How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

my Vietnamese wife s visa what type of visa to apply for!? I

Customer Question

my Vietnamese wife s visa
what type of visa to apply for!?
I m currently an Offshore Engineering Cadet
annual income approx £14k
if i should apply or wait till my salary grows up after i graduate in 2years
or apply for a different visa in the short term
then deal with longterm at a later date

where to apply website link!?
theres alot of websites out there
the process is rather confusing
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

Where are you please?

How long will it be until you earn £18600 per annum do you think?

Kind regards


Tom
Customer: replied 2 years ago.

i ve been looking online


i m also a carer for my mother


who is on disability benefits


does this bypass the minimum £18k a year?


 


just over 2 years i ll have graduated


and will be on a starting salary of £30k+


 


give it to me straight


what are my options?


Ron

Expert:  Thomas replied 2 years ago.
Hi Ron,

I will. Are please able to confirm that your reside in the UK and that you are a UK citizen?

Kind regards,

Tom
Customer: replied 2 years ago.

yes i was born in Glasgow, and am a british citizen


and I live in Aberdeen


but i m in Glasgow term time

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

There is obviously a financial requirement in order for your wife to apply for a spouse visa, which no doubt you are aware of:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf

Unfortunately, your current salary falls below this level. This means that your options are limited but are as follows:-
1. Wait until you are earning above the threshold amount

2. Investigate securing a job from a company which is able to sponsor your wife for a Tier 2 general visa. You will see the UKBA webpage on this here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/

You would have to have the required amount of points on the above page to apply. In the first instance if you decide to proceed on this basis she would have to attempt to secure a job offer from an employer in the UK so she would apply for job and make it clear that they would have to sponsor her. If you find one then she can apply on this basis. ]

3. Apply on the basis of EEA rights under the Surinder SIngh ruling. However, in order to do this you and your wife would have to relocate to another EEA country and you would have to work for at least 3 months there. Once you have done this your wife could apply for an EEA family permit to return to the UK. IF you do this then you would not have to meet the financial requirement because you would be treated as an EEA citizen, rather than a UK citizen requiring to meet the spouse visa requirementes. You would not even have to have an offer of a job in the UK to be eligible for this. Information here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary
Pleae refer to 2.5.1 on the above page for confirmation of this option.

4. Wait and keep an eye on the rules to see if the financial requirement is challenged and removed. Eventually it will be but it's going to take a considerable time because immigration is such a politically hot topic.


Regrettably, the fact that you are a carer probably does not assist your position greatly. There is an exemption from the financial requirement in the case of an applicant who is in receipt of a disability related benefits, so that the reqwuirement does not apply but I believe this is for where the applicant themselves suffers from a disability.

I am sorry that there are not more options for you.

Kind regards

Tom
Customer: replied 2 years ago.

I have 1 more quick fire question
my brother is on a high salary
is it possible that he can guarantee or tor financially to support my wifes visa application?

Expert:  Thomas replied 2 years ago.
Hi,

No, I'm afraid not. Only spouses are allowed to sponsor.

He could gift you (rough calculations) £28000.00 and you could then hold this for 6 months and then it would top your income up by £4800.00 to get above the salary threshold.

Kind regard

Tom
Expert:  Thomas replied 2 years ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm