# switching from Tier 1 dependant to spouse visa



## madul (Jul 7, 2012)

Hi,

does anyone have recent experience of switching from Tier 1 dependant (partner) visa to spouse visa?

the situation is, my husband has tier 1 dependant, and now he needs to appy for extension, obviously using FLR (M) form as he is applying within the country. Tier 1 dependant has been obtained in December 2011. 

Does he need to apply for spouse visa under old or new rules? 

Does anyone know what will be the exact list of documents? 

Can someone help please?

thanks a lot and will be looking forward to hearing from you....


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## Joppa (Sep 7, 2009)

madul said:


> Hi,
> 
> does anyone have recent experience of switching from Tier 1 dependant (partner) visa to spouse visa?
> 
> ...


Let me unravel your situation.
Presumably you are a settled person oin UK (have you resolved your previous problem at PEO?), and your husband is here as an unmarried partner of Tier 1 worker (you). And his visa is expiring soon, and you recently got married.

If my assumptions are accurate (correct me if not), then he will need to extend his stay as spouse of a settled person, on FLR(M), rather than on FLR(O) as Tier 2 visa holder, as on gaining ILR your Tier 1 was superseded. I'm pretty certain that he will be subject to the new rules, as he is making his first application for a settlement leave under family migration route, since his current visa isn't.


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## madul (Jul 7, 2012)

Hi Joppa, thanks for getting bak. 

Yes my ILR has been resolved with PEO within 7 working days, thanks God! 

I was on Tier 1, I married my husband back in October 2011, and then he applied for Tier 1 dependant visa based on mine from outside UK. He has been granted Tier 1 Patner, and as he did not live in this country for 2 years, he could not apply for ILR the same time as me, therefore, he is applying for extension by switching from tier 1 dependant to spouse visa as my visa status has changed. 

I have read in the document STATEMENT OF INTENT:
FAMILY MIGRATION, page 69: 

"Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as the partner of a migrant under the Points Based System, or you have applied for this and are awaiting a decision."
The immigration rules in force before 9 July 2012 will still apply you from 9 July 2012. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement." 

so what does it mean then? does the old rules apply to him? or he needs to apply under new rules? as we have our appointment with PEO again on the 23d august.

thanks a lot for support, 









Joppa said:


> Let me unravel your situation.
> Presumably you are a settled person oin UK (have you resolved your previous problem at PEO?), and your husband is here as an unmarried partner of Tier 1 worker (you). And his visa is expiring soon, and you recently got married.
> 
> If my assumptions are accurate (correct me if not), then he will need to extend his stay as spouse of a settled person, on FLR(M), rather than on FLR(O) as Tier 2 visa holder, as on gaining ILR your Tier 1 was superseded. I'm pretty certain that he will be subject to the new rules, as he is making his first application for a settlement leave under family migration route, since his current visa isn't.


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## Joppa (Sep 7, 2009)

Yes, he is eligible under the old rules. I was going to church so couldn't check the latest rules for confirmation.


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## madul (Jul 7, 2012)

Joppa said:


> Yes, he is eligible under the old rules. I was going to church so couldn't check the latest rules for confirmation.


Hi Joppa,

if he is eligible under the old rules, what is the amount of saving i have to show to UKBA to proof that i can support him here, as nowhere on UKBA website they have ever mentioned the exact amount? so im confused.

and do you have the list of documents required please?

thanks a lot for support,


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## Joppa (Sep 7, 2009)

madul said:


> Hi Joppa,
> 
> if he is eligible under the old rules, what is the amount of saving i have to show to UKBA to proof that i can support him here, as nowhere on UKBA website they have ever mentioned the exact amount? so im confused.
> 
> and do you have the list of documents required please?


Under the old rules, you need £111.45 a week after paying for housing (rent/mortgage and council tax).
Required documents are in UK Border Agency | Documents required and links.


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## madul (Jul 7, 2012)

Joppa said:


> Under the old rules, you need £111.45 a week after paying for housing (rent/mortgage and council tax).
> Required documents are in UK Border Agency | Documents required and links.


does it mean that the saving should be £12036.6 to cover 2 years period or what?

just read the page again, and it says that this maintenance fund can be based on my salaried income as well, so does it mean that if I provide the statement of saving I have which wont amount to the figure above as well as my payslips and P60 confirming my wage every month will be enough to cover the maintenance fund???

thanks a lot


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## Joppa (Sep 7, 2009)

madul said:


> does it mean that the saving should be £12036.6 to cover 2 years period or what?
> 
> just read the page again, and it says that this maintenance fund can be based on my salaried income as well, so does it mean that if I provide the statement of saving I have which wont amount to the figure above as well as my payslips and P60 confirming my wage every month will be enough to cover the maintenance fund???


Is your husband in work? His salary can be added. Under the old rules, the shortfall can be made up by savings, so that there is a reasonable chance that you will continue to make the minimum amount for the duration of the leave.


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## madul (Jul 7, 2012)

Joppa said:


> Is your husband in work? His salary can be added. Under the old rules, the shortfall can be made up by savings, so that there is a reasonable chance that you will continue to make the minimum amount for the duration of the leave.


Ohh i c, that's fine then, yes he is in work but started only recently. Anyway, i was planning to add his salary as well, although mine is enough even under the new rules. That's good news!!!!

thanks a lot for advice, hope we will get there soon!


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## madul (Jul 7, 2012)

Joppa said:


> Is your husband in work? His salary can be added. Under the old rules, the shortfall can be made up by savings, so that there is a reasonable chance that you will continue to make the minimum amount for the duration of the leave.


I hope i didnt stress you, Joppa, too much with so many questions. 

The bank statement from myself and payslips should cover the 12 months period or just 6 months? 

There is also question in the application form asking to proof our cohabitation, such as contacts, how did we meet etc. 

The first time we have applied for visa, we have provided all these documents to the Embassy, do we need to provide these documents again such as wedding photos? 

thanks a lot


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## Joppa (Sep 7, 2009)

madul said:


> I hope i didnt stress you, Joppa, too much with so many questions.
> 
> The bank statement from myself and payslips should cover the 12 months period or just 6 months?
> 
> ...


Last 6 months of bank statement will be enough.
As you are married, all you need is proof of living at the same address such as joint bank account, joint bills, tax office letters sent to the same address etc.


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## madul (Jul 7, 2012)

Joppa said:


> Last 6 months of bank statement will be enough.
> As you are married, all you need is proof of living at the same address such as joint bank account, joint bills, tax office letters sent to the same address etc.


Yes this is where the problem starts, as we dont have joint bills etc. my studio flat includes all the bills, and council tax, so I dont actually pay anything only the rent. 

However, on the application form they said that we can provide letters from 6 sources addressed either to me or him at the same address, so i hope this will be the proof, as otherwise it will be only my landlord word that we have been living here since he arrived.


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