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Spouse Visa - I am a student - Can I get the visa?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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shazada.pathan
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Joined: Tue Oct 11, 2011 5:17 pm
Location: United Kingdom

Spouse Visa - I am a student - Can I get the visa?

Post by shazada.pathan » Fri Oct 14, 2011 2:55 pm

How can I fulfill the maintenance requirement? My parents have a good income with both of them being teachers - is it possible that they can help in the maintenance requirement as I am currently a University student and do not work. My spouse is from Canada. They are able to provide me with adequate accommodation so that is not a problem.

Does a student loan that includes maintenance (£7000 loan and £300 grant) contribute in any way?

Advice greatly appreciated.
Last edited by shazada.pathan on Fri Oct 14, 2011 3:04 pm, edited 1 time in total.

geriatrix
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Post by geriatrix » Fri Oct 14, 2011 3:03 pm

Spouse Visa - I am a student - Can I get the visa?
Who needs the visa? You or your wife?

3rd Party Support & Accommodation
Life isn't fair, but you can be!

shazada.pathan
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Posts: 5
Joined: Tue Oct 11, 2011 5:17 pm
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Post by shazada.pathan » Fri Oct 14, 2011 3:12 pm

sushdmehta wrote:
Spouse Visa - I am a student - Can I get the visa?
Who needs the visa? You or your wife?

3rd Party Support & Accommodation
Thank you for your reply. My wife needs the visa.

shazada.pathan
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Posts: 5
Joined: Tue Oct 11, 2011 5:17 pm
Location: United Kingdom

Post by shazada.pathan » Fri Oct 14, 2011 3:31 pm

Just found this from http://www.mulberryfinch.com/blog/maint ... use-visas/
The Immigration Rules in their current version have been construed to suggest that applicants and their sponsors have to support themselves, from their own resources. Third party support was not allowed AM (3rd party support not permitted R281 (v)) Ethiopia [2007] UKAIT 00058. However, on 16th December 2009 the Supreme Court decided that such interpretation of the rules is not consistent with the purpose of those provisions, which is to ensure an appropriate standard of living for the immigrants and to protect the public funds. The Court decided that applicants can rely on funds provided by third party (family or friends) as long as it is a sufficiently reliable source of income. The burden will be on the applicants to provide evidence, which would persuade the decision makers that the support is not less reliable than income from employment and therefore could prevent the recourse to public funds.
According to this source, looks like on the application form I will have to show that my parents are both financially stable enough to support me and my spouse as well as being very happy to support us. Am I right in making this assumption?

Again, another source here. Although the person posting is a senior member looking at the posts, it is consistent with my first source that 3rd parties may support us if they show willingness and show that they can financially support us.
Your husband is your sponsor, but you can have other financial backers like other family members. You need to provide a formal letter from your s-i-l agreeing to support you financially, and you enclose evidence of her financial state such as bank statements.
See the following:

Maintenance may be provided by either:

The applicant with their own funds or with funds available to them; or
The sponsor; or
A combination of applicant and sponsor funds; or
Third party support (see below).

A couple or other applicant who is/are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple/ applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he/ she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (e.g. original bank statements over at least three months) of the third party’s assets.
If someone can please confirm this then I will be very grateful, thank you.

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