Spouse visa (FLR) - What if you can't meet the requirements?

[matt1020]

Apologies if this question has been has previously – I couldn’t find it elsewhere on the forum.

I’ve just found out that my contract is about to end in August, at exactly the same time as my wife’s initial Spouse Visa expires. Obviously I am already looking for a new job but my concern is what will happen if I am unable to find one in time. I assume my wife will need to leave the country before her visa expires, or she will be breaking the law.

If she left the country before her visa expired and then I was able to find a new job afterwards, would I be able to apply for a new Spouse Visa (FLR) for her? If there was a short gap between expiry and a new visa being granted would this still be considered as a continuation of the five-year route – or would we effectively be returning to ‘square one’?

I should mention that I don’t have sufficient savings to meet the financial requirements from cash alone.

Many thanks in advance for your replies.

[CR001]

Does your wife work?

If you do not meet the requirements, she can apply on FLR(FP) 10 year partner route.

You cannot make an FLR application if your spouse is NOT in the UK. She would have to apply for a new entry clearance visa and start from scratch.

[Casa]

It's also essential that you don't let your wife's current visa expire before submitting an application for further leave.

[Obie]

Just to add to what my 2 fellow moderators have said, does you wife have any child by you?

FLR(FP) is near impossible in the absence of a child. unless in exceptional circumstances.

[matt1020]

Thank you for your replies - you've been most helpful.

We don't have any children so I'm guessing from what you've said, the 10-year route is out.

My wife isn't working at the moment. She was the unofficial carer for my mum, who died just before Christmas. She is looking for work at the moment though. If she is working does her income count towards the £18,600 requirement?

The other thing is that we inherited my mum's property which is worth about £250,000. Can we use that as an asset to meet the financial requirement, or do we actually need to have sold it and have the money in the bank?

Many thanks again.

[Casa]

Thank you for your replies - you've been most helpful.

We don't have any children so I'm guessing from what you've said, the 10-year route is out.

My wife isn't working at the moment. She was the unofficial carer for my mum, who died just before Christmas. She is looking for work at the moment though. If she is working does her income count towards the £18,600 requirement? Your wife's earnings will qualify towards meeting the minimum income level.

The other thing is that we inherited my mum's property which is worth about £250,000. Can we use that as an asset to meet the financial requirement, or do we actually need to have sold it and have the money in the bank? The property has to be sold and the proceeds within your control.

Many thanks again.

[matt1020]

My wife isn't working at the moment. She was the unofficial carer for my mum, who died just before Christmas. She is looking for work at the moment though. If she is working does her income count towards the £18,600 requirement? Your wife's earnings will qualify towards meeting the minimum income level.

The other thing is that we inherited my mum's property which is worth about £250,000. Can we use that as an asset to meet the financial requirement, or do we actually need to have sold it and have the money in the bank? The property has to be sold and the proceeds within your control.

Thanks for that information