Spousal Visa question

Hi,

I am a dual Irish/UK citizen married to an American citizen. We wed about 4 months ago in the US, and have been seperated since then, she stayed in America and i returned to the UK.

We were planning on applying for her UK spouse visa soon, but i have been accepted onto a degree course that i have always wanted to do, so i will be a student come September time.

My question is, is it still possible to have her UK spouse visa approved even though i am a student with no monthly income other than savings and my student loan? As far as accommodation goes, we would initially be staying with my parents.

If it is not possible i will have to notify the University that i can't accept the place.

Thanks for any help! 

Can you apply before the course starts using your current income situation (if it's better, that is)?  Does she have a good chance of becoming employed once she is here?  Since it is a spousal visa she will be able to work as soon as she gets here.  She could probably look for work and apply from the US and possibly even get a job offer before she is here, that might help.  I don't know anything at all about having income coming from a loan, but I would think it would be possible if the income was enough to cover expenses and still have enough left over.  (There is a specific amount that has been suggested, but it is controversial so I am hesitant to post it.)  The home office doesn't always do things that are "fair" but it seems unreasonable to me for them to not allow someone to attend university.  I'm not sure at all on this though.  My advice would be to try to get the application done before the course starts and apply based on your current situation.

Hi Leisa,

Thanks for the quick reply. I was made redundant 2 weeks ago, so i don't think it would be a good idea to apply under my current circumstances ie.  no monthly income, although i do have savings. Being made redundant was one of the main reasons in me taking up a degree course.

As far as my wifes employment prospects, she is well qualified with a masters degree in marketing and experience, so i would assume she has a good chance of gaining employment quickly once she arrives.

Thanks again for the help

If you're a dual citizen and you hold an ROI passport you might want to look into going the EEA route since there is no fee for applying (as opposed to £585 for a spousal or fiancee visa) and really no maintenance rules either since all you have to prove is that you wont be a BURDEN to public funds rather than NOT ACCESSING public funds, very easy to get: http://www.medivisas.com/irish-nationals-eea.asp and http://www.ukba.homeoffice.gov.uk/eucitizens/rightsandresponsibilites/. The bonus here is that she can come as a visitor and apply for the EEA2.

Here's a recent thread on the EEA process: http://talk.uk-yankee.com/index.php?topic=52368.0 and http://talk.uk-yankee.com/index.php?topic=52988.0.

Hope that helps.

Hi,

That's great news, i wasn't aware of the EEA family permit. After doing some reading through the links you gave me, it appears that i will be exercising my treaty rights by studying at university, so surely they can't refuse me? Aslong as i have bank statements showing my savings etc

Also, i did read that sometimes the ECO's apply the UK Spouse visa financial requirements to the EEA family permit applications, when they shouldn't be. Is this a grounds for appeal if they reject me on that basis?

Sorry for all of the questions and thanks again for the help!

As you learned by reading through that material, as an EEA citizen the UK you have more rights than a UK Citizen when it comes to having your spouse in the UK. Sad but true.

Yes, i noticed that! I was quite shocked, how can they get away with that? It's not fair on British citizens.