Extension visa - what do they consider? In a pickle!

Hiya!!

Long story short we invested all our savings used for our first visa in property and have been renovating and not earning. I start work in two weeks but my hubbie (the american) hasnt got a job yet and may not meet the 6 month in employment threshold.

We have nothing in the bank but own property now and one has just rented. We are literally just getting back on our feet and of course we havent claimed a thing.

Will they take this into consideration or are we up sh*t creek without a paddle?
We have a daughter....whether that helps.

We were really hoping to take the 5 year route for ILR.

Thanks!!!

Does your rental income meet the financial requirement of £18,600 per year.

If not, it's going to be a tough battle.  You'll first apply for FLR(M) and then have to wait for the refusal.  You'll then need to appeal and have the application considered under the 10 year route.

Yes, having a child will make him eligible for the 10 year path (that's the only thing it helps with).

When does his visa expire?  I would strongly recommend making sure you can meet the financial requirement as the 10 year path is very long and very expensive.

Hiya,

Thanks for the reply. No it doesnt meet the financial requirement. He entered the UK middle of sept so really we need to be meeting that requirement by then dont we else we are going to have to hit ten years. Well really it should be earlier as I think it takes 8 weeks to process unless we do priority and its 10 days.

What a blunder on out parts!

Thank you!

If he entered the UK mid September 2014 then he won't qualify to apply for FLR(M) until 28 days before mid-March 2017... So that gives you 7 months to meet the requirements.

Also, you have until his visa expires to apply - as long as the application has been made before the expiry date, that's not a problem.


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Looking at your previous posts, his spousal visa was approved in Sept 2014?

So that means it won't expire until June 2017. So you have until June 2017 to meet the requirements.

That's 10 months... So no need to panic just yet .


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I dont have him to hand at the minute as hes visiting family but I will double check when I can get hold of him. The visa was approved a week before he entered the UK I think and he entered on the 14th. So I am assuming it runs out March 14th 2017. I may be wrong on that one too!

Im hoping with the rental income now coming in and the fact I start on the 15th August I can meet it alone. But im self employed and in childcare so really its how many parents sign up for the September term. At present the interest ive had I can scrape the 1550 a month but with childcare it seems there are no guarantees!

I really appreciate everyones help here.

The visa will be valid for 2 years and 9 months from the date it was issued... to give 3 months leeway to enter the UK.

Looking at your old posts, his visa was approved on Sept 10th 2014 so it should be valid until June 10th 2017. If he entered on Sept 14th, he can apply any time between 14th Feb and 10th June 2017.


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Thank you for looking at my old posts and finding this info and thank goodness we now have plenty of time. PHEW!!!

Massive thanks

But im self employed and in childcare so really its how many parents sign up for the September term. At present the interest ive had I can scrape the 1550 a month but with childcare it seems there are no guarantees!

I'm no expert in the self employed categories but I do know that they are much harder to prove than the other methods.

I think that you have to provide evidence for the whole financial year so that may not be an option for you this time around. Maybe ksand can clarify?

That's a good point. For self-employment, they will only count the full financial year from April 2016 to April 2017... And will only consider income from that period (even if it's your husband's income or rent).

So, if your husband can get a job that will meet the salaried employment requirement, that might be your best option, so you don't have to use any of
your self-employment income.


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Glad you guys have a few extra months.  Tell him to get a job ASAP.  Even if it's not a job in a field he wants - he just needs something to meet the requirement.  Try to avoid having to use self-employment if you can help it (just a lot of paperwork and they'll only consider income from April 6, 2016 to April 5, 2017).

Remember you'll be able to use your rental income as well.  So if your rental has £10,000 in rent each year, you only need £8,600 in combined earnings.

Yes, having a child will make him eligible for the 10 year path (that's the only thing it helps with).

Only if his child is a British citizen will it be made easier to get the 10 year family path to ILR. I'm guessing they are? But I thought I would add that in case they aren't.

If you can't make the financial requirement to sponsor and your spouse if offered the 10 year family route, he can switch back to the spouse visa when you can sponsor him, but his 5 years to ILR clock will start again with that visa. Not a cheap way to do it.

Self employed sponsorship, as pointed out, has very strict rules and a tax year is needed. It might be easier if one or both of you, do PAYE jobs. You can do more than one job each and all your and his salaries will count.
If you are claiming the benefit Child Tax Credits, then you will need to keep them up to date with your new expected earnings, to avoid an overpayment.

Oh the plot thickens.

I am going to tell him he needs to get a job asap! Hes not bothered what he does to be honest. Hes no work snob. Hes just in the states at the minute so as soon as he comes back i will help him. Thank god we have a little bit of extra time!

Our child is british born but i was told , by the tax office, we couldnt claim child tax credit because of my husbands status. There was a lot of debate on a thread on here but to be honest i gave up because it seemed too much hassle. Groan.

Im guessing we can use savings too but do they have a six month on the bank rule? We are going to put away everything we earn basically from this point forwards. If the six month thing applies i bet thats a worthless thing anyway.

Thank you for being so thorough.

Im guessing we can use savings too but do they have a six month on the bank rule? We are going to put away everything we earn basically from this point forwards. If the six month thing applies i bet thats a worthless thing anyway.

Only savings over 16,000gbp that have been held for at least 6 months can be counted.

You can use savings, but you need A LOT of savings and they must have been in your account in full for at least 6 months.

The first £16,000 of savings cannot be counted and then on top of that, you need 2.5 times the difference between your income and £18,600.

So say you had a total income of £15,000, you would also need in savings:

£16,000 + (2.5 x £3,600) = £25,000


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