# Can a 3rd party sponsor spouse visa?



## beeenz3 (Oct 13, 2013)

Hi,

I am trying to get a spouse visa for my South African wife so that I can take up a job in the UK this January. Unfortunately, we do not meet the financial requirements as neither of us have been earning (we have both been studying) for the past 12 months. 

Can a third party (eg my father) who would have the requisite earnings sponsor my wife's spouse visa application? 

Thanks


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## Hertsfem (Jun 19, 2013)

I'm afraid there is no 3rd party sponsorship anymore...


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## nyclon (Apr 3, 2011)

3rd party sponsorship was discontinued when the rules changed in July 2012. If you will be making in excess of £18,600/year, you can return to the UK on your own and after 6 months of earning over £1550/month then your wife can apply to join you from SA.


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## RobHG (Oct 21, 2013)

The only way you could get 3rd party "sponsorship" is if they gave you a gift of GBP62500 which would have to be a genuine gift (letter stating it was a gift) and in an account in your/your partner's name for 6 months before application. This is not really practical as this will have donations tax implications if the gift giver is in South Africa and you would still have to wait 6 months before applying.

In the end, you will probably have to live apart for 6 months or she could visit you on a holiday visa (not working, obviously) and return to SA before applying. Good luck.


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## Chris1708 (Mar 11, 2013)

What is the limit on visiting time in the UK for a South African national? My wife was able to visit with me in the UK for six months before returning to the US earlier this year. I know it's not ideal but it could mean she would be able to come live with you for the majority of the time it would take to satisfy the financial requirement and you'd only then have to be apart while your visa application was processed.

Edit: Yes it seems that she can stay in the UK for upto six months on a tourist visa. So maybe that's a way forward for you as long as your new job will allow you to satisfy the financial criteria after that time.

http://www.ukba.homeoffice.gov.uk/countries/south-africa/?langname=UK English


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## beeenz3 (Oct 13, 2013)

Thanks for the replies, I really appreciate it.

Chris, I was looking into having her come and visit for 6 months as she currently has a family visit visa valid for 180 days, but from the guidelines on the UKBA website:



> VAT1.5 Frequency and duration of visits
> 
> There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.
> 
> There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.


It seems that one 6 month visit or even 2 separate 3 month visits would be detrimental to an eventual settlement application.

Does anyone have any experience of this?


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## RobHG (Oct 21, 2013)

beeenz3, I don't see that a 6 month visit would be detrimental to a future spousal/partner visa application. If there were 2 or 3 successive 6 month visits I'm sure that the visitors visa would not be granted anyway because that would amount to de-facto residence. Your partner would just need to show, at date of entry, that she had sufficient financial resources or financial support from you that justified a stay of 6 months (and of course they would have to be satisfied that she did not intend to work).


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## nyclon (Apr 3, 2011)

The big issue is that she has to have strong enough ties to SA that the immigration officer will be convinced that she will return. This includes a return ticket, job to return to, mortgage or rent to pay, school to return to or some other obligation. It's perfectly fine for her to visit you in the UK but the IO has to convinced that she understands the rules, has ties to her country and will return to her country. For this reason, it would probably be best to consider a couple of shorter trips rather than trips in excess of a month.


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## Joppa (Sep 7, 2009)

South African is a visa national so it's first and foremost about applying for a visa for 6 months. Once that is granted, it shouldn't be difficult to be admitted as visitor for full 6 months as immigration officer has only limited powers to curtail or deny entry leave to a visa holder (e.g fraudulent application, change of circumstance since etc).


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