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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My wife is Japanese, we got married in Jan 2013 in Japan and

Resolved Question:

My wife is Japanese, we got married in Jan 2013 in Japan and came to the UK 28 March 2013. Her spouse visa is valid until December 2015. Her current visa sates - "no recourse to public funds". Does this mean she is not entitled to NHS treatment?
We understand she has to go through another process in Dec 2015, which if successful would result in a further 2 and half years before final part of the process to receive full spouse visa. Is this correct?
My wife currently does not work but I earn a significant salary and I have been a higher rate tax payer most of my life. Will her not working impact her next visa process in Dec 2015 or will my earnings be sufficient?
My job may take us abroad (say from April 2015) for a few years to either Middle East or Singapore. If we choose to do this what impact will that do to her visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Thank you for your questions which I will respond to as follows
She is entitled to free NHS treatment as that is not covered by the public funds restriction in her case
Yes, the initial visa is issues for 30 months and another 30 months extension is required. After 5 years in the UK, she may apply for indefinite leave to remain in the UK and as soon as she receives this, she may apply for British Citizenship so that there is then no issue or worry about you working away from the UK.
She does not need to be employed or working as long as you are able to support her financially until she receives her indefinite leave to remain.
I am afraid that will impact on her visa as the visa really required you both to live in the UK as a couple and any lengthy time away from the UK will mean the clock may be re started and the process has to be restarted all over again as far as her UK spouse visas are concerned.
May I help further?
Customer: replied 2 years ago.

Thanks

Can I ask follow up questions or do I have to pay again for further questions?

Expert:  UKSolicitorJA replied 2 years ago.
If following up on your original questions, please continue here, otherwise please leave feedback for the answers given and start a new question asking for UKSolicitorJA only to answer. I am online for another 15 minutes.
Customer: replied 2 years ago.

This somewhat of a hypothetical question although there is a scenario whereby I could leave my job to set up a business on my own.

In the event that I left my job and say we were both not earning £18600 per year (as I believe is required), as my business would still be in the early stages what would actually happen?

Surely as we are married my wife could not be sent back?

Expert:  UKSolicitorJA replied 2 years ago.
If you had savings in cash over £63500 held for more than 6 months in a bank account, that would be enough on its own to meet the financial requirement.
If not, she would not be issued with an extension for another 2.5 years and would have to go back unless she obtained some other leave to remain in the UK.
Hope this helps
Customer: replied 2 years ago.

ok, so thats good in terms of £63.5k

Then she would have a 2.5 year extension taking us to 5 years. Is it the same situation at that point - earning over £18600 each or £63.5k in bank account for more than 6 months?

Also, I think final q;

what happens if she is earning £18600 per annum and I am not (or visa versa)?

Expert:  UKSolicitorJA replied 2 years ago.
Although not yet cast in stone, I would work on that assumption as the rules may change before the 5 year mark is up.
All the best
Customer: replied 2 years ago.

My final question was:

What happens if my wife is earning £18600 and I am not (or visa versa)?

Expert:  UKSolicitorJA replied 2 years ago.
That will count towards the financial earnings requirement.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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