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: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

in reference to the the issue of visas for spouses is it likely

Resolved Question:

in reference to the the issue of visas for spouses is it likely that there will ever be a fair system seems totally unhumanitarian to shut everybody out for the sake of a few people.
Anyhow , question as i am almost 63 what happens when i reach pension age? there is no way to meet the current or even proposed min wages so does that mean a pensioner is not allowed awife.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Essentially you are correct, but I will advise you of your (quite limited I'm afraid) options.
Are you working?
Would you be able to relocated for about 4-6 months at some point to work in an EEA country with your wife/fiance?
Kind regards,
Tom
Customer: replied 2 years ago.

Good Morning.

Thank you for your response however, i am uncertain as to what you are saying = do i understand it corerectly that if you are of pension age and your wife is only say 45 meaning of working age and a professional ( nurse ) you would be unable to get your wife a visa.???? eea is that europe ? i think unlikely to get work there due to age and my wife being a philippina would need visa again..

Expert:  Thomas replied 2 years ago.
Hi,
I'm really sorry I've not be able to answer, as I am presently out of the country.
I will be able to answer at about 1030 tomorrow morning.
Your question will remain open for others to answer in the meantime.
Kind regards,
Tom
Customer: replied 2 years ago.

Hello

to answer your question yes am working in the middle east. am unlikely to work in EEA country due to age almost retirement age.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply and patience.
The financial requirement is obviously very controversial in that it excludes a great many families from being together.
If you are outside the UK and cannot meet the financial requirement by showing that you and your wife have cash savings of £62500.00 which you have held for 6 months then you would be looking at meeting it by salary.
In the case of a person returning to the UK, the requirement is that you must be able to show that you have earned a salary above £18600.00 during the preceding 12 months outside of the UK before the application AND that you have a job offer to start in the UK within 3 months at a salary above £18600.00.
Unfortunately, if your wife is out of the UK then you cannot rely on any element of her salary.
If you are unable to meet the requirement via either salary or cash savings, then your options are limited.
One slightly back-door way is if you are able to relocate to an EEA country (ie a European Member state) in order to work for about 4--6 months with your wife. If you were to do this then your wife could apply for an EEA family permit at the end of this time in order to come back to the UK with you under EEA rights (these are different to the Immigration Rules). If you did this then you would not have to meet the financial requirement because it does not apply to EEA nationals.
If you are not able to do this then the only options are to wait until the rules eventually change or to invetigate whether your wife can secure employment via a Tier 2 Sponsorked Skilled worker visa so that she can apply via sponsored employment:-
https://www.gov.uk/tier-2-general
I am sorry there are no better options for you.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

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:

    890
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    890
    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:

    109
    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