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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7676
Experience:  UK Lawyer holding practising certficate for England & Wales.
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my Vietnamese wife s visa what type of visa to apply for!? I

Customer Question

my Vietnamese wife s visa
what type of visa to apply for!?
I m currently an Offshore Engineering Cadet
annual income approx £14k
if i should apply or wait till my salary grows up after i graduate in 2years
or apply for a different visa in the short term
then deal with longterm at a later date

where to apply website link!?
theres alot of websites out there
the process is rather confusing
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.

Where are you please?

How long will it be until you earn £18600 per annum do you think?

Kind regards

Customer: replied 3 years ago.

i ve been looking online

i m also a carer for my mother

who is on disability benefits

does this bypass the minimum £18k a year?


just over 2 years i ll have graduated

and will be on a starting salary of £30k+


give it to me straight

what are my options?


Expert:  Thomas replied 3 years ago.
Hi Ron,

I will. Are please able to confirm that your reside in the UK and that you are a UK citizen?

Kind regards,

Customer: replied 3 years ago.

yes i was born in Glasgow, and am a british citizen

and I live in Aberdeen

but i m in Glasgow term time

Expert:  Thomas replied 3 years ago.

Thanks for your question.

There is obviously a financial requirement in order for your wife to apply for a spouse visa, which no doubt you are aware of:-

Unfortunately, your current salary falls below this level. This means that your options are limited but are as follows:-
1. Wait until you are earning above the threshold amount

2. Investigate securing a job from a company which is able to sponsor your wife for a Tier 2 general visa. You will see the UKBA webpage on this here:-

You would have to have the required amount of points on the above page to apply. In the first instance if you decide to proceed on this basis she would have to attempt to secure a job offer from an employer in the UK so she would apply for job and make it clear that they would have to sponsor her. If you find one then she can apply on this basis. ]

3. Apply on the basis of EEA rights under the Surinder SIngh ruling. However, in order to do this you and your wife would have to relocate to another EEA country and you would have to work for at least 3 months there. Once you have done this your wife could apply for an EEA family permit to return to the UK. IF you do this then you would not have to meet the financial requirement because you would be treated as an EEA citizen, rather than a UK citizen requiring to meet the spouse visa requirementes. You would not even have to have an offer of a job in the UK to be eligible for this. Information here:-
Pleae refer to 2.5.1 on the above page for confirmation of this option.

4. Wait and keep an eye on the rules to see if the financial requirement is challenged and removed. Eventually it will be but it's going to take a considerable time because immigration is such a politically hot topic.

Regrettably, the fact that you are a carer probably does not assist your position greatly. There is an exemption from the financial requirement in the case of an applicant who is in receipt of a disability related benefits, so that the reqwuirement does not apply but I believe this is for where the applicant themselves suffers from a disability.

I am sorry that there are not more options for you.

Kind regards

Customer: replied 3 years ago.

I have 1 more quick fire question
my brother is on a high salary
is it possible that he can guarantee or tor financially to support my wifes visa application?

Expert:  Thomas replied 3 years ago.

No, I'm afraid not. Only spouses are allowed to sponsor.

He could gift you (rough calculations) £28000.00 and you could then hold this for 6 months and then it would top your income up by £4800.00 to get above the salary threshold.

Kind regard

Expert:  Thomas replied 3 years ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

Kind regards,