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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi there, I met my girlfriend (who is a Chinese national)

Resolved Question:

Hi there,
I met my girlfriend (who is a Chinese national) through an MSc course at the University of Bristol last year. I am British. We now both live in London and she works full time. She may be sponsored by her company to stay on and work for them and get a visa that way. However she currently earns under the threshold and without a raise the home office is unlikely to allow her a visa to stay.
My question is what are our options in terms of obtaining a spouse visa?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What visa does she have at the moment?
What is her salary?
What is your salary?
Kind regards
Tom
Customer: replied 2 years ago.

Hi,

She has a student visa, I dont know any of the details apart from it expires January 25th.

Her current salary is £18,500 per annum.

I currently don't have an annual salary as I'm looking for work.

Cheers,

Cameron

Expert:  Thomas replied 2 years ago.
Hi Cameron
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Please note that I have assumed that you do not have access to savings between you of £16, 000.00. Let me know if you do then my answer may change.
I am really sorry but at the present time you would not be able to apply for a spouse visa. This is because her level of salary is below the threshold level of £18600 per annum and because at the moment you do not have any employment.
I am a bit surprised to see that she earns that much whilst on a student visa and by observing the work hours restrcitions on her visa.
Unfortuantely, the further difficulty is that she would not be able to apply immediately even if you got a job at the present time because in order to rely on salary that you earn you must have been employed at above the threshold level for a minmum of 6 months.
In the circumstances, the most sesnisble thing to do would be for you persist at getting a job at above the threshold level and then apply. As to her current visa situation, it’s likely that if her current company cannot sponsor her for a Tier 2 Sponsored Skilled Worker visa (https://www.gov.uk/tier-2-general/overview) then it’s likely that she will have to return home for a period of time until you secure a salary at above the threshold level.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

Thankyou very much for the information you have provided so far. I personally have savings in excess of £16,000. How does this effect the situation?

Thanks,

Cameron

Expert:  Thomas replied 2 years ago.
Hi Cameron,
How much do you have?
Do you have savings in excess of £62, 500?
Kind regards
Tom
Customer: replied 2 years ago.

Hi Tom,

I have savings of £20,000.

Cheers,

Cameron

Expert:  Thomas replied 2 years ago.
Hi Cameron,
If you have savings in cash of that amount which you have held for over 6 months then this would reduce the amount which you require to be evidenced by salary by £1600.00.
This would mean that you would only have to show salary of £17000.00. Therefore, provided that your partner has a salary and a continuing job then you could in theory get married and apply for a spouse visa. This is provided that she has been in enployment for longer than 6 months in her role AND that she has not breached the restrictions on the amount of hours she is permitted to work under the terms of her student visa.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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