Third party spouse visa financial support

[forfars]

Hi all,

I am looking to bring my american wife (been together for over 3 years with 4 visits (1 of which was 2 months, 1 of which was 6 months) and married on the 6 month visit. I would like her to come and stay with me in the UK while I complete my masters and pass the necessary exams to study for a PhD in the USA.

The issue we have is that I only earn £6000 per year part time, however with the help from my mothers income we exceed £21000, does anyone think we could get accepted with this seeing as the funds would easily be available for the 33 month visa by the end of which we want to be gone from the UK anyway.

Note: The income from my mothers partner would put us over £45,000 per year, they are not married but do have a joint bank account.

Thank you in advance for any advice

[Bathory]

You should review the detailed guidance under https://www.gov.uk/uk-family-visa/proof-income

3.3.2. Promises of support from a third party cannot generally be counted towards the financial requirement. The applicant and their partner must generally have the required resources under their own control, not somebody else’s. (Under section 7.1 a gift from a third party can be the source of cash savings held by the applicant, their partner or the couple jointly, provided that the money has been held by them for at least the 6 months prior to the date of application and is under their control). See section 10 for guidance on the scope in exceptional circumstances to rely on a credible guarantee of sustainable financial support from a third party in order to meet the financial requirement.

[forfars]

Hi,

Thanks for your response, I have read through the document and about article 8.

I personally feel like my situation does come under exceptional circumstances as when my wife and I are separated for months on end she sinks into severe depression and anxiety, to the point where she has had to attend therapy.

Surely a refusal of the application with a clear willing sponsor combined with my wife's poor mental health when we separate would fall under unjustifiably harsh consequences for the applicant?

We have a record of her therapy sessions and we could get her father and stepmother to write some sort of message to acknowledge her mental health issues.

Thanks so much again for your advice

[Wanderer]

Hi,

Thanks for your response, I have read through the document and about article 8.

I personally feel like my situation does come under exceptional circumstances as when my wife and I are separated for months on end she sinks into severe depression and anxiety, to the point where she has had to attend therapy.

Surely a refusal of the application with a clear willing sponsor combined with my wife's poor mental health when we separate would fall under unjustifiably harsh consequences for the applicant?

We have a record of her therapy sessions and we could get her father and stepmother to write some sort of message to acknowledge her mental health issues.

Thanks so much again for your advice

You can join her in USA, or find more work now and study later, so I don't think an Art 8 claim carries much weight here.

You have plenty of options available, might not suit you 100% but sometimes you have to make sacrifices, we've all done it here, been a long hard road for a lot of us, sometimes there is no panacea, and the only pill left to swallow is the bitterest one.

[forfars]

Thanks for the advice,

All we can do is try I guess.

Thank you both for replying