Spouse/ Partner Visa

Hello everyone,

I have a query - I am a UK citizen and so are my two children. My wife came to stay with us in the UK last year from Aug 2019 to Feb 2020. She then went back to her home country to apply for her spouse visa.

We planned to meet the financial requirement for the spouse visa through our cash savings, which we had held in a foreign bank for over 6 months. However, recently due to the coronavirus, the exchange rate worsened drastically to the GBP and we found ourselves not having enough to meet the financial requirement.

The situation we are now faced with is how to proceed with the application. We could wait for the exchange rate to improve and make the application again, however we are not sure how long this will take.

Other options I've been told are to apply for a spouse visa using the 10 year route, however I'm not sure how we should go about it.

Another way I've been told is that my wife might come to the UK on a visitor visa again and apply from within the UK on the basis of her family life as a partner or parent.

If we try this route, is there a possibilty she might be turned away at the airport when arriving in the UK? her country is visa exempt so she doesn't need to apply for a visa but merely gets her passport stamped at the airport? I'm concerned that they may turn her away as she's already been to the UK in the last 6 months? Is there any way of assuring they will lety her in?

Then, if she does get in will she be able to successfully apply for her spouse visa based on her family life as a partner or parent?

I would appreciate any advice you have.

Kind regards,
James Gumsley

jagumsley wrote: ↑

Wed Mar 11, 2020 9:29 am

Other options I've been told are to apply for a spouse visa using the 10 year route, however I'm not sure how we should go about it.

You cannot just choose to apply on the 10 year route simply because the financial requirement is not met. This route is only available if there are exceptional circumstances that apply (which they may and you would have to supply evidence of this). See details in the Appendix FM and guidance document linked below.

https://www.gov.uk/guidance/immigration ... d-evidence

https://assets.publishing.service.gov.u ... .0-ext.pdf

jagumsley wrote: ↑

Wed Mar 11, 2020 9:29 am

Another way I've been told is that my wife might come to the UK on a visitor visa again and apply from within the UK on the basis of her family life as a partner or parent.

She will not be able to apply while in the UK as a visitor [E-LTRP.2.1.(a) of Appendix FM], again unless various exceptional circumstances provisions apply and this would be far from the quickest or easiest route.

jagumsley wrote: ↑

Wed Mar 11, 2020 9:29 am

I am a UK citizen and so are my two children. My wife came to stay with us in the UK last year from Aug 2019 to Feb 2020. She then went back to her home country to apply for her spouse visa.

We planned to meet the financial requirement for the spouse visa through our cash savings, which we had held in a foreign bank for over 6 months. However, recently due to the coronavirus, the exchange rate worsened drastically to the GBP and we found ourselves not having enough to meet the financial requirement.

Why didn't you put those savings into a UK account last year when you moved to the UK with your children, to avoid exchange rate problems if you only just made the £62,500?

Have you claimed the low income benefit Universal Credit for yourself and your children? Savings over 16k, in any country, had to be declared and savings over 16k is too much to have the Universal Credit benefit.