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: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I have just been made unemployed and was about to apply for

Resolved Question:

I have just been made unemployed and was about to apply for my wife and stepson to join me from Sierra Leone. My daughter has the earning capacity and has agreed to act as a sponsor. can she apply for my wife to come and join me and if so is my wife allowed to work. Also if sponsored does my wife have to live in her house
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hik,

What nationality are you please?

What level of cash savings fo you and your wife have between you?

Is there a prospect that you will shortly be employed at a salary above £18600 per annum?

Tom

Customer: replied 1 year ago.
Hi Tom,
I am British. Our cash savings are negligible what I have left will be needed to pay for the Immigration fees and air flights. I will be able to find a job reasonably easily but I cannot be sure I will exceed that salary again at this time. perhaps in six months or so.
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your reply.

Unfortunately., your daughter cannot sponsor your spouse using her salary for the purpose of your wife's spoue visa application.

Only your income/savings is permitted to count towards meeting the financial requirement if your wife is out of the UK.

This means that your most realistic prospect of meeting the financial requirement is to get employed as quickly as you can at a salary of above £18600 per annum (if your wife alone is to apply) or £22, 400 per annum (for both your wife and stepson). Once you have been in recepit of this income from employment for 6 months then you would meet the financial requirement so that your wife can apply.

Obviously, this is going to take some time but this is your only option if you do not have considerable savings.

In the meantime your wife can apply for a visit visa so that she can come her to stay with you for up to 6 months. The application would be a little bit more difficult because you must show that your wife intends to return to her home country before the expiry of the visa. She cannot apply to switch to a spouse visa whilst in the UK on a visit visa.

I really am sorry that there are no other options for you.

Please do remember to leave feedback.

Kind regards.

Tom

Customer: replied 1 year ago.
Hi Tom,
Thanks you for the clarification even though it is not what I really want to hear. It does raise one further query. Does all my income for the past year qualify for the application or just my future earnings? I was paid £30,000pa and I am still within my notice period. If I am able to get work quickly would the Gov take an average income or would they only accept my current income and would both jobs count as six months employment?
What kind of capital would I need?
Best wishes,
Roy
Expert:  Thomas replied 1 year ago.

Hi Roy,

If you secure employment at the required rate but have not reached the 6 months require at the time your wife applies, then the home office would look at the

Expert:  Thomas replied 1 year ago.
Hi Roy,If you secure employment at the required rate but have not reached the 6 months require at the time your wife applies, then the home office would look at the income you earned in the previous 12 months going back from the date that your wife applies. If that income is more than the amount required and your new job is above the salary required then you would meet the financial requirement would be okay provided you were able to evidence this with documentary evidence (payslips, tax returns, bank statements etc). If you were applying on the basis of cash savings alone and not taking account of any employment income then you would have to have £72, 000.00 for your wife and stepson. Please do leave feedback.

Tom
Thomas and other Immigration Law Specialists are ready to help you