# Does anyone think we're safe to apply for a UK spouse visa without getting denied?



## foreversamijo (Mar 19, 2014)

Does anyone think we're safe to apply for a UK visa without getting denied?

So my UK husband and I (Canadian) are applying for me to live in the UK under the UK Spouse Visa. We're concerned about his finanical status now that the new requirements of having an income of £18,600 are kicked in.

In the last 12 months, my husband has had 3 jobs:

Current: Just started this week
Previous: Sept 2013-March 2014
2rd Previous: He worked there for over 2 years before being let go in Aug 2013

I calcuated his earnings within the last 12 months, and he made just over £22,000.

At his current job now, he will be making £16,500 + Commission

At his previous job he was making: £14,500 + Commission

I have savings of £2,500, and I own an income property in Canada.

What are your thoughts?


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## Joppa (Sep 7, 2009)

To rely on his income alone, he will meet one part of Cat B - having earned £18,600 in the last 12 months. Now for the other part he needs to be in a job or jobs paying at least £18,600. The trouble is unless his commission is guaranteed (and the amount is stated in his employment letter or contract), he cannot show he will make the total as he has just started his job. Disregarding his commission (as it's an unknown quantity), he is £4,100 short.
If your property in Canada produces a rental income to cover that, he will meet the requirement.


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## foreversamijo (Mar 19, 2014)

So he is short £2,500. What if I have that amount from my savings? Would that cover us?


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## nyclon (Apr 3, 2011)

foreversamijo said:


> So he is short £2,500. What if I have that amount from my savings? Would that cover us?


No. To use savings to make up the shortfall the formula is the shortfall times 2.5 plus a base of £16,000. So you would need £21,250 in savings to cover the shortfall. 2,100x2.5=5,250+16,000=21,250.


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## Joppa (Sep 7, 2009)

Doesn't your Canadian property produce enough rental income to cover it?


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## foreversamijo (Mar 19, 2014)

Joppa said:


> Doesn't your Canadian property produce enough rental income to cover it?


I currently live in the property I own, but will be moving out to rent it within 1-2 months to a family.


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## nini (Mar 10, 2014)

i previously applied for my husbands spouse visa, i earn exactly the same 16,000 plus commission with savings of only 4 thousand. we were refused on this point however were successful on appeal under MM. appeal was allowed and now my husband is with me in the UK. it is a long process but their challenging the law on finance so you defo stand a chance.


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## foreversamijo (Mar 19, 2014)

nini said:


> i previously applied for my husbands spouse visa, i earn exactly the same 16,000 plus commission with savings of only 4 thousand. we were refused on this point however were successful on appeal under MM. appeal was allowed and now my husband is with me in the UK. it is a long process but their challenging the law on finance so you defo stand a chance.


Nini, did you appeal using a lawyer?
How long in total (from start to finish) did it take for you to be approved for a visa?

Has anyone heard what the update is on getting rid of this immigration law on finance? I heard they were in talks the last couple of weeks.


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## Joppa (Sep 7, 2009)

There was a court hearing a couple of weeks ago, but the judgement isn't expected for some time (2-3 months). And even if the appeal judges demand lowering financial requirement, the government is sure to appeal to the supreme court, and then to Europe, so final outcome may be a few years down the line.


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## nini (Mar 10, 2014)

We applied in nov 2012.. got refusal in feburary 2013.. appealed in march.. hearing date was for april 2014 but due to me being pregnant they expedited it to november 2013.. the hearing was no longer then 5 minutes.. home office representative had no paper work and didnt even talk to be honest. I think me being pregnant made a huge impact on the case. I appealed with a lawyer yes.


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## foreversamijo (Mar 19, 2014)

Joppa said:


> Doesn't your Canadian property produce enough rental income to cover it?


Am I able to be on a uk student visa and apply for a spouse visa while in school in the uk?


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## Joppa (Sep 7, 2009)

Yes, provided your study visa was originally issued longer than 6 months and you can meet the spouse visa requirements.


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## foreversamijo (Mar 19, 2014)

Joppa said:


> Yes, provided your study visa was originally issued longer than 6 months and you can meet the spouse visa requirements.


What if I find a UK job while in Canada, who is willing to hire me as soon as I get my Settlement visa? Do you think UK immigration will be more incline to approve my visa if I state this in my application or interview?


