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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7647
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am looking for advice on visas for my wife. I have full

Customer Question

Hello. I am looking for advice on visas for my wife. I have full British citizenship (born in England and lived there for 27 years) but my wife is Mexican. We were denied a fiancé visa last year so I’m living isn’t her in Mexico. What would be the best visa to obtain?
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am currently living in Monterrey, Mexico. I was born in York, North Yorkshire and lived in Selby of the same county.
Assistant: Has anything been filed or reported?
Customer: Not recently. Only the rejected visa from early last year.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: She has a degree but I believe is unable to meet the criteria for a work visa. I think that’s everything
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.

Hi

Thanks for your question.

What were the reasons for refusal of the spouse visa please?

Kind regards

Tom

Customer: replied 1 month ago.
We were missing 1 weeks payslip from the six months financial evidence, and no bank statements were supplied as we thought only one met the requirements.
Also there wasn’t enough information supplied regarding accommodation.
We decided not to appeal as we wanted to be with each other so instead I moved to Mexico.
Thanks for your help.
***** *****.
Expert:  Thomas replied 1 month ago.

Hi

Thanks for your question.

If it is the case that put you are certain you meet the application criteria and your application was only rejected because you did not include a few documents then the best thing that you can do is to apply again. When you apply for the second time you should correct the documents that is not include so that they are included with your second application.

I would strongly suggest that you instruct a UK based immigration solicitor in order to check your documents just before you apply for a second time. This will provide you with Confidence and assurance that you have submitted all the correct documents and ensure that your application is accepted on the second occasion.

Ultimately, a spouse visa application would appear to be the most appropriate in your circumstances since you and your wife are intending to return to United Kingdom to settle permanently period for this reason the most appropriate.

If you have any questions then please do ask period please remember to leave feedback using the stars at the top of the page.

Kind regards .

Tom

Customer: replied 1 month ago.
Because my situation has changed I’m not sure if I can apply for a spouse visa. While living in England I earned more than the required amount every year. Since I’m in Mexico I’m no longer working so have only my wife’s income, who is self employed. We do not have close to the required savings for a spouse visa, so is a spouse visa still appropriate?
Regarding instructing a UK based immigration officer for my second application, I thought that’s what I was doing? Or are you not a UK based immigration officer?
Thanks.
***** *****.
Expert:  Thomas replied 1 month ago.

Hi Michael,

I am a UK solicitor but this is a simple question/answer service. If you wish for specfic advice then you would have to isntruct a Uk solicitor in the normal way.

If you have not earned any money from employment whilst you have been in mexico until now and do not have anyone who is able to gift you the money required to meet the financial requirement via savings (which you would then have to hold for 6 months before applying) then you do not meet the spouse visa eligilbility right now.

This means that your wife would have to apply for a visa independently of your relationship. Assuming that you do not have access to £200, 000 gbp for investment in a uk business and that she is not a world leader in her employment field and the company she works for does not intend to employ he in the uK then her options are limited:

1. Tier 2 Sponsored Skilled worker visa - https://www.gov.uk/tier-2-general - You will have to see if there is a job that you could do in the UK on the shortage occupation list: (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list - see table 1 on the link). She would have to obtain a job offer in the UK from a UK employer for one of the jobs and then isntruct a solicitor to apply on this basis

2. Tier 4 adult student visa - https://www.gov.uk/tier-4-general-visa/apply - this is a visa which would allow her to come to the UK to study in order to stay here until such time as you are able to build up your UK employment.

Otherwise, you (alone) would have to return to the Uk to work so that you could then apply after 6 months salaried employement for a spouse visa.

I am sorry the options are so thin, the rules are very harsh in your circumstance but would be grateful if you would please leave feedback on the basis of the accuracy of my answer.

Kind regards

Tom