a UK- visa for my American Wife

[earthworm_gym]

Hi all,

I apologies if a similar question/situation has been posted.

I recently married my American girlfriend. We are now planning our next big step, which is for her to move to the UK with me. After doing research, it seems the obvious solution is to apply for a spouse visa. But one of the criteria was for the UK partner to be able to financially support his/her other half. Sadly, my current income could not comfortably ensure this, hence our plan was for her to find work once she had come over to the UK, so we could have a joint income- so how would this work then if they won't let her in without my financial support?

It almost seems like a vicious circle- you can't get work in the UK without a visa, but you can't get a visa without being able to financially support yourself.

Perhaps there is something I am missing here.

If someone could enlighten me, that would be awesome!

Thanks all!!!

[Lucapooka]

Sadly, my current income could not comfortably ensure this

Have you confirmed this or are you assuming? What is your net income after you have paid your accommodation expenses? Do you or her have savings? Do you have family who might step up to help you?

That fact that she may need to work immediately on arrival to meet the maintenance requirement means that she has to show evidence of a confirmed job offer (contract) before she applies. You can't rely on the hope or prospect of potential employment as this does not equate to confirmed financial means.

However, for the general application:

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

[earthworm_gym]

Sadly, my current income could not comfortably ensure this

Have you confirmed this or are you assuming? What is your net income after you have paid your accommodation expenses? Do you or her have savings? Do you have family who might step up to help you?

That fact that she may need to work immediately on arrival to meet the maintenance requirement means that she has to show evidence of a confirmed job offer (contract) before she applies. You can't rely on the hope or prospect of potential employment as this does not equate to confirmed financial means.

However, for the general application:

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

Hi, thanks for your response.

I guess I am assuming with pessimism- I currently earn £19,000 a year (breaks down to about £1277 a month, including PAYE Tax payments.) I pay £285 a month in rent, so leaving a total of £992 a month. My Wife has $11,000 in Savings, yet no current Job offer or contract (she has tried applying for UK Jobs, but they all say she needs a working visa! Well How can we get one, if they ask for evidence of a job?!)

You are absolutely right about not immediately getting a job, which is partly why she has the savings, but she would eventually want to find one. We just want the opportunity from a visa to allow her into the country, so we can be together, and then both have jobs.

What are your thoughts?

Thanks for posting link too- I'll take a look!

[Lucapooka]

You more than meet the financial maintenance requirements by a substantial margin. Stop worrying and apply for the visa.

[earthworm_gym]

You more than meet the financial maintenance requirements by a substantial margin. Stop worrying and apply for the visa.

Excellent! Out of interest, is there is set amount for this financial maintenance requirement, or does it depend on an individual case-by-case analysis?

[Lucapooka]

After accommodation costs have been accounted for (deducted from the net or not applicable because you live with family), a sponsor and applicant in your circumstances need to have net disposable income of at least 483 per month to pay for the remainder of your living expenses. However, then you have to show that you can live on this. There is no point having a very high income but with a champagne lifestyle that leaves you in the red every month, as that won't meet the requirements either.

[earthworm_gym]

After accommodation costs have been accounted for (deducted from the net or not applicable because you live with family), a sponsor and applicant in your circumstances need to have net disposable income of at least 483 per month to pay for the remainder of your living expenses. However, then you have to show that you can live on this. There is no point having a very high income but with a champagne lifestyle that leaves you in the red every month, as that won't meet the requirements either.

Ok, good to know.

Well, I do have other bills to pay (for example, travel expenses of about £350 a month, lenses of £22 a month etc.), so I'm assuming they would have to know this also? Could this ultimately affect our application as a whole?

[Lucapooka]

You only have to provide your bank statements for them to see if you live within your means. Assuming you are not a cash paid worker who does not bank his money, your salary will be credited into your bank account on a monthly basis and this money will then service all your other expenditure. If it's in the red on a continual basis you can't live within your means, otherwise you are fine. Having an agreed overdraft that is being serviced is also okay.

[earthworm_gym]

You only have to provide your bank statements for them to see if you live within your means. Assuming you are not a cash paid worker who does not bank his money, your salary will be credited into your bank account on a monthly basis and this money will then service all your other expenditure. If it's in the red on a continual basis you can't live within your means, otherwise you are fine. Having an agreed overdraft that is being serviced is also okay.

I see- well, as of recently, I have been living in the red for a while; after paying for a ticket to the US, I have been stuck in a vicious circle where I would get paid to take me out of the red, but then eventually slide back into it. Would they take this as not being able to support myself? The overdraft I go into charges interest on a daily basis (hardly anything at all, but still a charge).

Would another option be for my wife to provide me with a small amount, so it would clear me of the red for a month or so?

Thanks for all your help thus far- very grateful!

[Lucapooka]

It depends on the scope of the situation; just how big is the debt and is it being reduced. As mentioned, an agreed overdraft that is being regularly serviced by a regular income is fine. You could also argue that temporary periods of red are a function of your long-distance relationship and these will disappear when you are together.

I still don't think you should worry. If you continue to be concerned, seek professional assistance with the application.