Due to the complex circumstances of the case, we would be able to advise you in full if you contact us directly at email@example.com
The 12 months is the direct 12 months preceding the date of application. For example: If you apply in June 2019, it would be June 2018 to June 2019.
There is no set time that he should be in his new job for due to the fact that any period under 6 months you will still need to show his new employment and the fact he met the financial requirement in the 12 months preceding the application.
Your parents would need to submit evidence of their income, outgoings and current financial situation when applying for a visit visa, even if you are sponsoring them financially.
Visit visas are routinely refused if the applicants financial situation is not documented correctly.
In regards to them being paid in cash, they would need to provide evidence that this is the case, this could be in the form of a letter from the relevant authority.
To be eligible for an EEA family permit as the dependent parent of an EEA national you must be able to provide evidence that your parents are financially dependent on you and that you can afford to support both yourself and your parents.
For example, if your parents receive a pension, you must be able to show that their pension covers part of their monthly outgoings and the money you send them directly contributes toward their monthly outgoings.
The wording in the rules you have mentioned is usually in regards to funding from a scholarship agency in your home country. It doesn't mean any funding award you received from the University you attended in the UK.
If you received a scholarship from your government then you would need to include their written permission for you to remain in the UK as a Tier 2 Migrant. This is due to the fact that some governments that sponsor their international students require the person to return to their home country to join their work force, or pay back their fees.
Whilst there is no set amount of time that you can spend outside the UK whilst on a spouse visa, if there is a significant amount of time that you are outside the UK whilst on your spouse visa the Home Office will have reason to doubt your intention to live together permanently in the UK.
This being the case, if you spent 2 years outside the UK you would need to provide evidence of your husbands employment with the application as a reason for the absence, however, this would only mean that the caseworker can consider the situation and make a decision as to whether you intend to live together permanently in the UK.
You would not be able to apply for an extension of this visa from overseas whilst your husband is also overseas, your husband would need to be residing in the UK at the time of your application. Therefore, you would need to apply for a visit visa to visit the UK if your spouse visa were to expire whilst you were both living in the US.
I am sorry to hear of your situation.
Due to the complexity of your case, it would be better if you could contact us directly at firstname.lastname@example.org so that we can assist you in full.
If you provided your LIUK certificate with your ILR application, you are not required to re-submit it for your citizenship application. There is a section on the form to state that you already submitted it with your ILR application.
I am sorry for the delay in answering your post.
Unfortunately, when applying for a spouse visa there are mandatory requirements, these are that you must evidence that the relationship is genuine, you must meet the financial requirements set out in the Immigration rules and you must pass an English exam to at least level A1.
Evidence to support the application on the above points is mandatory and as such you have't provided a large portion of the mandatory documents that the Home Office require.
You wouldn't have any grounds to appeal the decision because of the pack of documentation provided and I would advise that you make a new application, making sure to provide all mandatory documentation.
In regards to the Human rights section of your letter, after a refusal, the Home Office also consider any human rights grounds that may be a factor in the application.
You are free to make a new application and provide the required documentation.
Due to the fact she has worked with her current employer for less than 6 months she would be required to provide the previous 12 months evidence of employment.
@imprs It is possible to use either - it is your choice.
You need to pass a test to level B1 which will be general training.
I will answer your questions in turn:
Unfortunately, The Home Office use the lowest figure in your account when assessing savings, for example, if your account fell below the minimum requirement of £62,500 in the 5th month and then went above the level in the 6th month, they would only take that 6th month into consideration and therefore, you will have only held your savings for a period of 1 month.
The full cash savings will be converted into sterling (£) on the date of the application. Any fluctuations in the exchange rate prior to the date of application won't be taken into account.
Due to the fact that you have been exercising your EEA treaty rights in Spain and have moved your life to Spain to live with your wife and child, your wife may be eligible to apply for a residence permit under the EEA regulations via the Surinder Singh route.
You can find information on this route here:
Due to the complexity of cases via this route it would be great if you could contact us directly at email@example.com
The Home Office caseworker was correct in regards to your wife. She can apply for citizenship straight away due to the fact she is married to a British citizen. However, your son must wait 12 months before applying for citizenship and he cannot be out of the UK for more than 90 days during those 12 months.
Let me know if you have any further questions on the above.
I am sorry to hear about your complex situation.
Firstly, the good news is that your previous visit visa refusals won't have a bearing on an application for a spouse visa, as that application will be assessed on it's individual merits.
Further to that, the fact that your husband gained ILR through 6 years of discretionary leave also won't have an affect on the outcome of your spouse application.
The suggestions you have made are exactly what you must do when making a spouse visa. You can include a supportive letter with the application that fully explains your mistake in the previous application and the UKVI caseworker will take this on board in his consideration of the case.
You can also provide evidence of your husbands diagnosis and medical records to show that you were married prior to your husbands condition. This can also be noted in your supportive letter.
I say that you 'may' be eligible due to the fact you have had a previous refusal and I would be unable to confirm that you have not broken your continuous residence without making a subject access request on your behalf. You are able to request your records from the Home Office online.