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Spouse visa help and questions

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Cshdld2
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Joined: Mon Dec 05, 2016 7:18 am

Spouse visa help and questions

Post by Cshdld2 » Mon Dec 05, 2016 7:26 am

I'm currently living in New Zealand with my American husband. We both have good jobs, both earning over £35,000. In January 2014 we were refused a spousal visa for my husband on grounds of insufficient funds.

Our situation is still the same, we don't have £62,500 in savings and our income is about the same, if not a decent bit more now. I'd like to reapply but I don't want to risk doing it and being rejected again. New Zealand welcomed us with open arms, giving us permanent residency, but I want to get home to Scotland and I want to bring my husband with me!

Is it pointless even trying in the current political climate?!

What do I need to do to make sure we don't get rejected. I just want to go home :'(

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Casa
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Re: Spouse visa help and questions

Post by Casa » Mon Dec 05, 2016 7:56 am

In order to qualify with overseas earnings, as the sponsor it is mandatory to show that you have a confirmed offer of employment in the UK starting within 3 months of your arrival, meeting the £18,600 annual income level.

It appears that you already meet the other condition of 12 months earnings the equivalent of £18,600 p.a in NZ for the 12 month period prior to submitting your husband's spouse settlement visa.

Without this (or the £62,500 in savings) your only other option is to re-locate to the UK ahead of your husband and once you can show 6 months payslips & the corresponding bank statements, you will be able to apply for your husband to join you.

It's not a question of the political climate, these are the Immigration Rules and there's no lenience on the financial income which has been in place since July 2012.
(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.

Cshdld2
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Joined: Mon Dec 05, 2016 7:18 am

Re: Spouse visa help and questions

Post by Cshdld2 » Tue Dec 06, 2016 4:40 am

Could our original refusal count against us?

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seagul
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Re: Spouse visa help and questions

Post by seagul » Tue Dec 06, 2016 6:35 am

Cshdld2 wrote:Could our original refusal count against us?
Except the refusal on deception grounds any refusal should not affect any future application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: Spouse visa help and questions

Post by Casa » Tue Dec 06, 2016 7:40 am

Cshdld2 wrote:Could our original refusal count against us?
No. The application will be assessed on the documents you submit with the new application.
(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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