I am British, and marrying in summer. Wife to be is non EU European, although lived in the UK for years (where we met) with leave to remain that is now passed. Her English is as good as anyone here - and she has interpreted (for free) when the Border Agency had no translators for an incoming flight she was on - so there are no issues with English.

Currently my income is close to nothing, as anything coming in has been used to reduce mortgages on properties I rent out, although could be rearranged to provide perhaps 20K income and still pay interest and a little towards capital repayment.

Is there a site with info on this, or is anyone aware of any criteria that will have to be fulfilled?

Cheers

Hello Bang!, welcome to the CAG.

Enjoy your visit, but take some time to look around the forum and understand where everything is.

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

Thanks - I could not really see anything that fitted well.

I was about to offer to post a picture of her in a bikini if someone replied - and threaten to post two pictures of her in a bikini if no one replied!

I think the problem is that immigration is a very specialised field, and it can be a minefield. I take it you have looked at any information published by the Immigration Service?

Perhaps an appointment with CAB would be appropriate.

Thanks.

Nothing seems definitive. Even when here previously they were issuing visas that did not comply with their own rules.

Checked CAB files, as I was the press secretary of a large CAB, and occasionally managed a sub bureau.

The tories were talking of a 35K income being required to bring a partner in - and if that was the case - then I can return abroad and live in a country with a lower price of living, on the 20K which between us would be tax free given the 10% "expenses write off" on rental income.

However, I really like the idea of returning to the UK for a few years at least before going overseas again.

You say that she has already got leave to remain ?

So was she previously married to a British Citizen ?

How long is it since she was here ?

In the past 2 years,criteria as you probably know has been reformed,and as you rightly say,there was some talk of a fixed income being brought into play,but I dont think this is yet set in stone.

The biggest single refusal points are made in consideration of a failure to demonstrate that you can support your fiance/spouse without the need for recourse to any public funds.

If you could let me know which country your partner is living in,I may be able to point you in the right direction,as I am quite familiar with this area.

And so ?????

O.K. no recourse to Public Funds could be an issue here, where is her country of residence (Passport issued)? you would have to show an income to maintain her initially (NEVER make a statement that she could work here in any application.)

More info on the Leave To Remain needed here.

Where did you get 35K figure.?

We would need proper info to get the picture, I have seen over many years stories of some incorrect info given, so please be as helpful as you can so people Like myself who have been through the Mill can try to advise where we can.

He said that leave to remain had expired.

The other frequent reasons ECO's will cite as a refusal of entry clearance,is that they are not satisfied that the applicant has good home ties or else may not return.

This is why they have always sought to encourage the marriage/spouse visa which are very expensive and only allow 6 months for a marriage in the UK to take place.

There is European laws which assist an application for a European subject to marry a non European and if they have lived together /remained married for a period (I think is 12 months but am not 100%)

The Foreign spouse can be allowed EC if they have a job to go to.

Of course this is still subject to the EC criteria from the UK in respect of ability to maintain with no recourse to public funds.

I am going through the application process for Indefinate Leave to remain with Mrs Phaitun next week-

You have to show that you have known each other for 2 years, Photos, correspondence etc - evidence that you are legally married or intend to marry, therefore a marriage certificate or written confirmation of a planned ceremony in UK should suffice.

Money in bank or good assetts are accepted, they do ask for 12 months wage slips, however audited accounts should be fine if you recieve income from properties

12 months bank statements showing you can support your wife financially.

details of where you will live, rented, owned etc

details of any other income i.e from family, they may accept a guarantor as proof of non reliance on public funds

take out a private health insurance for your wife

Spouse Visa initially gives entry for 2 years as a spouse but can work in the UK, if your future wife has a job to go to this helps the application process.- you have to pay the visa fees for initial spouse visa, after the 2 years youthen have to apply for settlement - Indefinate Leave to Remain another set of fees.

During the first 2 years your wife will have to pass either the life in uk test or an ESOL Course and language test prior to applying for ILR, i beleive that all visitors and visa applicants now have to do a basic test at their country of residence also due to a change recently.

check out UKBA website there is a lot of information there as the rules change regularly.

