# Is it possible to extend my spouse visa



## Halica (Sep 6, 2012)

Hi my name is serdar and i really need someone's help.
I got married at 2010 with a British woman and i got spouse visa at 2010 and then i moved to scotland.I lived and worked there about 2 years and after this 2 years I would have to apply ILR but I couldn't apply it and my spouse visa has run out.also I couldn't apply to extend my spouse visa for some reasons and after my visa has run out I had to come back to turkey on july of 2012.now I Am in turkey and I want to go back to UK.my wife and I don't know how to do that again.because lots of rules has changed after 2012.we don't know whether it is possible to extend my spouse visa when I am in turkey.also I would like to know that the news rules will affect me or not.
If someone helps me I will appreciate that.please help me.thanks


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## fergie (Oct 4, 2010)

If your original spouse visa ran out, and you didn't extend/renew it at the time before going back to Turkey I should imagine you will have to apply again from Turkey under the new rules, and prove enough savings income between you and your spouse to meet the new rules.
Do you have a job which is on the 'short list' for occupations required in the Uk, that might help.


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## 2farapart (Aug 18, 2011)

Hi Serdar

You don't state the reasons for not being able to renew your visa before it expired so I don't know if there would be any compassionate grounds under which you could apply for some kind of belated extension (if there is such a thing). I suspect, as Fergie stated, you will have to reapply for a new visa, and that means applying under the new rules. These rules require that your UK partner has been employed in a job for at least 6 months earning £18,600 a year or more (or over 12 months if she has changed employer in that time), or is self-employed and earning the same (with records to prove it). Failing a lack of income, you would jointly need up to £62,500 in savings (this figure reduces if there is _some_ income, but not enough) - again, those savings must have been held in an accessible account to one or both of you for at least 6 months.

There are potentially other (though more awkward) ways around this, such as your wife taking a job in another EEA country for a minimum 6 months, then exercising Treaty Rights to bring you into the UK on an EEA Family Permit. If however your wife earns the required £18,600 or more a year, you should have no problems meeting the financial (and the most difficult) requirement.

For more information on the new financial requirement, see: http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary. Note: calculating the savings requirement is detailed on page 15.


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## Halica (Sep 6, 2012)

I have no job in uk now and my wife didn't change her work in 3 years but she earns less then £18000 even less then £12000.she has a house there and still she pays mortgage.i don't know what will happen tu us now.because it seems the new rules wont let me to get a visa again and I stuck in turkey.is there any good news for me there.?


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## 2farapart (Aug 18, 2011)

The only other option I can see is your wife taking a job in Europe for 6 months, and then exercising Treaty Rights to bring you back into the UK with her. Failing that, can she take on a part-time job in addition - just to bring her earnings up to the required amount until you are able to join her in the UK?

Otherwise, you would need to pool a large amount of savings. Working on the basis of your wife earning £12,000, you would need to have £32,500 saved and held. Bearing in mind you said 'less than £12,000' it might be a little bit more than that, but this will give you an approximate idea to work with.


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## Halica (Sep 6, 2012)

Thank you very much for your helping me.i don't understand how we can find this money also how can she find a another job easily to earn enaugh Money to take me to there again.this is ridicules.i lived there 2 years and I worked more than a year and I lost my all rights because of I couldn't apply to extend my visa in time.i wonder what will happen to us if we can't fulfill all this new rules.do we have to divorce ?


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## Joppa (Sep 7, 2009)

Halica said:


> do we have to divorce ?


Or live in Turkey?
If you can't contemplate living in Turkey together, one wonders if you are really an economic migrant - wanting better standard of living UK offers, rather than someone who genuinely married for love and just want to spend the rest of your life together.


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## Halica (Sep 6, 2012)

Yes we have an another option.we can live in turkey.but my wife doesn't want to live in turkey.also I don't want to live in turkey too.i am an engineer and I can find a better job here but I love Scotland and Scottish people.i would like to live in Scotland rather than here.i love my wife and she loves me too but the goverment doesn't care what we felt.they really don't care us.i really don't know what to do.


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## Joppa (Sep 7, 2009)

Halica said:


> Yes we have an another option.we can live in turkey.but my wife doesn't want to live in turkey.also I don't want to live in turkey too.i am an engineer and I can find a better job here but I love Scotland and Scottish people.i would like to live in Scotland rather than here.i love my wife and she loves me too but the goverment doesn't care what we felt.they really don't care us.i really don't know what to do.


