Spousal Visa Requirements

[MichaelMacD]

Hello All, I need some assistance from someone with a great understanding of the visa requirements for Spousal Visa applications.
My wife and child are both British Citizens (however they are living in South Africa) and we are wanting to immigrate to the UK. Unfortunately I only hold a South African Passport. I know that I need to make an application for a Spousal Visa, my only question really is whether or not my wife and daughter need to be living in the UK before I can apply?

I have already checked that I meet the financial requirements, but that is by converting my current salary (which is in South African Rands) into pounds and I am not sure if that is the correct method or not.

I am ready to start my application, I just need to understand the requirement better.

Any advice will be welcome, thanks in advance.

[Casa]

Unfortunately your earnings will be disregarded as it is your wife (as the sponsor) who needs to show that she has been earning the equivalent of £18,600 in SA during the 6 months prior to submitting your spouse visa application and she must have a confirmed job offer in the UK to start within 3 months of arrival. The UK employment also needs to meet in the minimum annual salary of £18,600. Failing that, you would either need to have held £62,500 in savings in an accessible account for 6 months or your wife would have to re-locate ahead of you and submit your visa application once she has been earning £18,600 pro-rata for 6 months.
You will also have to show adequate accommodation that will be available for you all on your arrival.

[MichaelMacD]

Ok, My wife also meets the financial requirements, so that isn't a problem. She has family in the UK so accommodation won't be an issue either. WRT the job requirement, would she need to have a firm employment offer before I can apply for my spousal Visa? Or is the requirement that she get's an offer/job within 3 months of arriving? Also, would it assist if I already have a job offer well above the financial requirement?

[CR001]

She would need a job offer at the time you apply. It is your wife that has to meet the financial requirement, not you.

Your job offer can be added to the documents submitted, but I doubt they will have as much importance as your wifes offer letter.

Do you not have any UK Ancestry, ie. a British born grandparent?

[MichaelMacD]

Ok, I see.

I don't have any UK Ancestry that I know of. I guess the best route now would be for my wife to try and get a job so I can apply. I'm guessing that because we can prove her current employment in SA already meets the requirement of £18,600, then if she finds a job of the equivalent or higher, then I can apply now and we can hopefully go over together?

Thanks again for all the help.

[CR001]

You could of course also use the EEA Family Permit route by relocating to Republic of Ireland (or any other EU country) for 6 months or so and let your wife exercise treaty rights by working there and then relocated to the UK using the Surinder Singh route.

EEA FM is substantially cheaper and there is no financial requirement etc to be met.

Can your employer not sponsor you for a Tier 2 General visa?

[MichaelMacD]

They have already mentioned that they will not go the sponsor route as they do not have a sponsor licence. Do you have any further info on the Surinder Singh route?

[CR001]

http://www.immigrationboards.com/eea-ro ... 38469.html

And also, if you search through the EEA route forum below, you will find a host of information.

http://www.immigrationboards.com/eea-ro ... lications/

The Irish forum also has some interested thread with good links

http://www.immigrationboards.com/ireland/

The test to return to the UK via SS route is that the EU (British Cit) must have moved the 'centre of their life' etc to a member state, which moving from SA it would be.

[Wanderer]

They have already mentioned that they will not go the sponsor route as they do not have a sponsor licence. Do you have any further info on the Surinder Singh route?

It's not as easy as the UK route, you need to live and work in another EU state for 6-12 months and not make it look like you've done it to avoid the UK rules.

Then you can move to any other UK state inc. UK as an EU cit. not a UK one.

UK gov have their eyes on this one and see it as trying to circumvent the UK immigration rules so you need to be careful.

The key test is 'centre of life' - so long as u can show that u'll be fine - i.e. proper lease of property, perm job, kids (if any) at school, integration locally, i.e. not hanging on for the minimum to get to UK.

[MichaelMacD]

Thank you all for the valuable input. I think we are going to go the UK route. Like I said, my wife and child are both British Citizens and my wife should be able to find a comfortable job. I will wait the 6 months if need be and then come over. It's a very small price to pay to relocate my family for a better future.

Thanks all

[Wanderer]

Thank you all for the valuable input. I think we are going to go the UK route. Like I said, my wife and child are both British Citizens and my wife should be able to find a comfortable job. I will wait the 6 months if need be and then come over. It's a very small price to pay to relocate my family for a better future.

Thanks all

Well said my friend. So many people who come on here want it all now and if not it's against their human rights.....

[CR001]

Thank you all for the valuable input. I think we are going to go the UK route. Like I said, my wife and child are both British Citizens and my wife should be able to find a comfortable job. I will wait the 6 months if need be and then come over. It's a very small price to pay to relocate my family for a better future.

Thanks all

Well said MichaeMacD - a good decision for you and your family, especially kids. There no short or medium term future in SA with Zuma and the likes of Malema. Made the move myself 7 years ago and have not looked back or even been back for that matter.

Just brace yourself though, it is not easy at first but if you persevere and remember the reasons that you left, you will be fine. Weather is crap here hey, hope you like lots of rain!!