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## AmyD (Jan 12, 2013)

There is no such job. Nobody in the UK will hire you - or even talk to you - until you have a visa that allows you to work.


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## nyclon (Apr 3, 2011)

foreversamijo said:


> What if I find a UK job while in Canada, who is willing to hire me as soon as I get my Settlement visa? Do you think UK immigration will be more incline to approve my visa if I state this in my application or interview?


No. It will have no impact on the application at all.


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## foreversamijo (Mar 19, 2014)

nyclon said:


> No. It will have no impact on the application at all.


Ok, what if I go to school (for I got excepted to one) to study in the UK, and apply for a student visa. Would immigration deny me one because I'm married to my husband, and should be applying for a spouse visa?


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## foreversamijo (Mar 19, 2014)

Joppa said:


> Yes, provided your study visa was originally issued longer than 6 months and you can meet the spouse visa requirements.



Ok, what if I go to school (for I got excepted to one) to study in the UK (I'm still in Canada at moment), and apply for a student visa. Would immigration deny me one because I'm married to my husband, and I should be applying for a spouse visa?


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## Joppa (Sep 7, 2009)

You can go for Tier 4 student visa, but you need to show you can pay tuition fees and living costs. Being married to your UK husband has no direct effect on your application. But remember you don't earn any credit towards settlement (green card) and you are limited to 20 hours a week in employment in term time.


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## foreversamijo (Mar 19, 2014)

Joppa said:


> You can go for Tier 4 student visa, but you need to show you can pay tuition fees and living costs. Being married to your UK husband has no direct effect on your application. But remember you don't earn any credit towards settlement (green card) and you are limited to 20 hours a week in employment in term time.


Thanks Joppa😃👍


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## foreversamijo (Mar 19, 2014)

Now that my UK husband and I are married. My passport doesn't need renewing for another 2 years (in order to change my name). Can I apply for a visa in my maiden name, and do I check off Mrs or Ms on my application? Cause I'm pretty sure I have to state that I am married.


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## Joppa (Sep 7, 2009)

You can apply with existing passport name. Use Ms + maiden name.


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## foreversamijo (Mar 19, 2014)

Joppa said:


> To rely on his income alone, he will meet one part of Cat B - having earned £18,600 in the last 12 months. Now for the other part he needs to be in a job or jobs paying at least £18,600. The trouble is unless his commission is guaranteed (and the amount is stated in his employment letter or contract), he cannot show he will make the total as he has just started his job. Disregarding his commission (as it's an unknown quantity), he is £4,100 short.
> If your property in Canada produces a rental income to cover that, he will meet the requirement.


Ok, so here is a senerio in regards to what he makes.

His current job gross annual salary is: £14,000. He's been making on average for the last 3 months (from when he started) £800 commission. So his gross is between £1,900-£2,000/month.

So, does his employer have to state in a letter how much commission he made each month, even though it clearly states it on his pay slips?


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## Joppa (Sep 7, 2009)

No. Just the fact he is entitled to (or paid) commissions.


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## foreversamijo (Mar 19, 2014)

So, I've added all my spouse's gross payslips for the last 12 months, and we've decided to go with Category B, for in the last 12 months he's worked with 3 different employers. Based on the info below, are we safe to apply?:

*Salary Gross*
May 1000
Apr 1000
Mar	891.31
Feb	1000
Jan	1000
Dec	1000
Nov	1000
Oct	1000
Sep	769.23
Aug	2475
Jul	2475
Jun	2475

*Total £16,085.54*

*Commission made by the last 2 jobs from Sept 2013-May 2014*
May	877.48
Apr	1000
Mar	456.25
Feb	498.93
Jan	693.67
Dec	225
Nov	395.11
Oct	0
Sep	0
Aug	0
Jul	0
Jun	0

*Total	£4146.44*

Salary Total + Commission Total = £20,231.98

Thanks


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## bluetail14 (Jan 21, 2014)

nini what does 'appeal on MM' mean? MM?
thinking how we could expedite my spouse visa wait. the same pregnancy situation.


nini said:


> i previously applied for my husbands spouse visa, i earn exactly the same 16,000 plus commission with savings of only 4 thousand. we were refused on this point however were successful on appeal under MM. appeal was allowed and now my husband is with me in the UK. it is a long process but their challenging the law on finance so you defo stand a chance.


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