Need to get spouse visa for UK quick!

[tripdee]

Hello!
I need some advice.

My wife (married on 28/1/08) is 6 months pregnant - we want her to give birth in UK. This means that we will have to leave here (Manila) in the next 2 - 3 weeks, otherwise she will not get permission to fly.

We have both been living and working in China, where we met. We gave up our jobs there to get married and to go to the UK, however, how can I prove that I can support her in the UK? I have no job to go to when I get home (I am pretty confident that I can get a job ASAP, and my family is more than willing to help out until I do).

We have to wait 2 weeks for the NSO marriage certificate, but I have been informed to proceed with the visa application anyway.

My wife visitted the UK with me in the summer - so she has been accepted for a tourist visa (issued by the UK Embassy in China), which I guess will be in her favour.

Any advice (or reassurance!) from anyone out there?

[ginapeterb]

Well the 1st thing to do, is go to the municipal registry in the district where you married and obtain a shortened form of SECPA this is NSO Security papers showing the your marriage entry in the register of marriages, even though ou may not have your NSO Marriage contract, you may still be still apply for SECPA.

Once having done this, you will need to have a good bank balance on your bank statements, showing your last 6 months income, you will need to prove to the ECO that you can support your wife in the UK when resident and that your will not be the subject of a public funds request on returning into the UK.

If you have worked in China, its unlikely that you would qualify for public funds in any event, however there is an unwritten rule that if your wife gets into distress, she may make an emergency application for public funds, this is what the government is not keen for you to know.

Hence the need to prove you must be able to support your wife without recourse to public funds.

In any event, why the rush back to UK ? your child does not have to be born in the UK just because you are worried about British Nationality, the fact is, if your child is born in the Philippines, you simply go along with your wife to the British Embassy Consular section and apply to register your child as a British Citizen, which by the way regardless of marriage is the right of all Fathers under the BRITISH NATIONALITY ACT which was amended last year.

If its the matter of the pregnancy and flying, suggest your submit your application following the procedures asap, and explain the urgency to the UKVACS centre in Makati, as you are in the Philippines now, at least you can go around and organize your paperwork on site, and get your application in asap.

Bank statements will be the key to your application being successful, you could also show that you are a professional person, and that you intend to take up employment on your return, i.e. networking with your former employers, or similar.

All I can give you in the form of reassurance is to say, don't be unduly worried and just get on with it, there is no reason why you cannot receive a visa for your wife to settle in UK.

The only thing I would say to you, is that if you are overdrawn at the bank or your bank statements don't show a healthy outlook, don't bother applying and wasting a P50,000 fee, thats my advice.

[LadyJ]

You can't tell when the result will arrive to you after you have submitted the application, the spouse visa processing can take up to 3 months.

Another problem is you have no job in the UK? How long you have been away from UK? DO you have any savings?

Your parents can be the co-sponsor they must show evidence that they have accomodation for both you and your wife and some funds available if you needed incase you'll have a financial problem but your wife's chance of getting a visa seems a bit low.

If you prepare her supporting documents properly and gives more time of applying a visa you might save £500 for settlement visa.

Im sure other members will give you advice.

[joebloggs]

3rd party Financial support is a very grey area for a spouse visa, your parents can help you with accommendation, as long as its not over crowded.. but support money wise, it could be a problem, due to a recent ruling..


http://www.freepressreleases.co.uk/Press_Releases/Legal_and_Law/UK_immigration:_Changes_To_Rules_For_Third_Party_Support_200709057365/


but i'm not sure if all case workers, know of the ruling, or they are acting on thier own discretion. so you might get away with it. :xxgrinning--00xx3:

[tripdee]

Hi, thanks for the advice so far. I forgot to mention that I own a property - does this change things with regards to the job and financial situation (ie no savings)?

[ginapeterb]

Having a property only goes to show you can provide your wife with somewhere to live, but you indicate having no savings ? is this true ? if so, you will not be able to prove you can support your wife in the UK, be careful with this, if you cannot show a means of support, you may find your spouse visa for your wife is declined.

You must have a regular income to support your wife and unborn child in the UK, and technically you must be presently settled in the UK, it also appears that you may not meet the residency requirements, and if that is the case, you might also have a problem there.

3rd party financial support is not valid for sponsors of visa applicants, no matter what others say, the rules are clear, the sponsor must be able to support the applicant without recourse to public funds.

Best of Luck, and I hope it works out for you.

You could always wait 6 months, get yourself back to UK, take a job, have 3 months pay statements, and then let your wife re-apply showing your new pay slips and evidence of your home ownership.

I guarantee your application will 99 per cent be accepted, and your wife will join you shortly, 6 months is not a long time, its a blip actually, (dont worry i am not asking you to do something I have not done myself) in fact its exactly what I had to do.

You can then apply for your wife and new born baby to join you, they will be 99 per cent given a visa to come to UK.

But then again....we give advice,...its not always taken...

Its your life...take care.

[joebloggs]

everything you need to know is here, read it and you will know what you need to prove about employment,savings and accommodation.

immigration rules and guidence from the IND web site..

http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1036517843636



"Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s / proposed civil partners who are not permitted to work until the marriage / civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK"

with the case i mentioned before and what i've put in bold above, you can see this is a grey area, as it was at the discretion of the case worker. so like pete says better save up some money and find a job, and not take the risk :NoNo: of using your family for financial support

[LadyJ]

You could always wait 6 months, get yourself back to UK, take a job, have 3 months pay statements, and then let your wife re-apply showing your new pay slips and evidence of your home ownership.

I agree with Peter :xxgrinning--00xx3:

We all know that is hard to be away from our love one but this is not forever. Peter's advice can saves you time and money for applying a visa, if you give all the required documents the early your wife can arrive in UK.

But as Peter said, we only give advice and it's up to you.

Goodluck! and Congratulations to your coming addition!:Hellooo: