Can a UK family member Sponsor my wife?

Hi all,

I'm a dual British-Australian citizen looking to move back over to the UK this year and intending to initially live with my father and step-mother.

Looking to help my Australian wife get a Settlement Visa, however I do not have permanent UK work yet and am unlikely to get it until I'm there. Our cash savings is just below the requirement when considered in isolation. Can my step-mother who is in stable full-time employment in the UK be my wife's sponsor considering that we will be living with them when we move?

Or is the only option that a spouse/blood relative is a sponsor?

Thanks in advance,

Luke

Only the British spouse can sponsor the non-EU spouse for a spouse visa.

Even third part support (financial) is no longer allowed.

What level or how much of savings do you have?

You are the only person who can sponsor your wife for a spouse settlement visa.

Quicker off the mark again Char

Thanks for the quick replies.

We have just over 51k (pounds) in savings - told that we were required to have held 62.5k for a minimum of 6 months before applying.

From your feedback it appears that our only option is for me to find some kind of work to "fill in the gap" based on their money calculations.

Any other options that you're aware of for us?

Thanks again,

Luke.

If you have been earning the equivalent to £18,600 per annum in Australia for at least the last 6 months and have a confirmed job offer to start within 3 months of arrival in the UK with a salary sufficient to meet the shortfall in your savings, this would satisfy the finance conditions.

Casa wrote:If you have been earning the equivalent to £18,600 per annum in Australia for at least the last 6 months and have a confirmed job offer to start within 3 months of arrival in the UK with a salary sufficient to meet the shortfall in your savings, this would satisfy the finance conditions.

The equivalent salary over the last 6 months isn't an issue at all - I'm a teacher and have been for close to 5 years.

The issue is the confirmed job offer...

Are there any Visas which my wife can apply for that means she can come over at the same time as me, then reapply for a Settlement Visa at a later date? Or is that too much of an obvious loophole to not be allowed?

Does your wife qualify for the UK Ancestral Visa with a grandparent born in the UK?

CR001 wrote:Does your wife qualify for the UK Ancestral Visa with a grandparent born in the UK?

Nope. Afraid not. And no EU relatives to apply for a passport from a different EU country either...

If you don't mind me asking, what subject do you teach?

Have you considered relocating to Europe and using the EEA Family route? It is much cheaper and no financial requirements.

CR001 wrote:If you don't mind me asking, what subject do you teach?

Have you considered relocating to Europe and using the EEA Family route? It is much cheaper and no financial requirements.

Haven't looked into the EEA Family route. Wasn't aware of its existence.

I'm a Primary School teacher so I teach everything but to short people. Wife is a Secondary School English teacher.

It might be the easiest (and cheapest) way for you to relocate and with the substantial savings you already have, you will be fine initially until you are able to get all the formalities done and look for a job.

You could stay in the EU (Rep of Ireland or any other country) for 12 months and then move to the UK under the Surinder Singh route without having to use the UK Immigration rules but rather the EU directive.

CR001 wrote:It might be the easiest (and cheapest) way for you to relocate and with the substantial savings you already have, you will be fine initially until you are able to get all the formalities done and look for a job.

You could stay in the EU (Rep of Ireland or any other country) for 12 months and then move to the UK under the Surinder Singh route without having to use the UK Immigration rules but rather the EU directive.

Probably not the best option (though not ruling it out!). Is there some kind of extended tourist visa that could then be transferred to a Settlement Visa once we are there and I have permanent work? (So long as it doesn't require her to go back to Australia to apply). Not important that she can work in the UK initially since she'll be a stay-at-home Mum with our 1 year old (who has a UK passport therefore doesn't complicate things too much!)

Is there some kind of extended tourist visa that could then be transferred to a Settlement Visa

Assuming you mean if you travel to the UK directly (rather than EU route) and using the UK spouse visa. The rules do not allow anyone to switch from visitor visa to a spouse visa within the UK, if you try this, the application for a spouse visa will be refused.

Spouse visa entry clearance must be applied for from country of residence.

OK. Seems to have cleared just about everything up...

One last question (for now!)...

Say my wife came over when I was planning on coming over permanently (July) on an extended tourist visa (or equivalent) and I found permanent work. How long would she have to return to Australia for before being granted (presumably) a Settlement Visa? Would it just be the length of application or is there a "waiting period" for want of a better word?

P.S.

You're all fantastic for answering everything. Thank you.

the length of application

And this will depend on how long it takes to find a job and meet the financial requirement, so it could be a few months.

Bear in mind that she might have difficulty entering the UK for extended time (6 months max is allowed as a visitor), if you as the British spouse is returning to settle and she could be refused entry. There have been many refusals with people trying this route through visit visas as the intention to leave and the requirement to prove strong ties to home country is far more difficult if the British spouse is in or returning to the UK to settle.

As teachers are in short supply in the UK, have you tried to find employment in the meantime online?

Also, how long would it take you to reach savings of £62,500? It would mean waiting a further 6 months once you reach this level though.

Length of the application process only, but this could take up to 12 weeks. You may have an obstacle to overcome if your wife applies for a visitor visa. You'll have to convince the Entry Clearance Officer that beyond reasonable doubt, she has strong ties to Australia that would deter her from overstaying when the visitor visa expires. With a husband and children settled back in the UK this may be a very difficult task and refusal as a visitor is likely.

CR001 wrote:

the length of application

And this will depend on how long it takes to find a job and meet the financial requirement, so it could be a few months.

Bear in mind that she might have difficulty entering the UK for extended time (6 months max is allowed as a visitor), if you as the British spouse is returning to settle and she could be refused entry. There have been many refusals with people trying this route through visit visas as the intention to leave and the requirement to prove strong ties to home country is far more difficult if the British spouse is in or returning to the UK to settle.

As teachers are in short supply in the UK, have you tried to find employment in the meantime online?

Also, how long would it take you to reach savings of £62,500? It would mean waiting a further 6 months once you reach this level though.

Savings will be difficult as I will pretty much be heading over in July to find work regardless. Am currently looking online but receiving feedback on applications is proving near impossible.

Fair point to both of you with regards to the "ties to Australia" issue, just thought it might have been something worth looking at.

Seems more and more likely with the responses I receive on here that the only answer is me finding permanent work.

Anyone have any knowledge (in practical non-Government forms speak) of how much I'd need to be earning per year to fill the 10k or so shortfall in savings? Surely it wouldn't be much...

That being said, finding a job on a teaching salary would cover the application just about regardless.

Sorry, rambling...