Spousal visa refused.... can anyone please offer advice?

[Journeyman]

I am a UK citizen living in the USA. I am married to a US citizen and we have a son who has dual citizenship. My wife was just refused a spousal visa because we don't have enough money in the bank and because we don't have a UK income.

The irony is that we are both educated professionals with many years job experience and can expect a combined income once situated in the UK. The problem is getting a job offer before coming over since our careers require professional licenses that may take time to acquire since there is no reciprocity of licensing between the two countries.

My parents have money enough to provide funds that would make us eligible but this seems to be both a waste of time and a humiliation I would rather avoid. Nevertheless, if we reapply can I have them act as sponsor rather than me? If we appeal can they act as sponsors or does an appeal need to have the same sponsor as the original application? It might save organizing a transfer and waiting six months and so on.

Can my wife enter the UK during this period as a tourist?

Does the law look like it may change any time soon?

If I represent myself at an oral hearing what are the chances of succeeding?

I'm feeling desperate right now. I’m in the position of being, as a born and bred British citizen with a child who is a British citizen, informed that I am unwelcome in the country of my birth unless I am willing to break up my family by leaving my wife behind!

Thank you for all help you can offer. Much appreciated.

[yankeebrit]

Journeyman,

I feel your pain. I am in the exact same situation as you. I am a UK citizen and my wife is a US citizen. I have been living and working in the US for the past 8 years but now we want to return to the UK. To answer your questions:

* You are the only person who can sponsor your wife
* US income cannot be counted UNLESS you can somehow transfer your job to the UK and get a letter to this effect from your employer
* Your wife wont be able to enter the UK while an application is in process as she wont have her passport - you have to send that off with the application.

I personally are relying on savings. I luckily have over 62.5k in the back for 6 months so I can get around the payslip issue. You could do the same however you will have to wait six months.

The other alternative would be to go back to the UK and get a job for six months and then apply with your UK pay slips.

The rules may change but I doubt on the kind of timescales that you and I would be happy with.

[Casa]

You may be interested in this:
High Court judgment on minimum income threshold for family migrants
The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications.


http://ukba.homeoffice.gov.uk/siteconte ... -threshold

[Journeyman]

Thank you for this information guys, I have found it very useful. We are going to appeal with reference to the ruling by Justice Blake. I have the support of my MP from my home constituency in the Uk and I am optimistic about the outcome. the only bummer is the potential timeline. It's really disrupted our timeline what with quitting our jobs and shipping our stuff and all that nonsense.

Not to get churlish.... no, actually I'm gonna get churlish big time. Better here than in the real world, eh?

Simply put, there are a couple of politicians I'd like five minutes alone in a room with right now. We'd have a fine old discussion and no mistake!

Oh here's a question to anyone who's submitted an appeal recently, what is the best way to go? paper appeal or an in person hearing? if you go the in person route does the spouse get to enter the country to attend?

[Journeyman]

I have another question to anyone who may know about these things.... will my wife have to resubmit her passport for the appeal? It would prevent her from coming into the country as a tourist while the appeal is pending.... wouldn't also stop her attending an in person hearing too?

[sublime688]

I have another question to anyone who may know about these things.... will my wife have to resubmit her passport for the appeal? It would prevent her from coming into the country as a tourist while the appeal is pending.... wouldn't also stop her attending an in person hearing too?

She doesn't need the passport for the appeal system.

It all depends on you as she doesn't have to attend the hearing. She can sign her witness statement that goes in with the bundle that can be used at the hearing if she cannot attend.

[Journeyman]

Thank you so much for your help guys!