SPOUSE VISA APP JAMAICA

[M12354]

Hi everyone!
I have an enquiry.
My partner and I got married last year in Jamaica October. So we have been married for 1 year and 5 months now. I would like to apply for a spouse visa for him. I was going to go down the visiting family route but after reading these forums have decided a spouse visa would be better. My only concern is, money. I am a single mother (daughter isn't my now husbands), to a 5 year old. She is in school and I work around her school hours. I am on working tax credits and receive housing benefit. Will I still be able to be a sponsor for my husband as I am on benefits. I have space for him to come and stay when he comes and I would have £105 left over each week for us to live on until he found a job. Although I know he would he's very hard working. He does work really hard in Jamaica and isn't wanting permanent stay here In the uk, just to visit? Given my circumstances which visa would give us the best chance of approval? Thanks I'm desperate to be with him now. I would move to Jamaica but in September I plan to further my education so it's not possible right now, also my daughters schooling prevents this too.

[CR001]

Unless you have an annual income of £18,600pa or £62,500 in savings for at least 6 months, then no you will not be able to sponsor him for a spouse visa.

The benefits you claim do not make you exempt from the financial requirement for a spouse visa.

Unless he qualifies for one of the points based visas in his own right, it is unlikely he will get to the UK.

[M12354]

If my mum could sponsor him will that be okay? She is able to work full time, pay her rent in full, isn't on any benefits etc. As he's my husband he will be considered immediate family right?

[M12354]

And by the way I don't plan on staying on benefits I'm only 22.

[CR001]

No, unfortunately HO no longer accepts third party sponsorship for a spouse visa. The financial requirement must be met by the spouse in the UK for spouse visa application made outside the UK or savings in either spouse's name. This has been the case since July 2012.

No one said you were planning to stay on benefits and no one is judging you at all, simply telling you how it works with HO and there is no discretion in this regards, you either meet the requirements or you don't. Then benefits you claim are not the ones that would make you exempt from the income requirement.

[M12354]

Ok so would he have a better chance at applying for a visiting family visa or will is being married affect that? He only wants 3 months or so to visit us. So if my mum were able to prove she could offer him a place of residence (he has his own savings) and he got a letter from his boss stating he needs to return to Jamaica for work etc. Would this be ok?

[CR001]

He might struggle to get a visitor visa as what reasons would he have to return to Jamaica if his wife lives in the UK. He has to provide evidence of his personal and financial circumstances in Jamaica and evidence of strong ties. This is often impossible if a spouse is in the UK and the nonEU spouse wants to visit for 'a few months'.

Anyone can support his visit visa application, but you will have to state that you are married and you are in the UK as if you choose not to state this and then later apply for a spouse visa, it will raise concerns with HO.

[M12354]

I've just looked at the .gov website and would we have any chance of him applying for a standard visitor visa. With myself and my mum n his English family being the people he's visiting for his holiday. Because as I said before it's not like he wants his stay here?

[CR001]

He can apply, whether it is granted or not is anyone's guess.

He would have to provide a lot of evidence to convince the ECO that he is a genuine visitor and will leave after his visit.

[M12354]

Thanks just read your reply. His reasons would be his family for one. He supports both his parents who are really old and elderly alone. His boss is dying atm of cancer so he is In charge of his business along with my husbands brother. While he is here his brother would watch the business but he would need to return to work and to continue looking after his parents. If I give proof will this evidence be enough? My mum is also building hotels in Jamaica at the moment, which he is helping with. Would the land titles and building plans work in his favour to show not only him by me and my mum would need to be back and forth regardless?

[SoHopeful]

You have listed quite a few positive factors which could encourage Home Office to believe he will return to Jamaica, however the harsh reality is Jamaica is one of those countries that has a poor record in regards to UK immigration so there is always that negative bias as soon as they see an application from that country.

Take time to gather as much documentation as possible to evidence the factors you have mentioned. All you can do is try but be mindful - as already stated - that they will believe he will be more compelled to stay with you than to return home.