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UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife is from the Republic of Belarus and therefore a non

Customer Question

My wife is from the Republic of Belarus and therefore a non EU immigrant. I was successful in bringing her over because my London based job gives me in excess of GBP26.000 a year and GBP 30.000 and more with overtime. We have a house in the north of England and I am English/British from a centuries old family.However, being the man I am I have gone and made her pregnant and the child will be British born and therefore a UK citizen from birth as it will have one British parent. The problem is accomodation. If we were to move back north my wage would most certainly slip down although it is cheaper to live there. Would she be entitled to stay in the UK regardless of that because she has a UK born child? We don't claim any benefits. She has been here since last September and her renewal date is 2017 followed by another two and half years after that. Or is it a case of my staying in London and her living in the north?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.

Dear Nicola

Thank you for your reply. I can wait for an answer and I know that it is an awkward question and despite all of my attempts, I have not been able to find an answer as it appears to be a grey area. Please continue and only abandon and return the cost if you reach a dead end.

Yours sincerely, ***** *****

Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What will your accommodating me like if you moved?
What will your earnings be if you moved?
Kind regards
Customer: replied 2 years ago.

We have a two bedroom Edwardian house which is of a reasonable size with a front garden, central heating and of a habitable standard. Depending on what job I get the salary could vary but it could start out at as little as gbp15.000 per year although that would rise to around gbp 18.000 after four years. It looks like we have a child on the way which has made the issue of going back north an important one. It may be that I must remain in London for a time where I can earn gbp28.000 and more than 30.000 with overtime. My wife will have to live in the north without me and be happy with a visit once a month. By April next year our cash savings will be around gbp16.000 which is not enough for the shortfall from the required gbp18.600 and then there will be a British born child to consider too.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
In this situation, if you need to move up north then you should do so, in the application you submit for further leave to remain as a spouse, the home office would consider the fact that you do have a child in the UK and that your salary does not meet the required amount. In this case the home office usually issue the applicant with discretionary leave to remain, as you would not meet the financial requirements.
What this would mean is that she would need to wait a further 7.5 years before being issued with indefinite leave to remain. . If you remain in London and your wife does move up north then again this could also effect the application as the home office would need to see proof of subsisting relationship and if you can not show evidence of you residing together then it would make it an issue when she does apply to extend her spouse visa. Therefore it may be better for you to keep living together and the submit an application for an extension of a spouse visa and be issued with discretionary leave to remain.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
Please provide a rating so I can get credited for my time.
Kind regards