Working on a spouse visa

[Jibi]

Hello and thanks for making this forum

I'm a British citizen, and my USA wife just applied for a spouse settlement visa, but was refused. The grounds were that my wife's US income (which she would continue to receive once we're in the UK) could not be counted as she is not in the UK with permission to work. Am I right in assuming that if she was granted the spouse visa she would have permission to work in the UK? In that case, why on earth would they refuse to count income that we have now and will continue to have once we're in the UK? The only thought I have is that we have been working overseas until now, and they could be assuming that we will continue working overseas instead of in the UK. But we made it very clear that that was not the case, that we are returning to live in the UK.

Thanks for your time,
Ben

[Amber]

Hello and thanks for making this forum

I'm a British citizen, and my USA wife just applied for a spouse settlement visa, but was refused. The grounds were that my wife's US income (which she would continue to receive once we're in the UK) could not be counted as she is not in the UK with permission to work. Am I right in assuming that if she was granted the spouse visa she would have permission to work in the UK? In that case, why on earth would they refuse to count income that we have now and will continue to have once we're in the UK? The only thought I have is that we have been working overseas until now, and they could be assuming that we will continue working overseas instead of in the UK. But we made it very clear that that was not the case, that we are returning to live in the UK.

Thanks for your time,
Ben

I'm afraid it's correct, although the spouse may be entitled to work when they are granted the visa, only the sponsor's employment income can be used if the applicant is not legally working in the UK. Both your savings could be used if the specified evidence is available. If the sponsor is returning to the UK with an offer of a job in the UK then that may suffice,