Moving back to UK with spouse....visa issues....

[XiaoXi]

Planning to move back to the UK in less than six months with new spouse but wondering about visa issues. It seems the rules have changed and become tougher in recent years and so don't know what the best options are. I'm freelance so don't know if its possible to prove my income....the other requirement is having savings of £20,000 which is a bit excessive to say the least.

 

What visa options are there for her to go to the UK and live? If its this hard for a spouse visa then what chance do Chinese have to go and live in the UK without any connection with a UK resident??

 

I heard that there is an alternative EU route but after brexit is that even viable anymore?

 

EDIT: Would it actually be better for her to get a tourist visa? I heard they can be 2 years long now.

[Angelina]

If she gets a tourist visa, there might be restrictions when it comes to work. Also, a two-year visa is not permanent, 没有安全感, what if she can't extend her stay?

From my experience, applying for a Chinese visa was less of a hurdle than applying for a UK visa. Permanent residence might be similar, but I have no experience with it at this point.

[XiaoXi]

Yeah a Chinese visa is pretty simple...Chinese applying for a visa is a bit of a nightmare...even just to visit other Asian countries like Japan.

 

The work restrictions won't matter in her case so that's no issue.

[Angelina]

I don't know about Chinese citizens. I have applied at the Chinese embassy in my country for a Chinese visa and at the British embassy in my country for a British visa. Found the first one less bureaucratic. Both visits were funded by their respective governments and there was no need for any bank statements or similar.

Don't have any first-hand experience with permanent residence. I am interested in staying in China. It is better to get feedback from others who have successfully moved to the UK from China.

Might be useful to know what it is like to do it the other way around, move to China from somewhere else.

[roddy]

The UK's rules on non-EU spouses are appalling, and I feel bad for anyone struggling with them. 

 

First off, I'd check out a dedicated immigration forum. There will be a way for freelancers to prove your income, but you'll need to figure out what that is. Also, if you're currently overseas, you may have to prove you can continue in the same work back in the UK.

 

The "Surinder Singh" route is complex, but may actually be less complex than the alternative. I'm not sure if it's still open. 

 

If she's not working, perhaps enrolling as a student might work? But if you're already married they're quite likely to spot you're using the enrollment to dodge the income rules, and they won't like that at all.

 

Good luck with this, and let us know how you get on. But basically you need more specialist advice than we can give.

[XiaoXi]

Education in the UK costs a fortune anyway so not too far off the proving your income route. Not to mention with proving your income at least you get to keep it but with the education you have to give all that money away!

 

Found the first one less bureaucratic. Both visits were funded by their respective governments and there was no need for any bank statements or similar.

 

When did you get your British visa? If its before 2012 it will be under the old rules...and even before June this year will probably be somewhat different too.

 

Don't have any first-hand experience with permanent residence. I am interested in staying in China. It is better to get feedback from others who have successfully moved to the UK from China. 
Might be useful to know what it is like to do it the other way around, move to China from somewhere else.

 

So you're staying in HangZhou now? Did you ever stay in any other parts of China and if so did it include anywhere in the North?

[Angelina]

When did you get your British visa? If its before 2012 it will be under the old rules...and even before June this year will probably be somewhat different too.

 

 

2008

 

You have made a good point. You have to make sure the information you get is up to date. Unfortunately, I can't provide any. 

 

 

 

So you're staying in HangZhou now? Did you ever stay in any other parts of China and if so did it include anywhere in the North?

 

 

I have stayed in Beijing.

Not sure how it is going to be like in case you are considering moving to China. If you become a citizen of China, but are based in Beijing, there might be restrictions about living in Hangzhou. 

[XiaoXi]

I have stayed in Beijing.

Not sure how it is going to be like in case you are considering moving to China. If you become a citizen of China, but are based in Beijing, there might be restrictions about living in Hangzhou. 

 

 

Become a citizen of China? I doubt anyone would want to do that, even Chinese are getting foreign passports by the dozen these days. Anyway my plan is to move out of China and so the difficult is my spouse getting a long stay visa elsewhere. So do you plan to stay in Hangzhou long term or somewhere else? Do you prefer Beijing or Hangzhou?

[Angelina]

Anyway my plan is to move out of China and so the difficult is my spouse getting a long stay visa elsewhere.

 

 

Unfortunately, I can't help you here. Good luck! 

[nath]

I've just been through this for my wife, so am well versed with the rules.

 

To get your spouse back, you need to fulfil one of two financial criteria:

 

1.) You need to be in full time permanent employment paying over £18,600 a year and have a job offer in the UK paying over the same threshold (with contract, salary deets etc)

2.) You need a job in the UK paying at least £18,600, and be able to show you have earned at least that amount over the last 12 months.

 

If you're self-employed/freelance, it's a nightmare. You'll need a least 12 months of pay evidence. Better to secure perm employment...

