Applying for spouse visa.

manymen · Post by **manymen** » Fri Apr 12, 2013 12:05 am

Hello everyone,

I am a non EU national with permanent resident card. Recently, I got married to a non EU national in Africa. I wanted her to apply for spouse visa, but the new financial requirements seems to be a barrier. I am currently doing a degree in nursing, which means I cant do a full time job to meet up the financial requirements.

Is there any exemption for those in full time study?

I am currently receiving NHS bursary of £6, 460 and I have £6,000 on my saving plus additional £6, 520 I have also saved on my maintenance loan given to me by student finance, all together £18, 980. Will the NHS bursary and the maintenance loan be taken into account?

reabs · Post by **reabs** » Wed Apr 17, 2013 10:59 pm

The NHS bursary (£6,460) is acceptable [paragraph 1(b)(iv) of Appendix FM-SE]. Your cash savings (£6,000) can also be used in combination with the bursary. [paragraph 4.1.2 Annex FM Section FM 1.7]. However, the £6,520 cannot be used as it is derived from a loan. [paragraph 3.3.12 of Annex FM Section FM 1.7]

There is no exemption for those in full time study. [section 3.6 Annex FM Section FM 1.7]

Unfortunately, it appears you are coming up short and cannot at the present time meet the financial requirement. This is not going to be for long though because as soon as you finish your nursing degree and start a job, your earnings will be well above the financial requirement. Can you hold that long and just keep her happy with visits?

manymen · Post by **manymen** » Thu Apr 18, 2013 7:28 am

Thank you for your invaluable advice. I have a land to sell in Africa worth £7, 000. If I sell this land and put the money in my wife savings account in Africa, will this be taken into account?

Post by **MPH80** » Thu Apr 18, 2013 7:50 am

Once it has been in her account for 6 months - yes.

manymen · Post by **manymen** » Fri Apr 19, 2013 5:37 pm

If I deposited the £6,520 on my savings account for about six months. How could they know that it's a loan, as this different from bank credits?

Post by **MPH80** » Fri Apr 19, 2013 7:04 pm

If you claim the loan as savings - then it won't count to the income, which leaves you with the shortfall to cover with savings.

The formula for the amount of savings you need to cover any shortfall is: ((18600-income)*2.5)+16000.

So in your case - the bursary is the approved income - therefore ... 18600-6460 = 12140. 12140 * 2.5 = 30350. 30350+16000=46350.

So you'll need a bit more than £19520 (£6000 + £7000 + £6520).

M.

manymen · Post by **manymen** » Fri Apr 19, 2013 7:31 pm

Let me brake than my explanation.

NHS Bursary = 6,460

Money on savings account = 6,000

Money saved on maintenance loan = 6,520

Since the money on savings account shouldn't be derived from loan. If I deposit the £6,520 on a savings account for up to six months, how will they know that the source is a loan if there is nothing to indicate otherwise?

Post by **MPH80** » Fri Apr 19, 2013 8:03 pm

yes - that's fine - you have money sitting in your account for 6 months.

What I was explaining was that it still leaves you short.

manymen · Post by **manymen** » Fri Apr 19, 2013 9:47 pm

Yes, I have the £6,000 saved from my previous job and £6,520 saved on the maintenance loan for 6 months. The £6,460 is NHS Bursary which is annually.

manymen · Post by **manymen** » Fri Apr 19, 2013 9:51 pm

£12,520 savings + NHS Bursary £6,460 = £18,980

Wouldnt that be enough to make an application?

Post by **MPH80** » Fri Apr 19, 2013 10:07 pm

See my previous post - it isn't a simple 1 for 1 income -> savings.

In order to make up the shortfall of income - you need to use the following equation:

(shortfall * 2.5) + 16000

So I make it that you'll need savings of £46,350 to cover the shortfall in income.

manymen · Post by **manymen** » Fri Apr 19, 2013 10:16 pm

From what I understand, £18,600 on savings account for a period of six months is required. But if the money on the savings account isn't up to the £18,600 required then net income will be considered alongside the money on savings account. Therefore, I dont understand your formula for the £46,350 on savings.

manymen · Post by **manymen** » Fri Apr 19, 2013 10:24 pm

I will be very happy if you could provide with a link for the formula below?

((18600-income)*2.5)+16000

Post by **MPH80** » Sat Apr 20, 2013 7:56 am

http://www.ukba.homeoffice.gov.uk/polic ... a-partner/

E-ECP.3.1.b

manymen · Post by **manymen** » Sat Apr 20, 2013 10:51 am

Ok thank you. If all the £18, 600 is derived from savings, will this be enough?

Post by **MPH80** » Sat Apr 20, 2013 11:32 am

No - at that point you need (18600*2.5)+16000 = £62,500

To explain the logic ... £16,000 is the cut off point for benefits (e.g. if you have that - then you can't claim).

You then have a visa which is going to last 30 months - or 2.5 years. So you need enough savings ABOVE the 16k to cover those 2.5 years - therefore you have to show the savings to cover the entire time.

If they believe you need £18,600 a year in income - then you obviously will be drawing on that savings account over those 2.5 years - therefore you need to multiply the income level you need by 2.5.

Hence how you get to (shortfall * 2.5) + 16000. If you're claiming no income - that's a shortfall of 18,600 - hence my calculation above.

manymen · Post by **manymen** » Sat Apr 20, 2013 8:44 pm

Yeah, I got your point now. The whole idea look crazy and discriminatory. It was made to stop foreigners having a family life, but it's already biting their very own people. It's like saying don't marry non eu if aren't rich.

Post by **MPH80** » Sat Apr 20, 2013 9:07 pm

I get where you're coming from - and I appreciate the thought - but the difference between now and previously is that previously you'd have to prove money left over after essential bills.

That meant someone with savings didn't have a target number to work with as it just said 'sufficient' - at least we do now - and there is a logic behind it, however flawed.

The issue I have with the logic - and I think it makes sense in how they've approached it for one visa - is that the visa is going to have to be renewed - and if the applicant and sponsor aren't working then they have to show the savings again. So if they have £62.5k and it's burnt through to support the partner, how do they show it at the mid-way point?

And what we haven't explored properly yet (legally I mean) is what happens when someone gets to that midway point and doesn't have the income? By then someone will have established a family life ... possibly have kids ... are the government REALLY going to have that many people leave?

I remain in my view that the most likely challenges to these rules are a) sexual discrimination (due to sponsor-only foreign income which is biased against women who will be more likely to be stay at home parents) and b) The midway problem due to lack of income.

M.

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