Spouse Visa to the UK

[MartinMwg]

Hi

I am hoping somebody has been in a similar position to me and can offer some advice.

I am looking to return to the UK. I was born in the UK and have dual citizenship (British/Australian). My wife is originally from Turkey and is also an Australian citizen. We are currently living in Brisbane. It seems the only/obvious way for my wife to live permanently in the UK is to get a Spousal Visa.

There is no issue with being married etc etc but the thing that is confusing is the bit about proof of income.

The uk gov web-site states that you and your partner must have a combined income of at least 18,600GPB a year. The thing is, we will be applying when living in Australia and we intend to move to the UK together. So, at the time of applying are they assuming I should be living in the UK and have a job there? The site doesn't specifically state either way. 

Thanks in advance.

M

[Tulip1]

6 hours ago, MartinMwg said:

Hi

I am hoping somebody has been in a similar position to me and can offer some advice.

I am looking to return to the UK. I was born in the UK and have dual citizenship (British/Australian). My wife is originally from Turkey and is also an Australian citizen. We are currently living in Brisbane. It seems the only/obvious way for my wife to live permanently in the UK is to get a Spousal Visa.

There is no issue with being married etc etc but the thing that is confusing is the bit about proof of income.

The uk gov web-site states that you and your partner must have a combined income of at least 18,600GPB a year. The thing is, we will be applying when living in Australia and we intend to move to the UK together. So, at the time of applying are they assuming I should be living in the UK and have a job there? The site doesn't specifically state either way. 

Thanks in advance.

M

I believe you either need to have a job to go to in the UK giving that minimum income or a certain amount of money/savings.  If you have neither then it may well be you’ll need to move over first and secure a job to satisfy the criteria before your partner can join you.  I think it’s a lot harder to bring a partner from Australia to the UK than the other way around.  

[FirstWorldProblems]

I did the same thing but my experience is 20 years old so it’s possibly changed.  I had a job lined up but hadn’t started yet so instead was able to point to savings in the bank as proof we could support ourselves.  

[Marisawright]

10 hours ago, MartinMwg said:

I am looking to return to the UK. I was born in the UK and have dual citizenship (British/Australian). My wife is originally from Turkey and is also an Australian citizen. .... It seems the only/obvious way for my wife to live permanently in the UK is to get a Spousal Visa.

There is no issue with being married etc etc but the thing that is confusing is the bit about proof of income.

The uk gov web-site states that you and your partner must have a combined income of at least 18,600GPB a year. The thing is, we will be applying when living in Australia and we intend to move to the UK together. So, at the time of applying are they assuming I should be living in the UK and have a job there? 

The UK spouse visa is confusing because a lot of the info is written as though the British partner is already in the UK and wants to bring a partner into the country. 

Worth noting that it's the applicant who must be earning 18,600GPB a year (which can be their Australian salary).  As the UK partner, you can't count your income unless you are already working in the UK (see page 17 of the Financial Requirement doc).  Also see page 21 which says you need to have a job offer if you are returning together. 

The only way around this is If either of you has savings, and you've held them for at least 6 months. That will reduce the amount of income you need (the more savings you have, the less income you need).  If you have 62,500 GBP in savings, you don't need to prove income at all.  I don't believe you need a job offer, either.  

It's worth reading the document carefully.  A few years ago, you could use the proceeds from the sale of your home to satisfy the 'savings' requirement, even though the money hadn't been in the bank for 6 months. You just needed a letter from your solicitor or conveyancer proving the sale.  If that's still the case, that may be helpful.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

Edited December 12, 2022 by Marisawright

[Marisawright]

Another point to note:  one thing that often trips people up is the accommodation requirement.  You have to prove you have accommodation to go to -- not just a holiday flat or someone's spare room, but a home suitable for long-term occupation.   

We were able to use my sister's address, because her kids have moved out and it's just her and her husband in a large home.  They've moved their bedroom downstairs so we could claim to have the whole upper storey to ourselves.

Also note that you must submit Appendix 2, which is separate from the online spouse application.  Appendix 2 is where you give details of your financial/accommodation situation.  Because it's separate from the online form, it's easy to forget, but it's the most important part of the application!

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/733638/VAF4A-Appendix2-08-18.pdf

Edited December 12, 2022 by Marisawright