Quote Originally Posted by Slip View Post
Are the requirements the same as when I got Harlene here on a spouse visa?
Reason I ask is I am about to move home and be unemployed for a while (hopefully not too long) Harlene has been here since November 2014. So not to sure when, but I'm guessing by the start of next year we have to start preparing for her application.

So I am hoping that someone here can point me in the right direction for requirements for further leave to remain. Harlene is worried if my new job doesn't meet the salary expectations they will send her home. Surely they can't when we have a child here.
Hiya Slip,

Not to frighten you but technically they can deport your wife if you or her seperately or jointly don't meet the income requirements but here is the good news...

The probability of that happening in my opinion and cases which I have studied is virtually zilch as in the fact you have a child together who is a British Citizen.

Under Article 8 of the a European Convention of Human Rights which gives a right to respect a persons private and family life which has to be considered if and this is a big if your wife's curtailment is cut short regarding failure to secure FLR.

Basically it means "The best interests of the child comes foremost in any decision before a possible tribunal and as the child is a British Citizen the law is on your side as no British Citizen can be deported and no judge in my opinion would separate a child from its loving mother.

Remember we are still part of the EU for the next couple of years at least so it's in your favour.

The probable worst case scenario would be your wife is put on the 10 year route to full settlement (ILR) which is more expensive in the long run but for a little peace of mind that is nothing considering what you both have together.

Please get advice if needs be, I can say that they will say the same thing as me, hope I have put your mind to rest a little...

Take care...