I Am Settled Person Holding Indian Passport And Now Intend To Make My Spouse And Daughter Below 18

I am a settled person holding an Indian Passport and now intend to make my spouse and daughter below 18 to join me . I work for a college as a lecturer in business on an hourly paid basis, do not get paid holidays and raise my invoice every month . The pay out for the last 6 consecutive months is £3080,£1492,£2910,£2860,£3250 and £2900. The annualized equivalent works out to £32,983 .Q1 Can I apply under Non Salaried employment to meet £22,400 on an annualized basis ?Q2 My brother has a 5 bedroom house in Birmingham and is willing to write a letter to the British High Commission, New Delhi to allow me 2 bedrooms for the exclusive use of my family. Will that be acceptable. I may mention that he has a family of 5 and it will not lead to overcrowding arrive. Please reply. ManyThanks

I am a settled person holding an Indian Passport and now intend to make my spouse and daughter below 18 to join me . I work for a college as a lecturer in business on an hourly paid basis, do not get paid holidays and raise my invoice every month . The pay out for the last 6 consecutive months is £3080,£1492,£2910,£2860,£3250 and £2900. The annualized equivalent works out to £32,983 .Q1 Can I apply under Non Salaried employment to meet £22,400 on an annualized basis ?Q2 My brother has a 5 bedroom house in Birmingham and is willing to write a letter to the British High Commission, New Delhi to allow me 2 bedrooms for the exclusive use of my family. Will that be acceptable. I may mention that he has a family of 5 and it will not lead to overcrowding arrive. Please reply. ManyThanks

Public Answer

Thank you for your enquiry.

To obtain a UK spouse visa, the following, amongst other, requirements must be met:

• You and your spouse must be 18 years old or over.
• You must have met each other and be legally married.
• You must intend to live together permanently.
• You must have enough money to support yourselves (and any dependents) without claiming public funds.
• Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependent children (see our section on Children’s Visas below)..
• You must have suitable accommodation for you, your spouse and any dependants.
• You must satisfy the English language requirements.

To bring dependent children into the UK, you must be able to show you have funds of:

• £3,800 per year for the first child
• £2,400 per year for each additional child

There are several ways to meet the financial requirement under Appendix FM of the Immigration Rules. You may be able to use your income from working as a Lecturer at a college however, it will be important for us to assess the method by which you derive your income before we can estbalish the category under which your wife and child may apply.

With regard to accomodation, the Entry Clearance Officer should be satisfied that the accommodation complies with the following requirements:

• It is (or will be) owned or legally occupied for the exclusive use of the couple (and any dependent children)…and;
• It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985…”

At this stage, we must estabalish that the accomodation you have referred to meets the above requirement before we can confirm it is adequate for the purposes of the entry clearance application. Someone will be in touch with you shortly to see how we can help you further.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our Immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our contact form.

We look forward to hearing back from you soon.

Best regards,

OTS Solicitors

[This question has been successfully answered by our lawyers in a private e-mail]