Meeting financial requirements for renewal of spouse visa

[matt1020]

Hi, my wife is non-EEA national currently here on a spouse visa. We’re 2 years down the 5 year route and her first visa is due to expire in September 2017.

I am teacher on contract until Easter, but this will likely be extended to the end of August and I earn sufficient to meet the financial requirement. I am unsure whether my contract will continue after that time, but I should know for definite by Easter. If my employment does not continue and I am unable to find a new position for the following academic year, we would be forced to rely on savings to meet the financial requirements. Currently I have my house on the market and if we moved to a smaller property, it would free up enough capital to make this possible. However, as I understand it we would need to have sold our house by the end of March, to have had the money in the bank for a period of 6 months prior to the visa application.

We have also considered buying a B & B business which we can run together, in which case I would finish my existing contract in Easter. If we did this, would we still be able to meet the financial requirement for my wife’s visa, because we would have been running the business for less than 12 months by the time her Visa is up for renewal?

If you’ve read this far then thank you, and also thanks in advance for any helpful feedback you can provide.

Matt.

[physicskate]

Does your wife work? Her income can count!

Savings derived from the sale of a house do NOT need to be held for 6 months as long as the property was held for more than 6 months, so as long as the property was sold before renewal, that would work.

Buying a B &B would presumably mean you would be self employed? You would need to be self-employed for at least a full tax year to sponsor your spouse.

Look for another teaching job (are you in FE, where short term contracts are more common?? Look for a secondary school!). The application season is fast arriving!

[matt1020]

Thank you for your feedback physicskate, especially about the savings from the sale of our house - I wasn't aware of that.

Presently, my wife doesn't work as she was caring for my mum until she died last month (but of course she can go out to work now). Yes, I'm teaching in a very nice secondary school and I'm currently on 0.6 which suits me as I earn enough to meet the financial requirement, and suits the school too as they have money problems, so they don't need a FT teacher. They also don't want to take anyone on permanently if they can avoid it, and that isn't much help to us in our current situation

The B & B would be something my wife and I could do together (her employment options are a bit limited based on her skills, education etc), and I've been in teaching a good few years so fancy a change.

If I borrowed enough money more than 6 months in advance and put that into a bank account, would that get around it? I currently have about £35,000 in savings so would need to borrow about £30,000. Oh, and can money in overseas bank accounts be counted towards savings or does it all have to be in UK bank accounts?

[CR001]

You cannot use 'borrowed or loaned' money to meet the financial requirement through savings. HO can ask for a long papertrail to prove the money is yours from savings and not borrowed or loaned from a bank or family.

Money in an overseas account can be used yes.

[matt1020]

You cannot use 'borrowed or loaned' money to meet the financial requirement through savings. HO can ask for a long papertrail to prove the money is yours from savings and not borrowed or loaned from a bank or family.

I can see that being an issue if money was borrowed from a bank or other commercial lender, but wouldn't it be difficult to prove if it came from a family member? What's to say that they hadn't gifted the money to you, in which case it's your money, and not a loan?

If you took out a loan against equity in your own home, would that still not count towards the requirement?

[physicskate]

You cannot use 'borrowed or loaned' money to meet the financial requirement through savings. HO can ask for a long papertrail to prove the money is yours from savings and not borrowed or loaned from a bank or family.

I can see that being an issue if money was borrowed from a bank or other commercial lender, but wouldn't it be difficult to prove if it came from a family member? What's to say that they hadn't gifted the money to you, in which case it's your money, and not a loan?

If you took out a loan against equity in your own home, would that still not count towards the requirement?

Because the family member has to write a letter saying the money is a gift. If they write the letter and then expect repayment, that would be fraud.

Not sure about an equity loan/ release!

[noajthan]

And misrepresentation or suppression of material facts in an application in which you vouch for the veracity and completeness can only lead to a world of pain.

[matt1020]

Because the family member has to write a letter saying the money is a gift. If they write the letter and then expect repayment, that would be fraud.

Fair enough!

I've been reading through the financial part of form FLR(M). They don't appear ask about any existing debts the sponsor might have. I have an outstanding student loan of £8,000 - would this amount need to be deducted from my total savings, or not?

Also, in terms of employment does the sponsors position need to be a permanent one or can it be an on-going contract? Thanks in advance.

[CR001]

HO don't care about your outgoings or debt. As long as the debt is being repaid of course.

Employment needs to be current and 'ongoing'. You need to submit employment contract and/or employment letter.

[matt1020]

HO don't care about your outgoings or debt. As long as the debt is being repaid of course.

Employment needs to be current and 'ongoing'. You need to submit employment contract and/or employment letter.

That's great - thanks again for your help. It would seem that if my school only offers me another temporary contract for the next academic year, then we should still be able to meet the requirement.

[physicskate]

How long have you been with the school?? I believe that after two years of temporary contracts in the same role it automatically becomes permanent? Or something like that??

Obviously this is not an immigration matter and I am no expert!

https://www.gov.uk/fixed-term-contracts ... m-contract

[matt1020]

How long have you been with the school?? I believe that after two years of temporary contracts in the same role it automatically becomes permanent? Or something like that??

Obviously this is not an immigration matter and I am no expert!

https://www.gov.uk/fixed-term-contracts ... m-contract

I'll have been there for 18 months in the summer, so not quite long enough!