Spouse visa "maintenance funds" please help..

[Robert86]

hello, im planning to bring my filipino wife here to the UK with me on a spouse visa.. i work full time as a care assistant it is a low income though i have no debts and i have current savings of £3000.. my wife will also have around that same amount 3-4k.. would that be sufficient enough for the visa to be approved.. would appreciate your help, thanks

[joebloggs]

you better apply asap, from April you might need to earning a minimum of anything from £18k to £25k but an exact figure has not been set yet.

you should have roughly a minimum of £103 a week, after you've paid your rent, community charge, loans .

savings will help, also you need somewhere for her to live which is not overcrowded.

[aronbabev]

hi there!!I am applying as a spouse visa too and will get TOEIC exam this Jan. 25,at "Hopkins" am kind a worried since I have granted a family visit visa but didn't used coz want to apply before April.does it affect my application for spouse on Feb.?hope not.thanks for the advice..

[joebloggs]

no it will not effect you getting a spouse visa, not using a visa is not a crime, you've paid for it so stop worrying

[aronbabev]

Thanks for the advice Sir Joe. felt relieve...

[Robert86]

thanks for the quick reply.. how can the government possibly do this? surely this is a breach of peoples human rights.. so its ok for one half of the country to get visa for their spouse, but if ur working class your screwed.. nothing but a disgrace.. how can they possibly set the threshold so high??

[grahamw48]

Quite agree Robert.

Hopefully people will challenge this under the human rights act, if the increased salary requirement does go through.

Blame the people traffickers, over-stayers, sham marriage crooks and assorted immigrants legal and illegal here on the make.

Of course there is no limit on how many offspring people can have once here, regardless of income or family circumstances. You and I just pay for the buggers. That hasn't helped the situation either.

[Terpe]

thanks for the quick reply.. how can the government possibly do this? surely this is a breach of peoples human rights.. so its ok for one half of the country to get visa for their spouse, but if ur working class your screwed.. nothing but a disgrace.. how can they possibly set the threshold so high??

Basically, everyone here agrees with those sentiments.

So far there has not been any changes to the 'requirements'.
There will be quite a few legal changes to push through and time is moving on fast.

But, just playing devil's advocate, what Human Rights would be breached?

[grahamw48]

Right to a family life ?

[Robert86]

is this just guidelines or will these new regulations come into force? nothing but a disgrace.

[stevie c]

Will this new regulation apply to those already here in the uk on spouse & Fiance visas ?

[imagine]

Human Rights, what Human Rights, they only apply to scum

[Robert86]

i was reading the migration advisory committee new guidelines, they stated that these new rules will affect two thirds of sponsors.. can they really do this, it is surely a breach of our rights.

[imagine]

here robert , this is the petition link against the govermonts new regulations from an earlier post ,
please help yourself and everyone by signing it, if you can get friends , family to sign too would be good

http://epetitions.direct.gov.uk/petitions/15349

and here is the post on the subject
http://filipinaroses.com/showthread....-this-petition

[Robert86]

ok, where is the link?

[Robert86]

thanks.. il sign that now.

[imagine]

thanks.. il sign that now.

nice one, remember to validate it when you get the email

[Robert86]

yes ive done that.. just can't believe this is happening, very upset and has added more stress.

[imagine]

dont know if it will make any difference but can nowt but try,

its not good and its totaly unfair

[Terpe]

Right to a family life ?

What family life?

To make a claim on that basis don't you need to have already a family life here in UK?

UKBA will argue that there are no barriers to enjoying a family life elsewhere.

[Terpe]

What family life?

To make a claim on that basis don't you need to have already a family life here in UK?

UKBA will argue that there are no barriers to enjoying a family life elsewhere.

Here's the relevent text.

Maybe I misunderstand something?

Human Rights Act

Article 8: Right to Respect for Private and Family Life

Family life

This element of Article 8 protects your right to respect for your close family relationships and matters relating to those relationships, for example how parents choose to discipline their children. The question of whether a relationship will fall within the ambit of ‘family life’ for the purposes of Article 8 will depend on the nature of the relationship and the existence of close personal ties. In addition to the relationship between a mother and father and between children and their parents, ‘family life’ will include unmarried couples and the relationship between an illegitimate child and either parent as well as other family relationships, for example relationships between siblings and between adopted children and adoptive parents.

The ECHR has so far been reluctant to recognise same-sex couples as families, holding that these relationships fall within the ambit of private life - not family life

Separation of family members will normally constitute an interference with the right to respect for family life, although such interference may be justified, for example where a child is taken into care for his or her own protection or where a parent is sentenced to imprisonment.

Family life can be engaged in deportation cases if the person to be deported has an established personal and family life in the UK (for example, if the person has children living and settled in the UK). However, the courts have been reluctant to find that deportation is a violation of Article 8. Where there is an alternative country in which the husband and wife or family can reside and there are no ‘insurmountable obstacles’ to moving there, or where a person could return to their country of origin and obtain entry clearance as a family member in the ordinary way without risk or excessive delay it is unlikely that the court will find that there has been a violation of Article 8.

[grahamw48]

I was just 'throwing it in' for discussion.

Come to think of it though, how could a Brit' be reasonably expected to settle in the Phils with his partner ?

For many, harder than bringing the Fiancee/wife here.

For one thing he won't be allowed to work, and will (last time I looked) have to have a fund of $75,000 to get a retirement visa.

Many of us probably WOULD prefer to disappear off over there if we COULD.

[Terpe]

I was just 'throwing it in' for discussion.

yep, same here.

[joebloggs]

What family life?

To make a claim on that basis don't you need to have already a family life here in UK?

UKBA will argue that there are no barriers to enjoying a family life elsewhere.

yes, UKBA will tell you there is nothing to stop you living in the phils.

thou, having kids might make a difference , with the right to access a child, thus defeating the whole point of the restrictions, which was to try and stop people having recourse to public funds, so people who cant meet the minimum income could have a child to get around this

[grahamw48]

One would have thought that chasing illegals about and accommodating them and asylum-seekers, court costs, appeals etc was costing rather a lot more money than the small number likely to be having recourse to public funds after entering the country with a proper visa, in a relationship, permitted to work ...

Totally nonsensical and badly thought-out, like so many government policies.

[Robert86]

I believe that the government are to introduce a new minimum income requirement for anyone sponsoring their loved one to join them in the UK.. I believe the figure is around £18-£25k a year.. surely this will exclude the majority of applicants and must be a breach of human rights..

[Iani]

I just posted about this in another thread.

Yes that is a suggestion which has been put to the government, but as far as I am aware, nothing has yet been decided (or if it has, they aren't saying).

And yes, I could see all hell breaking loose if they did this, which to me would make me logically think they will hold back - at least for now - until the consequences could be predicted.

And yes, it's probably against a European law. Barring someone because a relationship might be bogus is one thing, barring someone because of their earning capacity is a different kettle of kippers, but guess we'll just have to see huh.

[Robert86]

Graham i totally agree with your statement.. we can just hope and pray they do not go ahead with it..

[Robert86]

hi there Ian.. we can just hope and pray this does not go ahead..

[lastlid]

I think that what they will do is ratchett up the changes slowly in small steps. Trickle in the new requirements. And if so, those that are applying soon after April comes about, hopefully might not feel the full brunt of the final objective.