Basically the Entry Clearance Officers are only concerned with a number of things when assesing the application

1. there will be no drain on public funds

2. you can support your wife financially or she gets a job to support herself and you

3. your residence is suitable for you both and any dependants

4. your wife has no convictions or other judgements in her country

5. there is a history of the realtionship prior to the visa application

there may be more needed but this is what i can remember.

Get ALL of your documentary evidence and photographs together in an indexed and ordered file and submit it via registered checking service in your wifes country. the more evidence the better.

Good luck

ILR requires more substantive submissions of supporting docs I know this as have been there.

If the marriage was in the UK they will want to see much more with her name on linked to the matrimonial home for example doctors letters,bank account statements etc.

Many people I know immediately set about getting joint names on electricity accounts etc after the wedding.

It can be a problem with phone and internet providers since they will say that it needs a new agreement-of course designed to make you pay admin fees but even worse sign a new contract.

The last time I was aware,the requirement was something to the order of 12 different docs which show a mix of name and address.

There is criteria which says it should include x number of 1 and x of the other.

Although doing it in person at a regional centre costs more,it is worth doing as you will find out instantly what they need further if there is a problem.

Hi - sorry and thanks - I never really kept up with my own post, but did speak via messages about it.

I will try popping in to see them at the local office, then write to confirm what was said.

Overall everything seems rather vague.

She has passed English courses already - albeit years ago, and does translations to/from English for the legal dept of her company, so probably better English than many in the UK.

The type of thing that annoys me is jumping through hoops for political exercises. I would not like her to do the UK life test, as its over patronising. Did you see the original version that had wrong answers in it, and the professor who compiled it claimed he had done it quickly as the real issue was that the test was put in place quickly. What a to**er!

Would it be easier to marry and stay abroad for a while, then come in as an EU citizen? Although that obviously depends on the law in the other country - but Schengen states seem far more flexible than the current right wing "little englander" regime.

I know some UK citz who could not even get 50% of the answers right I asked them to try it.

Schengen states have traditionally been favoured by many,but the UK has always chosen not to give it any significance as far as applying here after is concerned.

In fact it has sometimes been viewed as a negative when ECOs have looked it as an attempt to show some legitmacy here-when in fact it has none.

Germany Italy and France have all attracted many using the Schengen route as a means to travel outside FSU and other countries,but there have been some problems in the last couple of years as immigration has become a political issue for these countries-for example we have seen it in France.

Even in the CTA with a de facto border free Ireland, there are easier criteria to enter.

A couple of years ago I called Irish immigration, and asked if there would be any problems getting a train to Dublin from Belfast. The lady on the phone advised a visa would be required. I asked who in the station could stamp it upon arrival, and she replied "just don't bother getting one, but tell her not to start any riots or anything while she's here".

However, I noticed Ireland now accept UK issued visas for visits, so presumably you can now riot at will! :D:D

lol a sobering thought.

It pretty much makes a mockery of the entire system. There was a similar one on UK TV where they interviewed airport border agency staff, and initially presumed one to be exercising his sense of humour while claiming he always tried to prevent entry to Turks with tassels on their shoes.

We can sleep safely at night free from the fear of Turkish tassel injuries. :D:D

This is a handy reference.

http://www.bia.homeoffice.gov.uk/policyandlaw/guidance/ecg/index/e-k/

Thanks. To be honest - I let her read the criteria now, as she has had easily over 20 visas against my half dozen or so.

Hi, my question is this, if you have your income at next to nothing at the moment but at a whim you can prove an income of £20k why are you living on an income of nothing? I understand your saying that this is to reduce morgage debt, but surly then you do have an income and not nothing. I don't want to point fingers or make accusations but are you claiming benefits and is this why your income is nothing? If this is correct and from reading what you put I feel confident this is the case why are you abusing the system?

Do you see my problem? The border agency and tax man are going to ask the same questions. You claim to have no to little income and yet can also claim to have an income of £20k.

Make no mistake-no one will be able to get around the new upper limits who try to find loopholes since its going to be watertight.

In addition to wanting to see 3 months bank statements,they will also want to see HMRC docs.

The new threshold will be salary/savings and the previous scope for allowing a relative to contribute as a sponsor has been removed.