Spouse visa from USA - maintenance funds

[lewismistreated]

Hi all,

My wife's American, we got married in the USA in January of this year and looking at the moment to have her come to the UK while I finish my PhD. Couple of questions -

- It states on the website that we must be able to prove that we're able to support ourselves "without relying on state benefits". Is there a specific amount we need to demonstrate that we have saved up to prove this? Or is it judged by continuing income/employment only?

- Similarly, I spoke to a local legal aid solicitor earlier who said that, even if she were given a spouse visa, there's a six-month probationary period in effect before she's allowed to work in the UK. Is this true? I can't find any other mention of it at all on the Home Office website or beyond.

- Generally speaking, how long does the application process take for a spouse visa? Would it take longer being as she's coming from the USA?

Thanks in advance!

[Greenie]

Oh dear - sack the 'local legal aid advisor' there is no probationary period of 6 months for a spouse visa during which the spouse cannot work. This applies only to fiancés who come here on a 6 month visa, during which they cannot work, after they marry they switch to leave as spouse during which they can work.

Your wife, if successful, she will be given a visa for 27 months, and will need to complete two years of this after entry into the UK before qualifying for ILR (as the rules currently stand). She will be able to work as soon as she arrives

As the rules stand currently, you need to show that you have at least the amount a couple on income support would have after you have paid rent and council tax - income support for a couple is currently £105.95 per week/£459 a month. You can show this either by savings to cover the two year period, and/or your income from employment or student stipend/etc if you recieve one. If you wife has an offer of employment or can show that she is easily employable (for example, she has particular qualifications) this can also be relied upon. If all else fails, you may be able to rely on 3rd party support.

The process varies from embassy to embassy, and depending on time of year. US applicants will probably find the process quicker than applicants from developing countries. You can find the processing times for the US here.

http://www.ukba.homeoffice.gov.uk/count ... angname=UK English

[lewismistreated]

Fantastic! Couldn't have asked for a more informative post, many thanks.

The six-month probationary comment really threw me, and it's good to hear that it's inaccurate. I hadn't seen it mentioned anywhere else when reading up on spouse visas - the solicitor wanted me to come in for a personal consultation next week (at the cost of £120), safe to say I won't be taking her up on that offer!

My wife is graduating from a degree in Business and Marketing in May, but given the information you've just provided, I should be able to sponsor her using my own savings.

One last thing - does she need to show that she has a certain level of savings in her account as well? I've read comments here and there about having around £3000 in a bank account for three months prior to applying, or can it just be my information?

[Greenie]

Sorry- i have assumed in my reply that you are British/settled in the UK-please can you confirm before i comment further?

[lewismistreated]

Yes, I am British.

[Greenie]

There's no requirement to have a set amount for 3 months prior to the application-that's for points based system applications. You say you have enough in savings-can i ask how much? Do you also receive a scholarship or student stipend or income from employment in addition to this? Are your savings also to be used to pay for your tuition fees and rent?

[Greenie]

Also to add -the rules are likely to change this year to make the maintenance requirements more onerous. When do you plan on your wife applying as you mention she does not graduate until may.

[lewismistreated]

In terms of savings, I have around £16,000 at the moment, which should be enough to cover the figures you outlined earlier.

I receive a stipend of around £1100 per month as part of my full-time study - this is supplemented by teaching/lecturing wages of around £800 per month at the moment until June. I'm living at home at the moment, so have no outgoings in terms of rent. 'Home' is a four bedroom house owned by my parents, which currently has four occupants - the application would be made for her to come and stay here initially, making five occupants total.

We're hoping to have her application coincide with her graduation date - so, if it takes say two months for her visa application to go through, then to start the application process in April. Am I right in saying that, assuming she is successful in obtaining the visa, she has three months from that point to actually arrive in the UK?

[Greenie]

She needs to arrive within 3 months plus 28 days-the reason being the earliest date she can apply for ilr is 28 days before she has completed the two years. I must stress however that the rules maybe change and the probationary period may increased. The sooner you wife applies the better. She can state a date in the future she intends to travel so they can post date the start date-would need to check the policy on how far in advance she can specify. Given the figures you have quoted you would certainly have enough income/savings to meet the requirements as they currently stand but no one knows how the new rules will look or when they will come into force at the moment.

[lewismistreated]

Thanks again. The plan is to start the application process in the middle of March so that the three months takes us past May - one thing we did notice was that the visa application times in the USA can sometimes take up to 12 week according to this page: http://www.ukba.homeoffice.gov.uk/count ... ableAnchor

Is it a case of her having to come here three months from the start of her application, or three months from successfully receiving the visa? If it's the former, that doesn't seem to leave us a lot of time to book flights, etc.

[Greenie]

Within 3 months plus 28 days of the start date of the visa-which you can also ask to be post dated-this gives you plenty of time to arrange her travel etc-that's why they give you 27 months not 24.

[lewismistreated]

Great, thanks again. We're hoping to start the process before April, as looking at previous years this also seems to be the time when major changes to immigration laws tend to be enforced. So middle, end of March seems to be our best option. Just hoping that these new earning thresholds for spouses won't affect our application.