Last week, it was reported that a Filipino national who is 7 months pregnant with her British husband may be forced apart, resulting in her husband missing the birth of their first child. The Filipino national had applied for Entry Clearance as a spouse of a British National, however, the application was refused on the basis that the couple did not meet the Home Office’s complex financial maintenance requirements.
British National Fails to Meet Financial Requirement
Ian Wooton is a football coach based in Bromley and is expecting his first child with Filipino national, Sunshine. Sunshine, who is due to give birth in a couple of months, already has an 18 month old son from a previous relationship and was looking to join her husband in the UK. As Sunshine has one dependent child, Mr Wooton is required to show that he earns £22,400 annually or has savings of £72,000, under the Immigration Rules. Mr Wooton expressed that he meets other requirements such as owning the property which he plans to reside in with his wife and children. Furthermore, he stated that he has £20,000 in savings. Therefore, Mr Wooton is adamant that he and his young family would have no recourse to public funds. He stated:
“I never ask for help financially; I always pay my bills. Yes, I am on a low income, but I do not have credit card debts and I work in a job which brings benefit to the community. Yet, you could have someone who is earning more than me who is not financially stable, who would not be subject to these same rules. I mean, what ordinary person just has £72,000 in their savings? It’s impossible.”
The Home Office refuses to comment on individual cases but assured that the UK Immigration Rules are in place so that ‘migration does not become a burden on the rest of the public’. It is understandable that the UK Home Office has tax payer’s best interest in mind when deciding immigration cases. However, it is disappointing when families are kept apart when they clearly demonstrate that they are in a genuine subsisting relationship and are able to maintain themselves but fail to meet the stringent UK Immigration Rules.
Immigration Advice for UK Entry Clearance Spouse Visa
The UK Spouse visa is for non-EEA nationals who want to join their partner in the UK who is a British citizen or a person who is settled in the UK. If you are based outside the UK you are required to make an entry clearance application, which our expert immigration Solicitors have a 100% success rate in. The Home Office has set out the requirements for family members in Appendix FM. In order to be eligible for entry clearance in the UK as a spouse, you must meet three mandatory requirements (relationship, English language and financial requirement).
If you want advise on whether you meet the above requirements we can arrange for you to have a consultation with our city of London Solicitors. During the consultation the UK Solicitors will carry out a detailed assessment of your immigration history and current circumstances in order to declare if you are eligible for an entry clearance Spouse visa.
Furthermore, if you do not meet the requirements of the Home Office we will look at other visa routes that are better suited to you.
Are you Eligible for a UK Spouse Visa under the Immigration Rules?
Our team of experienced and professionally qualified immigration solicitors and barristers will be able to go through the Home Office’s requirements with you. As well as, the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law.
Contact us so that we can review your case and provide you with an assessment.