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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Son, Nick, is married to an Australian. They live in Auckland

Customer Question

My Son, Nick, is married to an Australian. They live in Auckland and have three children under the age of 6. Nick and the three children all have UK passports. They are applying for a spouse visa for Trudy, his wife, and have paid up front £900 with their application.
We have kept £14 000 pounds here for them - a legacy. They are wanting to come to live in the UK to be around my wife and I.....Grandparents who are mortgage free and own a four bedroomed house so can easily accomodate them for as long as they need.
Nick earns an equivalent of £35 000 as a Logistics Expert.
Do they meet the requirements based on our son's salary and cash savings?
Do they need the cash in an account in their name?
When is the best time for them to apply for a spouse's visa?
Do they need to have the cash in their account for 6 months or more?
They applied before they knew anything about the suggestion of A SIX MONTH is it best for them to withdraw their application - get their £900 back and apply at another time?
When do you suggest?
My wife and I can support Nick and his family here in the UK for as long as it takes for him to find a job here in Rugby, Warwickshire.
Kind regards,
Mick Bell
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Is Nick currently working in NZ and if yes, for how long has he been working for?
Customer: replied 3 years ago.

Yes he is working in Auckland for a firm called TEGEL as a Logistics Expert. He has worked there for two and one half years. Before that he has worked in Auckland since 2003/4 for three other Logistics Firms. Whilst working for one of the Firms he studied and gained a Diploma in Marine and Customs Law and was adjudged the outstanding student for his particular group.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.
He would need to have a minimum income of £18600 which he can show, no extra income for the children as they have UK passports.
He also needs to show that he has a job offer in the UK to start within 3 months of them arriving in the UK with a minimum salary of £18600.
If he hasn't shown a job offer in the UK as above, he may wish to withdraw the application until he receives a job offer.
Hope this helps
Customer: replied 3 years ago.

Your answer has confused me. My son is British and has only been out of the Country about ten years. He is applying for a Spouse Visa for his wife. He has money as I described and the family can stay in our house until he gets a job here in the Midlands....we are his Guarantors. He has emailed to say that he has been told by an advisor in the Immigration Dept, subject to confirmation, that they can apply now even though he has not got a job!! Nick, my son, does have dual citizenship. Please clarify as I am confused!!

Expert:  UKSolicitorJA replied 3 years ago.
As Nick has been living overseas and is returning to the UK with his spouse, he needs to show a verifiable job offer or a signed employment contract to start working in the UK within 3 months of his return.

See page 20 of this document:

I hope this clarifies.
Customer: replied 3 years ago.

Trudy, Nick's wife, is NOT GOING TO WORK .....she will remain at home to look after their three children. The Link you put me on to quote's 'the applicant's partner' employment.....she is not going to work...only her husband, Nick.

Customer: replied 3 years ago.

Reading through the link you sent me......what you referred to refers to the Applicant's (Nick i.e.) partner...i.e. Trudy. as she is not going to work this job offer does not apply?

Expert:  UKSolicitorJA replied 3 years ago.
She does not need to work, Nick needs to work I am afraid.

Please leave feedback as your question has been answered.
Customer: replied 3 years ago.

Yes, I know he needs to work but he has been told that because he will be staying with us for as many weeks as needed before he gets a job....he is OK to apply.

There appears to be a conflict between what you have found and what has been said. Who do you believe? What shall I recommend Nick does?

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid I have already advised you on the requirements of the immigration rules as far as a job offer in the UK is concerned.

I cannot comment on what other advice you have received from someone else. Nick should try and get a job offer in the UK for the spouse visa to succeed.

Hope this clarifies.