Tricky situation

[AGM23]

Hi all,

A friend is British citizen with two kids who are also British citizen.

His Wife is on Spouse visa and does not work, her Spouse visa will be up for renewal early next year.
Friend is sole earner in the family and unfortunately developed severe medical condition and is unable to work for few months.

Question is, Chances are he will not be able to meet financial or Job requirement, what can he do for spouse visa extension? would the visa be still extended even though he may not meet the financial requirement and may not have a job at the time?

Are there any mitigating circumstances?

[AmazonianX]

Hi all,

A friend is British citizen with two kids who are also British citizen.

His Wife is on Spouse visa and does not work, her Spouse visa will be up for renewal early next year.
Friend is sole earner in the family and unfortunately developed severe medical condition and is unable to work for few months.

Question is, Chances are he will not be able to meet financial or Job requirement, what can he do for spouse visa extension? would the visa be still extended even though he may not meet the financial requirement and may not have a job at the time?

Are there any mitigating circumstances?

If unable to meet financial requirements, goes onto 10year route.

[AGM23]

Thanks Amazonian, Can you please elaborate bit more?

So if he does not submit financial/job requirement, extension is still granted for further 30 odd months but they will be put on 10 year route? is this correct?

Are there no mitigating circumstances? Medical reports etc. will be of no use that the guy genuinely has been working throughout but can not for medical reason?

[AmazonianX]

Thanks Amazonian, Can you please elaborate bit more?

So if he does not submit financial/job requirement, extension is still granted for further 30 odd months but they will be put on 10 year route? is this correct?

Are there no mitigating circumstances? Medical reports etc. will be of no use that the guy genuinely has been working throughout but can not for medical reason?

The financial requirement is a core requirement on the spouse visa route and not aware of any flexibilities or mitigating circumstances as you put it acceptable to HO.

[AmazonianX]

Thanks Amazonian, Can you please elaborate bit more?

So if he does not submit financial/job requirement, extension is still granted for further 30 odd months but they will be put on 10 year route? is this correct?

Are there no mitigating circumstances? Medical reports etc. will be of no use that the guy genuinely has been working throughout but can not for medical reason?

Will rather hazard a guess that it is the flexibility of HO that makes being put on 10yr route if financial requirements not met instead of an outright refusal or truncation of the applicant’s progress on spouse route

[Anon123B]

Hello,

There are exceptional circumstances that aid applicants when they cannot meet one of the requirements (e.g., financial requirement). However, it must be noted that the threshold is very high and it can be difficult to meet this.

Considerations to some of these things could be given to support their position.

• Do they have any savings?

• How severe is the medical condition? Does it make it difficult for the British partner to take care of the children because of the medical condition?

• Are the children dependent on the mother (i.e., under 18) and are there any relatives that can take care of them?

• Maybe there could be a ground that the British spouse cannot leave the UK due to his medical condition and that the applicant needs to remain in the UK

• Medical evidence could support the finding that it's just a few months that the spouse is in this position

• Whether there are any family members that are or can support the family during this period

However, the application needs to be made with thorough guidance and support as it can easily be rejected.

Nonetheless, as mentioned below, if their application is successful, the visa will be extended to 30 months and switch to the 10 year route for the ILR. This can nevertheless switch back to 5 years upon meeting all the conditions (i.e., when the spouse meets the financial requirement again).

[AGM23]

Hello,

There are exceptional circumstances that aid applicants when they cannot meet one of the requirements (e.g., financial requirement). However, it must be noted that the threshold is very high and it can be difficult to meet this.

Considerations to some of these things could be given to support their position.

• Do they have any savings?

• How severe is the medical condition? Does it make it difficult for the British partner to take care of the children because of the medical condition?

• Are the children dependent on the mother (i.e., under 18) and are there any relatives that can take care of them?

• Maybe there could be a ground that the British spouse cannot leave the UK due to his medical condition and that the applicant needs to remain in the UK

• Medical evidence could support the finding that it's just a few months that the spouse is in this position

• Whether there are any family members that are or can support the family during this period

However, the application needs to be made with thorough guidance and support as it can easily be rejected.

Nonetheless, as mentioned below, if their application is successful, the visa will be extended to 30 months and switch to the 10 year route for the ILR. This can nevertheless switch back to 5 years upon meeting all the conditions (i.e., when the spouse meets the financial requirement again).

Thanks Anon,

Unfortunately no major savings, medical condition is due to severe back pain, unable to move much and awaiting treatment with NHS that you can guess could be many months if not years, since the condition is not life threatening.

Kids are under age 5 and 4 months at the moment so will be 6 and 1 year old by the time extension approaches and no family support as such.

So what you are saying is Spouse visa is rejected unless financial requirement is met? or it is granted but you are put on 10 year route?

Thanks

[Korekt]

Thanks Anon,

Unfortunately no major savings, medical condition is due to severe back pain, unable to move much and awaiting treatment with NHS that you can guess could be many months if not years, since the condition is not life threatening.

Kids are under age 5 and 4 months at the moment so will be 6 and 1 year old by the time extension approaches and no family support as such.

So what you are saying is Spouse visa is rejected unless financial requirement is met? or it is granted but you are put on 10 year route?

Thanks

The applicant will likely be put on the 10-year route as they likely will be deemed to have met EX.1 (a).

There will be no need to submit evidence of meeting the financial and/or English language requirement (if applicable).

[AGM23]

Thanks all for your input, much appreciated