Spouse visa - Non EU and Non-Resident

[AndrewMuzz]

Hello,

There is lots of great information on this forum - so much that I am getting confused! My question is the following - how do I best move my family to the UK?
- My wife is Russian and my son is British/Russian dual nationality
- We are living in Russia now so I do not have UK residency
- We have been married 7 years and together 15 years - married in the UK
- I will have savings well above the 16K financial limit I have read you need but probably not a job when we want to move
- Wife currently has a visitor visa
I don't want to be separated from my family for an extended period as our child is only 3 years old.

If someone could either give me some advice or point me to something already here I would greatly appreciate it.

Thank you.

[physicskate]

Hello,

There is lots of great information on this forum - so much that I am getting confused! My question is the following - how do I best move my family to the UK?
- My wife is Russian and my son is British/Russian dual nationality
- We are living in Russia now so I do not have UK residency
- We have been married 7 years and together 15 years - married in the UK
- I will have savings well above the 16K financial limit I have read you need but probably not a job when we want to move
- Wife currently has a visitor visa
I don't want to be separated from my family for an extended period as our child is only 3 years old.

If someone could either give me some advice or point me to something already here I would greatly appreciate it.

Thank you.

In order to meet the financial requirement through savings alone (ie not having a job offer in the UK), you would need to hold £62,500 or more held in accessible savings for 6 months or more. This calculation comes from: 16,000 + (2.5 x 18600) = 62,500.

https://assets.publishing.service.gov.u ... _Final.pdf

See section 7.

If you meet the requirements, apply for the spouse visa online (and don't forget to print Appendix 2). Gather all documentation FIRST before you submit and pay for the visa.

Your son will not need a visa, just his British passport. You do not need to meet the higher financial threshold because he is British.

[AndrewMuzz]

Thank for the help. Would money held in an investment fund (not in the UK) count? The money can be withdrawn albeit with a penalty. I also own a property which will be sold prior to applying which is mortgage free so my cash position will be well above the threshold albeit not for the full 6 months. A bit of discretion in making the decision would show I am not a risk as a financial burden but I don't know if discretion comes into it!

[CR001]

Proceeds from a property sale does not need to be held for 6 months.

An investment account would work if the funds were liquid and immediately accessible.

[AndrewMuzz]

Thank you again. This is good news.

I have been reading further online and it might make sense for us to apply from the UK. It says that my wife should have a visa based on being a family member. Does this mean that we have to apply for a Spouse Visa outside the UK and can only apply in the UK the second time around? Or that we can use her current visit visa to travel and then apply for a Spouse visa from the UK? The cost difference is not insignificant and it might avoid separation!

I find the government website not terribly helpful answering these questions.

[CR001]

You cannot apply or switch to a spouse visa within the UK as a visitor visa holder. She must apply for the spouse visa outside the UK.

[AndrewMuzz]

Hello and thanks again for the help on this board.

I am trying to understand if I need to be separated from my family during the Spouse visa process of up to 3 months. We will be able to apply through having proceeds of a property sale so will have the cash in bank requirements met. Can I register for council tax, vote etc at my parents house in the UK but still spend most of my time abroad with my family? Parents have plenty of space for us and we will likely move there initially and they will write any supporting letters required.

I have a 3 year old so really don't like the idea of moving without them.

Alternatively I read that you can apply in advance if you have a job offer starting in the future (which is firm) - can I apply for my wife to come with me without being ALREADY settled?

Thank you.

[CR001]

If relying on savings, is it at least £62,500 you have?

If using savings to meet the financial requirement, there is no need for you to be in the UK during the visa process. You can't touch the savings though while it is processed.

Also no need to register yourself for various things in the UK if not here yet. You simply need to provide evidence of adequate accommodation.

[AndrewMuzz]

I am in the process of selling my flat - my intention is to send 75000 GBP of the proceeds to my UK bank account for the application. I will get a notarized translation of the sale contract as well to include in the application pack to show where the money came from.

As to showing where we plan to live my parents will write supporting letters to deal with that.

A bigger issue is proving we live together in Russia. They don't put names on bills here just send them to the flat so even my name is missing although I do have bank statements. I can get a UK Solicitor who recently left Russia who I have known for 10 years to write confirming he visited us at home a few times so hopefully they won't question this.

