Please can i have some advice regarding my spouses visa

[mattyboy]

Hello all, sorry i am new to this site and making my first post in need of some kind advice please...

OK i am married to a Filipino lady and our marriage visa was granted on the 20/7/10 until 20/1/11 and we got married in the UK on the 5th Jan 2011 after marriage i applied for her leave visa the 2 year one however due to my low income and new business things did not go to plan and the home office stated that i was not earning enough money to support her. Now when we applied for the first visa my wife had fallen pregnant and was under the care of the hospital at this time and stated in the letter, they said that due to her pregnancy they would give her a limited leave to remain visa this was granted from the 5/2011 until 5/2014 so will expire next year, now this is the big worry for me! i have only a small part time job giving me an income of around £9000 per year, i also have a small company turnover is around £17,000 however company is in a loss situation losing around £6000 last year on paper.. so no income was taken from the company, now i am also getting £825 per month support from working tax credits and child tax credits as you can offset loses against my small income from my part time cleaning job, now as i said we have a family now my daughter 20 months old was born in Manchester and has dual passports, but i am so worried what can i do for my wife, we have a small house i own and pay part rent but its my income factor, we do live an OK life, you see i was hoping that she could now apply for leave to remain as he has been in the UK now since 20/7/10 but i am reading that the government say you need to earn £18,000 under the new rules etc and will not take tax credits into the earnings factor? is this the case? if so what visa can i apply for? my biggest worry is would they send her back home, hence breaking up my family and losing my daughter? i was hoping for her to do the ESOL course in my local area, would this now be a waste of time if i cannot apply for right to remain? If so what visa should i apply for? would it be just another 3 year extension? I am sorry so many questions and i hope that i have explained my situation i do fine the home office site so confusing to work out so some help and professional guidance would be so helpful and maybe my post could help others in the future, thanks so much.

[drwho]

Are you a British national?

[shendean]

Hello all, sorry i am new to this site and making my first post in need of some kind advice please...

OK i am married to a Filipino lady and our marriage visa was granted on the 20/7/10 until 20/1/11 and we got married in the UK on the 5th Jan 2011 after marriage i applied for her leave visa the 2 year one however due to my low income and new business things did not go to plan and the home office stated that i was not earning enough money to support her. Now when we applied for the first visa my wife had fallen pregnant and was under the care of the hospital at this time and stated in the letter, they said that due to her pregnancy they would give her a limited leave to remain visa this was granted from the 5/2011 until 5/2014 so will expire next year, now this is the big worry for me! i have only a small part time job giving me an income of around £9000 per year, i also have a small company turnover is around £17,000 however company is in a loss situation losing around £6000 last year on paper.. so no income was taken from the company, now i am also getting £825 per month support from working tax credits and child tax credits as you can offset loses against my small income from my part time cleaning job, now as i said we have a family now my daughter 20 months old was born in Manchester and has dual passports, but i am so worried what can i do for my wife, we have a small house i own and pay part rent but its my income factor, we do live an OK life, you see i was hoping that she could now apply for leave to remain as he has been in the UK now since 20/7/10 but i am reading that the government say you need to earn £18,000 under the new rules etc and will not take tax credits into the earnings factor? is this the case? if so what visa can i apply for? my biggest worry is would they send her back home, hence breaking up my family and losing my daughter? i was hoping for her to do the ESOL course in my local area, would this now be a waste of time if i cannot apply for right to remain? If so what visa should i apply for? would it be just another 3 year extension? I am sorry so many questions and i hope that i have explained my situation i do fine the home office site so confusing to work out so some help and professional guidance would be so helpful and maybe my post could help others in the future, thanks so much.

HI

I AM A FILIPINO.. I THINK U ARE IN THE OLD RULES.

[mattyboy]

Yes born in Uk and hold British Passport.

[mattyboy]

Old Rules sorry what are the old rules??

[shendean]

Old Rules sorry what are the old rules??

I forgot what the old rules but you are fine..

[shendean]

