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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7435
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can i apply visa to enable my south african wife to live

Resolved Question:

can i apply for a visa to enable my south african wife to live with me permanently in england
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Thanks for your patience.
What nationality are you please?
Do you earn more than £ 18600 per annum from salaried employment?
Kind regards
Customer: replied 1 year ago.

hi thomas

i am 65 in oct and receive pension cred. my wife does not work, i support her.

my yearly income at this time is appx;

£7670 per yr pension cred

£11960 per yr from lodgers as i am live- in landlord. (i am home owner)

therefore appx £19630 per year.

i am english born in england. i have a private pension at this time i am in the process of organizing it for a lump sum plus some form of small regular income.



Expert:  Thomas replied 1 year ago.
Hi Murray
How much cash savings do you have between you/your wife at the moment?
How much cash savings will you have between you/your wife once you have released the lump sum from your pension?
Do you have lodger agreements for your lodgers? If so how long are the terms of the lodger agreements?
Customer: replied 1 year ago.

at this time £750 savings which is likely going to pay new healthcare charge.

the max i can take as lump sum is £17400

i do have rental agreements. they pay weekly so i assume a weeks notice for them and for me to terminate their agreement.

Expert:  Thomas replied 1 year ago.
Would your wife intend to work?
Were any of grandparents born in the UK?
Customer: replied 1 year ago.

she has a job waiting for her this is in writing.

i am sure there were no grandparents born in england

Expert:  Thomas replied 1 year ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
She will have to apply from a spouse visa.
The webpage on spouse visas is here:
The eligibility criteria is here:-
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
The problem is in meeting the financial criteria. Although the total income you receive is above the threshold level, I have concerns about the lodger element of it. Tenancy income is okay where it is not your main residence. However, if you refer to section 6.2.2 on page 40 of the financial guidance you will see that income from lodger agreements is not allowed under the rules.
Therefore the application would be rejected at the moment. As far as I see, your options are:-
1. Release equity from your home in order that you have cash savings of £62500 and then apply. If you did this then you would not have to rely on any income element to meet the financial requirement.
2. Move out of the property, evict the lodgers and rent the property under an assured shorthold tenancy agreement to a tenant so that the rent income is above the threshold level of £18600 per annum (together with your pension income). However, you would have until you have been in receipt of this for 12 months before she applies.
She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online as you are aware. If she thinks she will have trouble doing this then I would suggest instructing a solicitor in order to do it for you or sitting with a trusted friend who is more computer-savvy to submit it with her.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
I am sorry that the options are a bit drastic.
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,
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7435
Experience: UK Lawyer holding practising certficate for England & Wales.
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