Current spouse visa

[neautro]

Hi All - I would like some advice on behalf of a friend.


they have recently moved here from South Africa 1.5 years ago - she is British he is South African and on Spousal visa.

They have met the requirements for living in the UK (sold their house in SA and have about £60k in savings)

Husband has multiple major health issues - which has resulted in him having used the NHS quite extensively (he obviously paid the health surcharge) due to the above he is unable to work or chooses not to work.

The wife (British Citizen) has been working, but low paying jobs which in turn do not meet the 18k requirement - they are obviously not claiming benefits and currently live in rented accommodation at a cost of aprox 1K pm , which in turn is eating in to their savings.

Questions:

• 1

Because he has used the NHS extensively for his health issues - is this something that would be frown upon or looked at negatively when he comes to apply for his 2nd visa ?

• 2

at the rate they are paying rent and using their savings they will prob not have much left when it comes to applying for IRL - will they need funds ring fenced for this ? (excluding the ILR fees)

• 3

in tying to encourage the husband to work, it has been mentioned that his case worker may view him as a drain on the system - because he has not contributed towards tax etc. Is this correct ?

We are also concerned that the HM perception may be that he is just waiting to become a resident to be able to claim benefits - is this something that should be a concerns ?

could anyone point me in the direction of some case studies please ?

thank you in advanced

N

[CR001]

1. No. That would be discrimination.

2. They need another 2.5 year visa extension before he can apply for ilr. The financial requirment remains the same for each application. The English test differs for each through.

3. Nonsense.

4. Overthinking!!!

5. There aren't any. If he doesnnt meet the financial requirment, and only 6 months employment evidence at the required rate is required, he can apply for FLR FP 10 year partner route ( puts him on a new 4 X 2.5 year visa route).

[neautro]

Thank you CR001 for the speedy reply,

2. They need another 2.5 year visa extension before he can apply for ilr. The financial requirment remains the same for each application. The English test differs for each through.

so the salary requirement is 18K - he doesn't work & She gets paid 12K would they be able to make the deficit up with 6K savings ?
or does it have to be either 18k full salary or 60k in savings?

thanks again

[CR001]

The financial requirment is £18,600pa. They need to read appendix FM to understand how they can meet.

https://www.gov.uk/government/publicati ... ly-members

Savings under £16,000 is usually disregarded as far as I understand.