You've answered your own question. You do love each other (I have no reason to doubt that), but you both prefer to live in Scotland because of better job prospect and being a nicer place. To do so, the government mandates a minimum income requirement, so that you are independently self-sufficient. If you can't, your are deemed not to be paying your way. If love means anything, you should be prepared to live anywhere you can reside legally, unless there is a war on or you have a reasonable fear of persecution or danger to your life (like Syria, Afghanistan etc). The government is trying to stop people using marriage and other long-term commitment as a way of settling in UK without demonstrable and realistic evidence of self-sufficiency.


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## Halica (Sep 6, 2012)

Hi again
Actually I can find a better job here if my wife wants to live here but she doesn't want to live here because her family is in Scotland and she has a job there.she cant find a job easily in turkey because she can't speak Turkish and it is really hard to live here for her.i want to live in Scotland because I lived there 2 years and I find a job and now I got used to live there.i like my country but I want to be with my wife.also she wants to be with me too.i went to Scotland before the new rules and I couldn't know that the rules will change.i wonder who checks ukba web site if you don't need to apply for visa or need some information.the rules changed and I didn't heard it anywhere.who is this fault ?my fault is that I couldn't apply in time for ilr or extend my spouse visa.I don't know what will I do or where I will apply to get help for my situation .I really got stuck here.i hope I can find a way to see my wife again.
Thanks for your helping me.


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## 2farapart (Aug 18, 2011)

I don't know what sort of job your wife holds (and more importantly how demanding it is) but is there _any_ scope for her to take on a very small part time job in addition - just for six months? If she could find something that makes up that extra £6000-7000 that you're missing (perhaps a supermarket job or something in the evening) and could bear to hold onto it until you're in the UK and able to work, that is one option. Admittedly, it will be hard - very hard, BUT it will mean that you can be together AND in the UK. Otherwise, I don't really know what else to suggest.


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## Halica (Sep 6, 2012)

Hi again
Could you tell me please if my wife sell our house and put the money on the bank and if she rent a house.can they give me the visa?thanks


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## Joppa (Sep 7, 2009)

Halica said:


> Hi again
> Could you tell me please if my wife sell our house and put the money on the bank and if she rent a house.can they give me the visa?thanks


Yes, if the money raised is £62,500 (relying entirely on savings) and the amount stays untouched in bank account for 6 months.


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## 2farapart (Aug 18, 2011)

Halica said:


> Hi again
> Could you tell me please if my wife sell our house and put the money on the bank and if she rent a house.can they give me the visa?thanks


That is actually a great idea for working around an otherwise-impossible situation for anyone who owns their home outright but doesn't mind selling up so that they can be together with their partner. Not something I'd even thought of! As long as £62,500 of that money remains untouched for a minimum 6 months, that should work nicely. 

Remember that the financial requirement applies at every visa application stage (for example: when applying for the next 2.5 year FLR extension), but at least your employment would also be counted once you're in the UK. If your visa application is successful, it might be wise to leave the £62,500 untouched until you are absolutely confident that, combined, your joint incomes total at least £18,600 per year and will continue to do so when your next application is due in a couple of years' time.

Good luck!


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## Joppa (Sep 7, 2009)

Just remember that if the house is mortgaged, it may not have much equity left when sold if you haven't owned it for long - you may even be in negative equity, i.e. house is worth less than the money you owe to mortgage lender. So selling the house may not release as much capital as you expect.


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## Halica (Sep 6, 2012)

Hi again 
Yes house is mortgaged and if we sell our house probably we will have less than £62000 and but we have to try all way to go back to Scotland again.but I wonder if my wife find another job to ensure that she will earn £18600 when can I apply for the visa.can I apply as soon as my wife get the job or I have to wait for a year to show how much she earn in a year.how many months I have to wait for applying visa?thanks


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## gkt (May 10, 2010)

Halica said:


> Hi again
> Yes house is mortgaged and if we sell our house probably we will have less than £62000 and but we have to try all way to go back to Scotland again.but I wonder if my wife find another job to ensure that she will earn £18600 when can I apply for the visa.can I apply as soon as my wife get the job or I have to wait for a year to show how much she earn in a year.how many months I have to wait for applying visa?thanks


Hello there, i bet once your wife starts work and earns enough you have to wait before you apply until you can show about 6 months worth of payslips.


