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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I am British and my wife is Vietnamese. We have been

Resolved Question:

Hello, I am British and my wife is Vietnamese. We have been in the UK for 4 months on a visitor visa for her and my son. We just found out this week she is pregnant. I have just been offered a job in the UK and I don't want to see my family back to Vietnam and risk them not getting back in again. We want to stay together here in the UK now but we do not to overstay her visa which is for just 6 months. Is there anything we can do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
What is the annual salary for the job you have been offered?
What level of cash savings do you have between you?
Kind regards,
Tom
Customer: replied 1 year ago.

The salary is GBP 30,000. Our current savings are just about GBP 13000, but will be more soon after selling some property in Asia. However as of today, just about 13k

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
All visit visas are subject to the condition that the visitor must not seek to switch in to another category of visa and must leave the UK before the expiry of the visa. Therefore she has no automatic right to apply from within the UK.
Your savings are unfortunately insufficient to meet the spouse visa financial requirement on their own. This means that you will have to rely on the income from your new job. The difficulty is that the income is only allowed to be counted once you have been employed for 6 months because you are in the UK.
Therefore, the earliest time at which she could apply for a spouse visa from Vietnam would be the date which is 6 months after you have started your employment. Obviously, this is not ideal.
There is barely any chance that an application that you would make from within the UK for a spouse visa now would be accepted right now. This is because you do not meet the financial requirement and your wife is a visitor. However, any application that you make will give you a small amount of breathing room whilst they consider it but they will likely take less than 6 weeks to reject the application.
Once the application has been rejected (if you make one), your wife will be illegally in the UK and may be subject to deportation proceedings potentially. If your wife is deported or leaves the UK then she would still be able to apply from Vietnam because your human right to a family and private life would override this.
It’s an awful situation but ultimately you will either have to accept that your wife will have to apply from Vietnam once you have been employed for 6 months or more or apply within the UK after this time in the hope that you may get sympathy when you appeal the inevitable rejection that you get on the basis that she is pregnant and that – you would argue – it would be unreasonable and disproportionate to expect her to return (when preganent) home to make her application. Obviously, during this time she would be illegal in the UK so you would have to take your chances as far as enforcement/deportation is concerned.
I am sorry.
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 1 year ago.

Thank you. As expected.

What level of savings are needed to make it possible to apply within the UK to change visa types for her? Such savings need to be 6 months or older? So if we do manage to sell our house and get cash in the next couple of weeks, will we be able to count these funds, or do we need to wait 6 months before they will accept them?

So in a nutshell, the only hope is a sympathetic case officer?

Expert:  Thomas replied 1 year ago.
Hi,
The level of savings required to meet the financial requirement is £62500.00 but this would not on it's own solve the problem of the visit visa.
Savings must be held for 6 months.
If you sell your house and hold the amount in cash, then you would - I think - meet the financial requrement straight away provided that you have owned the property for more than 6 months.
This does not solve the problem of the visit visa. If your wife is only just pregnant then I woudl see a solicitor immediately in person to check that if you sell you house you will meet then financial requirement, then having them draft an emergency spouse visa application to be submitted immediately by your wife as soon as possible from Vietnam.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
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