I really appreciate the help you are giving me.

[CR001]

There is no requirement to prove cohabitation for x number of years if you are married. You need to prove subsisting relationship and it can be any documents in either of your names or joint names.

[AndrewMuzz]

My apartment sale is taking longer than I hoped so I am looking at alternative options. I will have a job offer in the UK lined up shortly - can I use this as the basis for applying for a visa for my wife prior to moving to the UK? If needed I can also get a financial guarantee from my brother who is a Director in a global accounting firm. For clarity the job start us flexible so I would like to travel with my family and not move before we get a visa.

Thanks again for your help.

[Casa]

Can you provide evidence of earning the equivalent of £18,600 in Russia during the 12 month period prior to submitting your wife's visa application?

[seagul]

If needed I can also get a financial guarantee from my brother who is a Director in a global accounting firm. For clarity the job start us flexible so I would like to travel with my family and not move before we get a visa.

Thanks again for your help.

what financial guarantee you referring?
If your employer will be your brother with major shares of business then it won't be counted as employment rather may fall under director/director scheme where an extensive range of documents regarding business will also be needed.

[Casa]

If needed I can also get a financial guarantee from my brother who is a Director in a global accounting firm. For clarity the job start us flexible so I would like to travel with my family and not move before we get a visa.

Thanks again for your help.

what financial guarantee you referring?
If your employer will be your brother with major shares of business then it won't be counted as employment rather may fall under director/director scheme where an extensive range of documents regarding business will also be needed.

Which part of the Immigration Rules refers to a job offer from a company where a family member holds a directorship not being counted as employment

[seagul]

If needed I can also get a financial guarantee from my brother who is a Director in a global accounting firm. For clarity the job start us flexible so I would like to travel with my family and not move before we get a visa.

Thanks again for your help.

what financial guarantee you referring?
If your employer will be your brother with major shares of business then it won't be counted as employment rather may fall under director/director scheme where an extensive range of documents regarding business will also be needed.

Which part of the Immigration Rules refers to a job offer from a company where a family member holds a directorship not being counted as employment

I m referring director as employer/owner of business which usually a case in many family businesses. To keep it simple for you, if someone who is sponsor's relative and hold vast share in that business then in now a days HO don't count it as employment.
If op mean from financial guarantee from his brother is getting something to qualify under saving then again it need to be held for another 6 months. Let it be more clarified.

[AndrewMuzz]

I am almost ready to apply for visa and came across some information concerning bank statements needing to be originals or stamped and certified by the bank. I have cash savings from sale of a property in HSBC in the UK but my statements are only download able from online and I don't live in the UK to go to a bank. I have translated documents confirming where the cash comes from ready.

Do I need to get statements sent somewhere and shipped out or can I print them from online? They are in HSBC format and as you upload documents when you apply it seems like a nonsense to ship them!

I also want to confirm that I need to pay the frankly ridiculous sum of 1200 pounds for the NHS!

Thanks for any advice

[seagul]

I am almost ready to apply for visa and came across some information concerning bank statements needing to be originals or stamped and certified by the bank. I have cash savings from sale of a property in HSBC in the UK but my statements are only download able from online and I don't live in the UK to go to a bank. I have translated documents confirming where the cash comes from ready.

Do I need to get statements sent somewhere and shipped out or can I print them from online? They are in HSBC format and as you upload documents when you apply it seems like a nonsense to ship them!

I also want to confirm that I need to pay the frankly ridiculous sum of 1200 pounds for the NHS!

Thanks for any advice

Good news for you that sale proceeds from property aren't required to be six months older unlike savings but bad news for you that either the bank statement should be original or stamped by bank (if online).
Yes you need to pay £1200 IHS.

[AndrewMuzz]

Do they want 6 months of statements if I am using property sale as 5 months won't show enough money. I have had the bank generate and send an original statement for the period where the money arrived. FedEx 70 pounds on top of all the rest....

We are uploading documents ourselves to their commercial partner website. Will they need to see all the originals as well when my wife does biometrics?

Thank you.

[AndrewMuzz]

Thanks for the help all those who gave advice. We got the visa today 11 weeks after applying using the standard service so it was faster than expected.