Advisory: New maintenance rules for spouses

I'd really be amazed if they expected people to have 27 months of living expenses saved in the bank. I THINK all they're doing is clarifying how much you would need in savings if you didn't have any income at all - there was a court ruling a few months ago saying that, if a couple is relying on savings, they need to prove savings for the entire length of the visa - so 27 months. But if you're earning over the income support level, that's irrelevant. That's my layman's reading of it all, anyway.

That would certainly make more sense.

Well, I guess I'm not feeling as reassured as I was a couple of days ago. Neither of us has a job in the UK, so initially, our income will be zero. Using the the basic assistance amounts as a guide, we have about 50 weeks of savings. My husband plans to go ahead of my daughter and me to look for work, and we hoped to come after two or three months. We thought we could shorten our time apart by not waiting to apply until he actually HAS a job, given that we can live with his parents free of rent and council tax. Fifty weeks seems like more than enough time for one or both of us to become employed, but it doesn't sound like the UKBA sees it that way. What I hoped to see were recently approved applications where the couple had no job in the UK, at least 6 months of savings, but nowhere near 27 months. Any takers?  Thanks for listening.

Sorry MtnFamily, I doubt you're going to get anyone like that as these new rules are only from the end of September. If you are staying with family, could you get them to do 3rd party support?

Well, I guess I'm not feeling as reassured as I was a couple of days ago. Neither of us has a job in the UK, so initially, our income will be zero. Using the the basic assistance amounts as a guide, we have about 50 weeks of savings. My husband plans to go ahead of my daughter and me to look for work, and we hoped to come after two or three months. We thought we could shorten our time apart by not waiting to apply until he actually HAS a job, given that we can live with his parents free of rent and council tax. Fifty weeks seems like more than enough time for one or both of us to become employed, but it doesn't sound like the UKBA sees it that way. What I hoped to see were recently approved applications where the couple had no job in the UK, at least 6 months of savings, but nowhere near 27 months. Any takers?   Thanks for listening.

Mtnfamily,

You must have been reading my mind because this is the EXACT same problem we have. We may move over sometime next year but I am self employed, wife is part time, we have two kids, some savings and are figuring out do I move over ahead of them, stay with my sister and have her sponsor me and apply for a visa based on 3rd party support or do I move over, stay with my sister, get a job and then do the visa based on my income and savings. I don't know what to do first. I think it would be better to already have a job.

It comes down to a balance of probabilities. Will the visa application be looked at more favourably with a job and savings or 3rd party support and savings?

It might be possible to combine all three, a job, 3rd party support and savings which makes for a stronger application.

Let me know what you decide to do.

I have a question about the new maintenance rules.  By the time I apply for my spouse visa I will have stayed with my fiance for just under 6 months.  The landlord has agreed to write a letter stating that fact.  We will not have any savings really when we apply, however, my husband does have a job and we do meet the maintenance requirements.  With that being said will we be denied because we don't have a savings equal to what it would cost for us to live for 27 months or is his job sufficient?

Thank you!

Liz

This question has been asked a few times recently.  I'm pretty sure that the UKBA website says you need to be able to support yourselves for the length of the visa, not that you need 27 months of savings.  So having a job would be fine.  If neither of you had a job, then there is the implication that you would need 27 months of savings.

Great Thank you!  Where can I find the maintenance guidelines? 

I may be entirely wrong here, but I THINK ECOs can still take into account a couple's potential earnings once in the UK - it's one of the things the government is trying to get rid of, but for now I think they still have that discretion.

I sure hope so.  My return ticket to the states isn't until Feb. we are planning on getting married at that time and applying for my visa on the same trip.  We can go sooner if need be.  I just don't want the laws to change that dramatically before I can apply for my visa.  Any advice would be greatly appreciated.  Thanks everyone!

I may be entirely wrong here, but I THINK ECOs can still take into account a couple's potential earnings once in the UK - it's one of the things the government is trying to get rid of, but for now I think they still have that discretion.

I think this is true.  If you look carefully through here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/

Great Thank you!  Where can I find the maintenance guidelines? 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/maintenance/

Right on the UKBA pages for spouses.  I'm surprised you hadn't found it - you should look through these pages.