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Returning to the UK with spouse

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Mharrison
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Joined: Thu Aug 18, 2016 5:59 pm

Returning to the UK with spouse

Post by Mharrison » Thu Aug 18, 2016 7:09 pm

Hello,

I would like some information / help understanding what i would need to do in my situation.

I'm a British national married to a Brazilian to whom I've been married to for over 9 years. I'm thinking moving back to the UK would like some help with what would be required for my spouse to join me.

In the UK i have no assets and think that i would first need to come back to UK alone and start working with a salary of over £19k..? Here in Brazil we both work and have savings and assets to sell totaling over £20k. My spouse would like to work UK and is fluent in English, passing the language test wouldn't be a problem.

Can anyone please help me.

Thanks.

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Casa
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Re: Returning to the UK with spouse

Post by Casa » Thu Aug 18, 2016 7:16 pm

In order to meet the financial conditions for a spouse settlement visa, as the sponsor you would have the following options:
1. Return to the UK alone and apply once you have been earning £18,600 per annum pro rata for 6 months
or
2. If you have been earning the equivalent of £18,600 in Brazil for the 12 month period prior to submitting the application and have a confirmed job offer in the UK to start within 3 months of arrival, you could move to the UK together. (Once the spouse visa has been granted).

Only savings over £16,000 to make up any shortfall in earnings will be considered and must have been held in an accessible account for a minimum of 6 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Mharrison
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Posts: 3
Joined: Thu Aug 18, 2016 5:59 pm

Re: Returning to the UK with spouse

Post by Mharrison » Thu Aug 18, 2016 7:57 pm

Casa wrote:In order to meet the financial conditions for a spouse settlement visa, as the sponsor you would have the following options:
1. Return to the UK alone and apply once you have been earning £18,600 per annum pro rata for 6 months
or
2. If you have been earning the equivalent of £18,600 in Brazil for the 12 month period prior to submitting the application and have a confirmed job offer in the UK to start within 3 months of arrival, you could move to the UK together. (Once the spouse visa has been granted).

Only savings over £16,000 to make up any shortfall in earnings will be considered and must have been held in an accessible account for a minimum of 6 months.
First thanks for the quick reply.
So if for example I brought £16,000 and is placed in my UK bank account, start working then after 6 months what would my salary need to be considering the £16,000?

Thanks again.

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Casa
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Re: Returning to the UK with spouse

Post by Casa » Thu Aug 18, 2016 8:14 pm

Not quite as simple as that unfortunately.

Without any income you would need £62,500 held in an accessible account for 6 months.
This is £18,600 x 2.5 years = £46.500 + £16,000 in savings which must be held but is disregarded = £62,500.

If for example you had £20,000 in accessible funds but no earned income, you would be short by £42,500 in savings.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Mharrison
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Joined: Thu Aug 18, 2016 5:59 pm

Re: Returning to the UK with spouse

Post by Mharrison » Thu Aug 18, 2016 8:28 pm

Casa wrote:Not quite as simple as that unfortunately.

Without any income you would need £62,500 held in an accessible account for 6 months.
This is £18,600 x 2.5 years = £46.500 + £16,000 in savings which must be held but is disregarded = £62,500.

If for example you had £20,000 in accessible funds but no earned income, you would be short by £42,500 in savings.
Complicated.. :roll:
So back to option 1?
I return to the UK for 6 months pro rata, earning £18,600 per annum then my spouse would meet the financial condition? Say if my spouse was able to get a work sponsor within this 6 months would her salary be considered or is this even allowed, hard to consider living apart for 6 months after being married for almost 10 years...

Sorry for all the questions

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Casa
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Re: Returning to the UK with spouse

Post by Casa » Thu Aug 18, 2016 8:33 pm

If your wife managed to find a Tier 2 sponsor, she could then switch to a spouse visa - FLR(M) from within the UK once you can show 6 months of income @ £18,600 p.a which could be joint.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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