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dont meet financial requirements. Human rights? What chances

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katyacanim
Newly Registered
Posts: 7
Joined: Fri Jul 06, 2012 3:16 pm
Ukraine

dont meet financial requirements. Human rights? What chances

Post by katyacanim » Sun Nov 18, 2012 10:07 pm

Hi guys. Im (ukrainian) going to apply for a spouse visa soon but my husband (british) dont earn £18600 and we dont have enough savings. We have 16000 savings, thats all. income is really low aswell. Our lawyer suggested to relay on human rights. Does anyone know anything about it? Did anyone applyed like this since 9 july???
Do we have any chance?

Franko
Member
Posts: 114
Joined: Thu May 17, 2012 5:15 pm
Location: Bummersville

Post by Franko » Sun Nov 18, 2012 10:45 pm

What human right? you and your husband can live and have family life in Ukraine right?

Living in the UK is not a human right.

Gyfrinachgar
Member of Standing
Posts: 433
Joined: Fri Oct 21, 2011 2:32 pm
Location: Wales

Post by Gyfrinachgar » Sun Nov 18, 2012 11:04 pm

Agreed, it is not so simply as to just claim a Human Right to live here. You have a Human Right to married life, but there is no Human Right to be in the UK. The Ukraine is not (yet) in the EEA, therefore you have no free movement rights (yet). The UK does allow you to stay/work/live here as a spouse, but only if your spouse fulfils the minimum criteria - which is not the case. The income threshold is set so that you will not become a burden to society (and also to curb immigration numbers, no doubt). According to the Home Office, the 9th July changes were specifically laid out to include consideration of Article 8 of the European Convention on Human Rights, so it will be tricky to go down that road. I think that as long as you cannot prove that moving to the Ukraine with your husband would cause unreasonable hardship, it will be very difficult to circumvent the raised income threshold.

katyacanim
Newly Registered
Posts: 7
Joined: Fri Jul 06, 2012 3:16 pm
Ukraine

Post by katyacanim » Mon Nov 19, 2012 3:34 pm

Gyfrinachgar wrote:Agreed, it is not so simply as to just claim a Human Right to live here. You have a Human Right to married life, but there is no Human Right to be in the UK. The Ukraine is not (yet) in the EEA, therefore you have no free movement rights (yet). The UK does allow you to stay/work/live here as a spouse, but only if your spouse fulfils the minimum criteria - which is not the case. The income threshold is set so that you will not become a burden to society (and also to curb immigration numbers, no doubt). According to the Home Office, the 9th July changes were specifically laid out to include consideration of Article 8 of the European Convention on Human Rights, so it will be tricky to go down that road. I think that as long as you cannot prove that moving to the Ukraine with your husband would cause unreasonable hardship, it will be very difficult to circumvent the raised income threshold.
Thats right. If we prove that moving to ukraine is not an option for us... Thats what I'm looking for, if someone had similar situation i would like some advise on this. How did you prove that?

zishi
Newbie
Posts: 44
Joined: Mon Oct 27, 2008 6:51 pm

Post by zishi » Mon Nov 19, 2012 3:46 pm

If you can provide some basic information about why Ukraine is not an option for you living together then people here will be able to help on how to best prove that.

katyacanim
Newly Registered
Posts: 7
Joined: Fri Jul 06, 2012 3:16 pm
Ukraine

Post by katyacanim » Mon Nov 19, 2012 5:20 pm

zishi wrote:If you can provide some basic information about why Ukraine is not an option for you living together then people here will be able to help on how to best prove that.
Well. First of all my husband cant speak ukrainian, so it will be hard for him to find a job there especially with the high unemployment in Ukraine and bad economic situation. Also he is afraid to live there because of poor medicine level in ukraine. Also he is the only child in his family and his mother is very close to him, her son is the only family she has. His parents are divorced so his father don't see him a lot and if he moves to ukraine he will see him even less. While i am not the only child in my family.
Something like this maybe?

Franko
Member
Posts: 114
Joined: Thu May 17, 2012 5:15 pm
Location: Bummersville

Post by Franko » Mon Nov 19, 2012 6:01 pm

Unfortunately although valid reasons to stay in uk none of these reason would count on human rights grounds. You may want to look at the EU route ie your husband moving to another eu country (for example ireland)for 6 months with you to work, then returning to the uk with you to live. Do a search on treaty rights. And take a look on the European immigration forum

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