 

For the application itself, there are a LOT of documents you need to send, but ultimately there are a few criteria you need to fulfil:

 

1.) The income assessment, as explained above

2.) Stable accommodation (can be with parents)

3.) Proof of relationship

4.) English level (your spouse will need to undertake a test)

 

Oh, and the whole process is eye watering expensive. £1,199 for the visa, and £600ish for the health surcharge. Plus there's a TB test, and the money for the English test and translation work.

 

Here's a list of items we sent in for reference. Feel free to PM me questions.

 

1.         Application Form

2.         Sponsorship Undertaking (Form SU07/12)

3.         Financial Requirement Form (Appendix 2, VAF 4A December 2013)

 

APPLICANT

 

1.         Copy of passport

2.         Copy of Chinese ID card and translation

3.         Household registration and translation

4.         Bank account statements (12 months)

5.         Tuberculosis test results

6.         Letter from applicant 

7.         IELTS test results

8.         Reference on volunteering experience

9.         Copy of CV

 

SPONSOR

 

1.         Copy of current passport and most recent Chinese visas

2.         Copy of old passport and Chinese visa history

3.         Table showing pay over last 12 months

4.         Current employment documents

a.          Contract of employment

b.         Letter from company owner re employment situation

c.          Payslip for October 2016

d.         Letter from accountant confirming payslip authenticity

e.          Employer’s payslip information

f.            Latest accounts for company

g.          Copy of CV

 

5.         Previous employment documents

a.          Letter from previous employer confirming employment dates

b.         payslips 

c.          Tax records

d.         Contract renewal email

e.          Email showing original job offer

f.            contract

g.          pass scan

h.         Work certificate copy

i.             Original working permit

6.         Current bank statements (12 months)

7.         Previous Chinese bank statements 

 

 

ACCOMMODATION

 

1.         Letter from parents confirming we can stay

2.         Photos of house and some of the rooms

3.         Copy of letter from bank showing mortgage has been paid and deeds handed over

4.         Bills, credit card statements etc as proof of address

 

PROOF OF RELATIONSHIP

 

1.         Letter from sponsor

2.         Copy and translation of wedding certificates

3.         Wedding photos and invite

4.         Wedding cards

5.         Photos 

6.         Wechat messages showing communication in 2013, 2014, 2015 and 2016

7.         Selection of Wechat ‘moments’ screenshots

8.         Various emails 

 

OTHER

 

1.         Visa refusal letters 

2.         Contracts showing cohabitation 

[carlo]

I would also feel bad for anyone having to go through the process described at #10. There's a fine line between limiting immigration, and limiting the rights of citizens to marry and live with whom they wish.

 

FWIW, I recently sponsored my wife for a Italian resident permit. All that was needed was a valid marriage certificate, a suitable address, and passing a spot check showing that we do live at that address. You may consider relocating to another EU country for a year or so, better weather, and it's likely some compromise over Brexit will eventually be found. 

[roddy]

Man, that list is enough to drive anyone to divorce. 

[Angelina]

Next time I meet a man from the UK:
"You are cute, have you ever considered joining the Communist Party of China?"
 

ACCOMMODATION

1. Letter from parents confirming we can stay
2. Photos of house and some of the rooms
3. Copy of letter from bank showing mortgage has been paid and deeds handed over
4. Bills, credit card statements etc as proof of address
 

at least they did not ask to see your bedsheets

ridiculous

[Flickserve]

Nobody realised the significance of needing to have fully paid off a mortgage.

How many people have been able to do that?

[nath]

You don't have to pay off your mortgage, just show stable accommodation. You could send in house contracts, mortgage repayments etc...

[roddy]

"If you're self-employed/freelance, it's a nightmare. You'll need a least 12 months of pay evidence. Better to secure perm employment..."

Do you know if they'll accept proof of what you've declared to the Inland Revenue? That was all I had to show for a mortgage recently - presumably on the principle that nobody is going to pay tax on made-up income. 

[Flickserve]

You don't have to pay off your mortgage, just show stable accommodation. You could send in house contracts, mortgage repayments etc...

You wrote originally wrote

3. Copy of letter from bank showing mortgage has been paid and deeds handed over

I did think having the deeds of the property is a very high requirement!

[nath]

I take it you're self-employed Roddy? The rules re what to submit etc are very specific and complex, but the best thing to do is to look at the original document, which can be found here. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

 

You can meet the financial requirement in a few ways, including savings, if you're lucky enough to have £60K. Re salaried employment, including self-employment, take a look at section 5 of the document. You may also want to check out other expat forums, including Britishexpats, where you can read examples of self-employed people applying. 

[stapler]

Oh, and the whole process is eye watering expensive. £1,199 for the visa

 

Actually relatively cheap! It's $7000 in Australia, or £4000 for the visa alone. If I wanted to live with a foreign national I'd just leave the country/not return to the country.

[roddy]

Yeah, self-employed. Looks like they want what I handed in (SA302s and a recent bank statement) and much, much more.