So we got our spouse visa in sep 2017 and my wife came to the UK. She was six months pregnant then and we now have a two year old British daughter. However we are not in a position to reapply as we don't meet the financial requirements so it looks like my wife will become an over stayer. I am assuming as we have a British daughter they will not deport my wife, but I can't be sure. Is there anyway we can ask to extend it for six months. By December 2020 we could be in a position to apply because we could meet the financial requirements. My wife currently works in the UK but, am I right in thinking she is stopped from working in May when the visa runs out?. There is no way my wife can return to philippines and with our daughter being British we are going to stay here visa or not. if she has to stop working here it's going to be a catch 22 situation where we are stuck from applying for the visa.
Checkout this link https://www.gov.uk/uk-family-visa/proof-income It seems the term of eventually being able to settle may change from 5 to 10 years, if financial requirements are not met and there are other compelling reasons to grant permission to stay? Definitely avoid visa expiring and becoming an over-stayer, no visa (invalid BRP) should mean no work. Expired visa would likely mean any previous qualifying time in UK becoming invalid for future applications? You'll best seek professional immigration guidance. This site doesn't give immigration advice as it is illegal to do so.
Yes I have read that about the 10 year route. But I have no idea what action we should take if we have Togo down the 10 year route. It would surely be a waist of money applying now if we don't meet the financial requirements. I may be coming into my inheritance in April, but even if I apply in May I won't have had the money six months at that point.
Richie Have a look on the link that has been provided it talks about if you cant meet the financial requirement but you can maybe still settle if you are a parent, then have a look at this link https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members there are publications https://assets.publishing.service.g..._and_Accommodation_Appendix_FM_Annex_1_7A.pdf and https://assets.publishing.service.g...pendix-FM-1-7-Financial-Requirement-ext_1.pdf Have a look through them and see if they help any!
I wouldn't recommend you risk your wife becoming an over-stayer, as those who fall foul of immigration law could ultimately be subject to deportation and have a 10 year visa application ban imposed? There have previously been reported in the press of families becoming split up and deportations imposed, the full circumstances are not generally fully reported, so is unknown if due to permitting expiry of visa, poor immigration advice, wrong visa application. 1st4immigration have a blog site with useful info, it might be worth search for scenarios. This link advises that the 10 year route has no guarantees and due to the length of time needed to eventually qualify to reach settled status, the visa will still need extending every further 2.5yrs, hence usual visa extension costs imposed. https://1st4immigration-visas.blogspot.com/search?q=10+year+route
There are no other options, so even if it's not going to be easy I can't see what else we can do. I understand why are you saying you don't recommend it but we don't have options. Sending her back with no money and job is not an option so it's not even a choice to weigh up. Well yes I would be very worried about her being deported if we didn't have a child. However since we a two year old girl who is British I would be surprised if they would separate her from her mother to put her in care. I am assuming they can not deport a British child with my wife.
There is no rule stating that your british child would have to accompany your wife, should deportation occur. Nothing surprises me regarding home office / government department attitudes, common sense mentality seems to be devoid of government bodies. However, compassion is not the home office default status where immigration law is ignored. Maybe seek an initial consultation with an immigration lawyer to assess what options are available to you?
Why would they put the child in care if your wife was deported? I think there would be an expectancy for the other parent (you) to look after the child. Have you an income? What did you use to meet the financial requirements for your wifes first visa,is that not useable? Seek legal help while you have time before her visa expires
