transfer from her partner. Their business is doing a lot better now and it's possible that they could employ me "on paper" if it might help for the visa app but if at all possible we'd probably like to stay away from that option

Thanks again

Yes definitely stay away from an option of where you are making false representations about your income and employment status.

Can you please confirm when you say your wife is on a postgraduate visa do you mean Graduate Route? If so what career related qualifications did she undertake as the Graduate Route is quite restrictive in term of ability to study.

Is your wife currently looking for work? As she may need to consider the skilled work route if you can't meet the finance requirement for spouse route (doesn't sound like you do from what you are saying)

[Ticktack]

Thank you for your reply!

Yes I'm British, she's Chinese. We stupidly hadn't given a lot of thought to the whole visa situation until very recently... anyways she isn't working at all. After her Masters, she did several other career-related qualifications.
As for myself, I have done a bit of "here and there" work for my sister's company over the last couple of years mostly to help them out. Would have either been paid cash or direct transfer from her partner. Their business is doing a lot better now and it's possible that they could employ me "on paper" if it might help for the visa app but if at all possible we'd probably like to stay away from that option

Thanks again

If you do not meet the requirement, you may be able to settle in 10 years. Provided that the relationship is true and subsisting.

Improper finances doesn't mean you don't qualify for spouse visa, it just takes longer to be settled. Your spouse is your spouse, so "spouse visa" is the route to go.

If you meet the financial requirements in 2.5 years, you can shorten 10 years to 7.5 years to ILR.

Hopefully you marriage application was approved by the HO, and done here in the UK?

[Korekt]

If you do not meet the requirement, you may be able to settle in 10 years. Provided that the relationship is true and subsisting.

Not really, it's not that straightforward. It will take way more than a genuine and subsisting relationship.

Improper finances doesn't mean you don't qualify for spouse visa, it just takes longer to be settled. Your spouse is your spouse, so "spouse visa" is the route to go.

Where the financial requirement and/or the English language requirement (if applicable) isn't met, to be granted the 10-year route, the applicant would have to meet the other requirements including EX.1. as part of R-LTRP.1.1. (d), which for the OP, if there aren't any children involved would mean providing evidence that there are insurmountable obstacles to their family life continuing outside the UK. This is a pretty high standard.

EX.1. (b) says

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK, or in the UK with protection status, in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), or in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay in accordance with paragraph GEN.1.3.(e), and there are insurmountable obstacles to family life with that partner continuing outside the UK.

EX.2. defines insurmountable obstacles.

[Korekt]

Sometimes the impression is given on the forum that where applicants do not meet the the financial and/or the English language requirement, they are automatically put on the 10-year route. Not really.

If the requirements are not met, the application likely will be refused.

[Ticktack]

@Korekt

Not really, it's not that straightforward. It will take way more than a genuine and subsisting relationship.

I never said it was. That's why I mentioned that the best they can have is 10 years to ILR.

I still opine that their best option would and should be the Spouse visa. They might need an immigration solicitor based on the peculiarities of their situation.