Advice re spousal visa..

[alexk]

Hi.

As, after two weeks I am still waiting for a reply from VFS in JHB, I thought I'd ask here..

My situation is this:

Me: British Citizen currently living in SA
Wife: Married two years, been together for three. SA Citizen

My basic questions is this:

1. Obviously currently neither of us has work in the UK, how does this effect the 'recourse to public funds' criteria. i.e As I have no work in the UK, how do we prove that my wife will not be a drain on public funds..

Would it be sufficient to show prospective job opportunities for my wife in the UK in her field. We would also have the proceeds from the sale of our house to tide us over till work is secured. Not a lot of money granted, but some.

Accommodation would be rent free in the UK in my parents spare flat initially. Also, while the ruling on this has changed, would a letter of financial assistance, if necessary, from my parents be helpful?

I did managed to get a reply a while back from VFS, but it was so totally useless. Basically asked the same question and got this reply -

'It is not necessary for the sponsor to be currently employed in the UK'

Hopefully you guys can shed some light on this..

Thanks

[Administrator]

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Moved to UK family immigration section by Admin.

the Admin

[Administrator]

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BTW, "VFS in JHB" doesn't mean anything to me.

As a British citizen, the UK can hardly keep you out. Barring some criminal issues on your part.

However, to get your spouses visa issued, it helps very, very much if you can show how you will support yourselves (independent wealth, job contracts). You will also want to show living accommodations.

As a citizen, there are ways to get around these, but it takes a fight. And time.

If you can get a job offer and be able to list that, it would clear the path for you in a large way.


To answer your question more directly, based upon the information you've given us, you cannot demonstrate that you will not claim benefits. The opposite seems true: that you intend to claim benefits until you locate work.

A concrete job offer (contract) for you will help. A lot.

But, your wife has no right to work until after her spouse visa is issued. She cannot accept employment without that visa, or an independent work permit based upon a job contract.

To work without a job contract (employer-based sponsor), she would need an HSMP visa .. or, a Tier 1 visa sometime come March.


If you will go the spouse visa route, you can consider coming to the UK yourself, getting a living arrangement settled, obtaining work, then having your spouse apply from South Africa.

Not the only way, but the most straightforward.

the Admin

[alexk]

Thanks for your reply.

So if I follow you correctly:

If I (as the sponsor) were to have a job offer then essentially the issue would be moot (so long as it was a job that paid enough)?

IF she were to get sponsored via work (she works in a reasonably specialist field), how would that effect us from a legal POV with a view to her ultimately getting ILR?

I've heard of HSMP, but not Tier 1.. What is Tier 1?

If anyone has any other info that can help me that would be great.

Thanks

Alex

[freshprince]

Maintenance,accomodation and proof of relationship are the three major requirements.Since your marriage is genuine and you have been cohabiting in SA for a while,you clearly satisfy that requirement and others relating to proving that you have met,have a subsisting relationship and plan to live together permanently.

The job offer is just to prove that you will be employed in the UK or that you are employable,the HSMP regime is not important in this case as you will be applying for a spouse visa/wife settlement and not under a work permit scheme.She can find work on her own merits if she is granted a visa as she will be able to work without restriction.Do your parents flat have a bedroom that will be exlusively for your use?you have to be able to prove that plus savings(if any)and proof of a work contract.

A letter from your parents about financial assistance wouldnt work,two options,parents can give you a lump sum and open an account for you in your own name or have an accountant/solicitor draft documents clearly showing how their incoming/outgoing expenditures will be funneled to you,for your personal use.However if you have accomodation sorted out and can demonstrate(at least 92.80pound)s left over per week,you clearly satisfy the finances requirement.Loads of info on this on this forum,take a good look around.G'luck mate.

[alexk]

Thanks for all the help.

I got a response back from VFS stating that one would only require enough funds to support oneself for two months in the UK (the period till one found work and was paid I guess).

Mostly our funds will come from the sale of the house and a lump sum from sales of shares (to the tune of R150k - around 10k sterling).

Now what bothers me is that these will be two large deposits shortly before applying for the visa (in the case of the house profits possibly not even before the visa application as the house is yet to sell).

Would this be an issue (lump sums to pad out bank accounts etc..), or is the situation slightly different given that neither of us is resident in the UK?