Don't meet financial requirements - what next?

[harrydilu]

My Sri Lankan husband's student visa is expiring at the end of this month (October) - I'm a UK national. Because of the conditions of his student visa, he was only able to work 10 hours per week in the nearly 5 years that he's been here, which combined with my income puts us about £3000 short of the requirement. What can we do next?

From my research, it seems our only options to stay together are to claim asylum as homosexuality is illegal back in Sri Lanka, or move to another European country. Neither of those are easy options, so I thought before we contact a lawyer I'd ask for advice on here to see if any of you can give me some guidance on our next steps...

Thanks for your help

[Obie]

Do you have a child?

[harrydilu]

No children or dependents... just a cat.

[Obie]

Then it is extremely hard, unless there are insurmountable obstacle, like language barrier, health issues or other factors which will make relocating to Sri Lanka unduly harsh on you.

[harrydilu]

Would they take into account homosexuality being illegal? We would not be able to live freely as a married gay couple in Sri Lanka without fearing social or legal repercussions. I have read that they would expect us to keep it private, but he told some of his family on a recent visit and they threatened him with violence and tried to take him to a doctor..

But claiming asylum would be a different issue that we'd probably have to get help from elsewhere.

What I'm really looking for is something that I might have missed in the visa options - like special rules if you're a student or if you've been here for a certain number of years etc. I've spent months researching into it and not come across anything but you and others here are much more knowledgeable on immigration, so I thought it's worth a shot before paying for a lawyer.

Other than asylum or the surinder singh route, is there anything else I could look into?

[Obie]

Well the Homosexuality and the fact that you cannot comfortably settle in Sri Lanka in those circumstances, is indeed an insurmountable obstacle.

There is a higher authority that confirms that saying a person can live in secrecy is not an option.

[Wanderer]

Why not find a second/third job, that's what I did when I couldn't afford something.

[harrydilu]

Unfortunately, the rules state you have to have earned £18600 in the last 12 months, and £18600 from the last six months when doubled. My husband has a job offer with the current job he works part time to go full time, which would take us to 24k a year between us. But as his current student visa expires at the end of this month, it's too late to get income from any other sources.

His hands were really tied because of the rule placed on his student visa that he could only work 10 hours a week during term time. He'd love to work, and worked as much over time and extra jobs as he could during the "school holidays" when he was allowed, but the promise of work after his student visa expires isn't enough under the new immigration rules.

[Wanderer]

Unfortunately, the rules state you have to have earned £18600 in the last 12 months, and £18600 from the last six months when doubled. My husband has a job offer with the current job he works part time to go full time, which would take us to 24k a year between us. But as his current student visa expires at the end of this month, it's too late to get income from any other sources.

His hands were really tied because of the rule placed on his student visa that he could only work 10 hours a week during term time. He'd love to work, and worked as much over time and extra jobs as he could during the "school holidays" when he was allowed, but the promise of work after his student visa expires isn't enough under the new immigration rules.

Can't he return home, you meet the financial requirements however you can, then apply as normal?

[harrydilu]

That could mean having to be apart for up to a year from my husband, and he can no longer keep his sexually private, the cat is out of the bag so to speak, so he might not be safe. Attitudes towards homosexuality unfortunately aren't as progressed there as they are here in the UK.

I'd rather go the Europe route and stay with him if we had to resort to something so extreme, but I'm just hoping there's something I've missed in the visa rules.. Which is looking unlikely.

[Obie]

Wanderer the OP and his civil partner cannot be apart due possible persecution in his home country.