Advice Please

[mogwai7607]

HI there. I previously posted on the forum but its been so long since I have had any new questions or feedback that my post has been locked. My Updated situation:
My husband is working part time in the UK, due to chronic pain issues. The problem is that even though the Doctors have decided he can only work part time, the Labour department have decided he is not going to get any benefits because he is capable of work. Whilst this is great because he does not actually want to live off the govt and wants to be employed he is not capable of full time employment, so we will never be able to reach the required minimum income for me to join him. Is there anyway they would consider the Job that I am currently doing which I will continue doing in the UK until I find work as part of our requirements. Is there any way we can ask for special consideration considering I would help him stay of govt benefits?

I also need to know if there are any tax ramifications to me depositing money in his account as our savings as our currency is unstable. How much can I as his wife give him per year before he gets taxed - if he gets taxed.

[CR001]

For a spouse visa, your income abroad is irrelevant. It is only the spouse in the UK, whose income is counted and relevant for the initial spouse visa.

How much savings do you have?? The rand is not really that unstable at the moment. Has remain fairly consistent over the last few recent weeks.

Why not continue and do the ancestry visa if you qualify for one?

immigration-for-family-members/does-deb ... 55535.html

[mogwai7607]

I do not qualify for one as my paternal grandmother was Born in Ceylon and even though she has a British passport I do not qualify for Ancestral rights. At the moment we have 15 000 pounds, I am trying to ensure that any drops in our Rand do not affect our savings - so I convert whatever I can as soon as possible. We will have quite a bit more when my inheritance comes through. I am just so concerned that they Tax me giving him money. My other option is to go to UK and open my own account whilst visiting him.

[CR001]

So how much savings do you have?

Note that if you apply for a spouse visa based on savings, it can be either of your savings, in the UK or abroad. No need to transfer it to the UK spouse to use savings.

[mogwai7607]

Thanks for answering those questions. It saddens me that I will not be able to do this and we have no other option but to go the savings route, I was so hoping that due to docs saying he could only work part time that I would be allowed to at least assist with the income requirements in some form and fashion. I will knuckle down and get the saving route sorted as soon as possible.

[CR001]

How much savings do you currently have?

Unless the savings are from the sale of property, you will need to have held the savings for a minimum of 6 months at the required level of £62,500 (roughly R1,169,352.21) and it cannot be a loan.

[mogwai7607]

HI sorry i edited the post above as you were replying - I have 15k pounds we will get there. All of it is savings.

[mogwai7607]

One last question, Once I get to the Uk and am working there does my income count towards our requirements and help towards me being able to apply for ILR, and does it matter where the income comes from? I mean will me keeping my remote employment with a south african firm count?

[CR001]

HI sorry i edited the post above as you were replying - I have 15k pounds we will get there. All of it is savings.

Long way to go. Good luck.

One last question, Once I get to the Uk and am working there does my income count towards our requirements and help towards me being able to apply for ILR, and does it matter where the income comes from? I mean will me keeping my remote employment with a south african firm count?

Once you are in the UK, your income can be used for your visa extension and indefinite leave to remain if it meets the requirements. It must be UK income through PAYE so that you are paying tax as you will be a tax resident and you need to submit payslips and bank statements with each step.

[mogwai7607]

Hi there.

I was wondering if it would be hard for me to get a visitors Visa to visit my husband in the UK for a 3 month period? As he is working he cannot leave and its been nearly 2 years and I have not seen him apart from a brief visit last year where he came to me

[CR001]

Depends what strong ties to SA you prove with evidence. Having a husband in the UK would be a count against you and if you work, a 3 month holiday approval by an employer is usually unheard of unless exceptional circumstances exist.

[mogwai7607]

Thank you for answering. My Boss is willing to give me a letter, I am being given 3 months - due to having worked for him for 11 years with very little time off and almost no sick leave, I will get him to write the letter. I have a car on HP and A house that I rent as well as all the rest of my family here. Would it be better to go for a shorter time frame - would that make them feel more at ease?

[mogwai7607]

Just an update.

I was granted my visitors Visa - Thank you for your help!