d) You must meet the financial requirement
You need to meet the financial requirement if you
made your first application to enter or remain here as a
partner after 9th July 2012.
You can meet the financial requirement through:
* Income from employment or self employment of your
sponsor
* Income from your employment or self employment if
you are in the UK
* Certain income from sources other then employment
* State or private pensions of you and your sponsor
* Maternity allowances or bereavement benefits
received in the UK
* Cash savings over a certain level - this will depend
on what you are applying for and the level of other
income that you and your sponsor have.
You will be exempt from the income threshold if your
sponsor receives a specified disability-related benefit
or carers allowance in the UK.
The amounts required to meet the financial requirement are;
Partner - £18,600
1 child in addition to partner £22,400
2 children in addition to partner - £24,800
3 children in addition to partner - £27,200
There will be an increase of £2,400 for each additional
child.FLR(M) Guidance Notes (Version 07/2012) - Page 6
Information about this requirement, including the
evidence you must provide, can be found on our
website;
http://www.ukba.homeoffice.gov.uk/sitecontent/
documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
In addition you must have adequate
accomodation for you and your partner and any
dependents that live with you. The property must
be occupied only by you, your partner and dependents. Further information about accomodation
requirements is on our website: http://www.ukba.
homeoffice.gov.uk/
e) You must meet the English language
requirement
A person under 65 who is applying for leave to
remain as a spouse, civil partner, fiance(e) or
proposed civil partner, unmarried partner or same
sex partner of a British citizen or person settled in
the United Kingdom needs to show that they can
speak and understand English You can do this if:
- You are a national of a specified English
speaking country
- You have passed an English language test in
speaking and listening at level 1 of the Common
European Framework of Reference or above, with
a UKBA approved provider
- You have an academic qualification recognised
by NARIC UK as equivalent to the standard of a
Bachelor’s or Master’s degree or PhD in the UK.
This must have been taught in English.
- You are exempt from this requirement if you are
over 65, have a physical or mental condition which
prevents you from meeting this requirement or
there are exceptional circumstances which would
prevent you from meeting it.
Guidance on how to meet the English language
requirement can be found on our website:
http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/
can-you-apply/english-language/
22 BIOMETRIC RESIDENCE PERMITS

[shendean]

Old Rules sorry what are the old rules??

) You must meet the financial requirement
You need to meet the financial requirement if you
made your first application to enter or remain here as a
partner after 9th July 2012-----its not ur first application. isnt it? so u are fine!

[Greenie]

Hello all, sorry i am new to this site and making my first post in need of some kind advice please...

OK i am married to a Filipino lady and our marriage visa was granted on the 20/7/10 until 20/1/11 and we got married in the UK on the 5th Jan 2011 after marriage i applied for her leave visa the 2 year one however due to my low income and new business things did not go to plan and the home office stated that i was not earning enough money to support her. Now when we applied for the first visa my wife had fallen pregnant and was under the care of the hospital at this time and stated in the letter, they said that due to her pregnancy they would give her a limited leave to remain visa this was granted from the 5/2011 until 5/2014 so will expire next year, now this is the big worry for me! i have only a small part time job giving me an income of around £9000 per year, i also have a small company turnover is around £17,000 however company is in a loss situation losing around £6000 last year on paper.. so no income was taken from the company, now i am also getting £825 per month support from working tax credits and child tax credits as you can offset loses against my small income from my part time cleaning job, now as i said we have a family now my daughter 20 months old was born in Manchester and has dual passports, but i am so worried what can i do for my wife, we have a small house i own and pay part rent but its my income factor, we do live an OK life, you see i was hoping that she could now apply for leave to remain as he has been in the UK now since 20/7/10 but i am reading that the government say you need to earn £18,000 under the new rules etc and will not take tax credits into the earnings factor? is this the case? if so what visa can i apply for? my biggest worry is would they send her back home, hence breaking up my family and losing my daughter? i was hoping for her to do the ESOL course in my local area, would this now be a waste of time if i cannot apply for right to remain? If so what visa should i apply for? would it be just another 3 year extension? I am sorry so many questions and i hope that i have explained my situation i do fine the home office site so confusing to work out so some help and professional guidance would be so helpful and maybe my post could help others in the future, thanks so much.

It sounds as if your wife has discretionary leave to remain in which case she cannot apply for indefinite leave to remain yet anyway (i assume this is what you mean when you refer to applying for right to remain). Your wife will need to apply to extend her discretionary leave for a further 3 years and will then be able to apply for ilr after that. Your income does not matter.

[mattyboy]

It sounds as if your wife has discretionary leave to remain in which case she cannot apply for indefinite leave to remain yet anyway (i assume this is what you mean when you refer to applying for right to remain). Your wife will need to apply to extend her discretionary leave for a further 3 years and will then be able to apply for ilr after that. Your income does not matter.

her passport visa is limited leave to remain which expires on 5/4/14 then i wanted to apply for indefinite leave to remain, however you are saying that i need to extend her discretionary leave for another 3 years, then apply after that, we can apply for indefinite leave to remain, can you tell me what visa application form i need for this? and also the income issue what is the £18k needed now?

another question i have when can you apply for the new visa? how soon before the other will expire? and also would it be worth me getting her on the ESOL course now?

As i stated already we have a child in UK now so will this discretionary be easy to get, they would not kick her out? sorry so many questions just need to put my mind at rest, and thanks for all the help Greenie.

[Greenie]

If your wife was granted leave for 3 years due to her pregnancy then this will be discretionary leave. the letter she recieved with her passport would have stated this. SHe therefore has to spend 6 years in this category before qualifying for ILR. I can't imagine that an extension application would be refused unless she has a criminal record. She will need to apply on form FLR(O) usually no more than 28 days before her leave expires. ESOL is not necessary but if she needs to improve her English then there's no harm in her enrolling on a course.