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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 574
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My wife is on a 5 year route for Spouse visa and coming up

Customer Question

My wife is on a 5 year route for Spouse visa and coming up to extend her visa.
I am a British citizen for over 45 years. I have been with the same employer for over 10 years and I met the financial criteria when she came. I have always earnt over £18600 and can prove this through p60s. However, last year due to losing my sister to Cancer and suffering anxiety and stress also having an operation on my knee I have been limited as regards ***** ***** earning capacity i.e. I was on sick pay hence I do not fully meet the financial criteria this year. My p60 shows £14700 and last six months pay slip shows less due to sick pay.
My wife,s bank account shows we have spent £30,000 of own monies in last year to live on and not needed any recourse to public funds. She has payed for and completed a level 3 teaching assistant course and has a UK NARIC comparable M.A. degree in English Literature.
I am back on full pay now and will be earning as per normal soon.
I own a property I rent out that is still in joint names with my ex wife which I am trying to change on the deeds.
I own my own house and we have more than enough savings, however they are not all in my wife,s account yet i.e. some savings about £10,000 remainder £9000 in policys not matured yet. Further, Inheritance that is still being processed which would more than cover the next few years.
The whole rental income though has been coming to my business account for a few years and I can show that through bank account and self assessment returns. If this is taken into consideration then I would possibly meet the financial requirement.
We are both really worried.
My question is I need to apply for the 5 year route extension. If I fail on the financial criteria basis will my wife be considered for the 10 year route. Further, once I can show I meet the financial criteria can we then revert i.e. apply to back on the 5 year route.
My wife,s visa finishes on 17th June so we are applying asap.
Is it doom and gloom i.e. will she have to leave whilst a decision is being made.
Any light on how this all works would ease our stress.
Thank you.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 5 months ago.

Hello

Thank you for your enquiry.

I understand your predicament. Unfortunately you must meet the financial requirement. However your wife's income, if she is working, can be combine with yours towards the requirement. Also income from rental property can be taken into account in some circumstances. There is no option of a 10 years route to be considered if the financial requirements is not met.