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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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PARENT / SPOUSE visa: I am UK citizen resident in UK,

Customer Question

PARENT / SPOUSE visa: I am UK citizen resident in UK, officially married to my Russian citizen wife and who is currently in the UK on a 6 month family visit visa with our 2 UK citizen kids (NB: 4 and 1 years old) who have dual nationality (Russia & UK). My wife has an "edexcel" ESOL level 1 exam pass dated June 2014. I live in a house with 2 double bedrooms and a living room and 2 bathroom/showers which I understand meets the habitation requirements. I also have £25,000 in savings (which I understand do not count for self employed people, but all the same). As a registered self employed person I earned: £29,641 - as per 2013-2014 [profit] - SA302 received £13,197 - as per 2014-2015 [profit] - SA302 not yet submitted ============= = £21,419 average over the 2 years (i.e. over £18,600) We want to be able live in the UK so our son can go to school as required by law and we hope to make a Spouse Visa application this June / July. The problem is that Home Office keep tweaking the immigration rules e.g. about ESOL, the number of rooms in the habitation, the Financial requirements etc.. I am now looking at the options of applying now, or perhaps in 2015/2016 and need to know: 1. Am I allowed to average my SA302s in the past 2 years to show I exceed £18,600 income level or must I submit a SA302 *only* for the last year i.e. the one ending April 4th 2015? 2. The reason I earned less in 2014/2015 is because I was taking care of the family due to our baby daughter’s medical condition which resulted in a major operation in London last May 2014 - which I can prove this with a letter from the surgeon explaining as well that our daughter needs medical help until she is 20 years old. 3. If I were to be paid not through a bank account but in cash, what level of paperwork is needed to satisfy the evidential requirements to be able to count that towards my income for the purposes of the Home Office’s £18,600 requirement? 4. Is it possible to count as income, the rent received from a lodger? Or, if I rent out my home and live in a different place, can I count as income the rent received from a tenant? What sort of paperwork is needed to satisfy the evidential requirements? 5. Is my wife's ESOL level 1 exam going to be valid if we apply in June/July? We heard rumours they were going to rescind validity of some exams. 6. As my flat has 2 bedrooms, 2 shower/WCs and 1 large living room am I right in thinking that I meet the requirements of the Housing Act, because living rooms and bedrooms count as places for people to sleep? 7. If, for whatever reason, the Home Office refuse the Spouse visa, does her status as a Parent of little UK citizens count for anything? In other words, do our kids have any rights to live in the UK with both their mother and father, or can UKBA say “kids, you can live your father only, the mother can live in Russia”? if so, my wife would be living in one of the remotest parts of Siberia (NB: also the murder capital), so is there any basis to argue that a refusal by Home Office to grant a visa to my wife is an infringement of a UK baby citizen’s human right to a family life? I think Question 7 is perhaps a bit complicated, but your answers to 1-6 would be much appreciated. Thank you! Robert XXX

Submitted: 2 years ago.
Category: 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!
Expert:  Nicola-mod replied 2 years ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Expert:  Nicola-mod replied 2 years ago.
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Customer: replied 2 years ago.

Dear Nicola,

Thanks for trying to move this forwards

Can we please cancel the JustAnswer question?

I can see this is perhaps too difficult, we also have decided to move in another direction because of the lack of clarity on the issues from Home Office themselves

Many thanks and please confirm