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## 2farapart (Aug 18, 2011)

Yes, your wife needs to earn over £18,600 per annum for a full and consistent period of *6 months*. She would only need to do this for a year if she changes employer during that 6 months.


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## Halica (Sep 6, 2012)

We really don't know what we will do.we have been married nearly 3 years and the new rules doesn't let me to se my wife.when i applied for a visa 2 and half years ago they couldn't ask how much she was earning.but now I can't go back because my wife doesn't earn £1800 per year and nobody doesn't care how my wife will pay mortgage ,bills without my help and how she will live without me.this is not fair .


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## Halica (Sep 6, 2012)

She won't change her employer.she will find another job to earn another £6000.for example she earns £12000 per annum and she needs to earn another more than £6000.so can I apply as soon as she get the job or still I have to wait 6 months .or another option if my wife's new employer guarantee the embassy that he will pay £6000 per annum to my wife for her salaries.do you think the embassy consider this?


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## Joppa (Sep 7, 2009)

Halica said:


> She won't change her employer.she will find another job to earn another £6000.for example she earns £12000 per annum and she needs to earn another more than £6000.so can I apply as soon as she get the job or still I have to wait 6 months .or another option if my wife's new employer guarantee the embassy that he will pay £6000 per annum to my wife for her salaries.do you think the embassy consider this?


If your wife is making the required total through two jobs (Option B), you need a year's worth of pay slips and bank statement before you can apply.


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## 2farapart (Aug 18, 2011)

Ah, I read it as Option A on the assumption that, if the employer (even as two employers simultaneously) hasn't changed in six months, that would be okay for Option A. I didn't realise it would be Option B (twelve months). My apologies, Halica.


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## ashkevron (May 1, 2012)

I would find it very hard to sell my house in order to get a visa, but I guess if you can't live in it there is no much point in keeping it. If you sell the house, with the salary your wife earns, you'll probably need around 40 000 pounds left from the sale of the house, rather than the full 62500.

It never occurred to me before, but maybe someone like Joppa can answer this. Is it possible for your wife to let a part of the house in order to meet the 18600 pounds a year needed? Also, could she actually let the ENTIRE house and move to some rented accommodation and will that work as long as her total income is above 18600 pounds?


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## Joppa (Sep 7, 2009)

ashkevron said:


> I would find it very hard to sell my house in order to get a visa, but I guess if you can't live in it there is no much point in keeping it. If you sell the house, with the salary your wife earns, you'll probably need around 40 000 pounds left from the sale of the house, rather than the full 62500.
> 
> It never occurred to me before, but maybe someone like Joppa can answer this. Is it possible for your wife to let a part of the house in order to meet the 18600 pounds a year needed? Also, could she actually let the ENTIRE house and move to some rented accommodation and will that work as long as her total income is above 18600 pounds?


Yes, that's allowed. It all depends if the maths adds up. The only trouble is the rent must have been received for at least a year before they can be put towards the total income:

_Property rental income:

• All bank statements required to show the income relied upon was paid into the sponsor or the applicant’s account in the *12-month period prior to the application*._


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## ashkevron (May 1, 2012)

Joppa said:


> Yes, that's allowed. It all depends if the maths adds up. The only trouble is the rent must have been received for at least a year before they can be put towards the total income:
> 
> _Property rental income:
> 
> • All bank statements required to show the income relied upon was paid into the sponsor or the applicant’s account in the *12-month period prior to the application*._


Interesting... especially if one considers the fact that presumably the same goes for subletting...


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## Joppa (Sep 7, 2009)

Joppa said:


> Yes, that's allowed. It all depends if the maths adds up. The only trouble is the rent must have been received for at least a year before they can be put towards the total income:
> 
> _Property rental income:
> 
> • All bank statements required to show the income relied upon was paid into the sponsor or the applicant’s account in the *12-month period prior to the application*._


I must add that if the yearly rent is more than the required amount, then you need to have received rent only as long as necessary. So if for example you need £2500 and the yearly rent is £5000, you can apply after 6 months.


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## fergie (Oct 4, 2010)

There is also another 'hitch', with renting out a mortgaged property, the mortgage company must be informed by rights, and may change the amount of mortgage being paid to them to a higher figure. This happened to us,we were asked to pay nearly double the mortgage, because we have tenants in, also when you become a 'landlord' you have to take out special insurance for the property, called 'landlords insurance'. It is an almost 'no win' situation, and we don't make much on the property at all.
However, this does not matter much to us, as we at least keep the property that way, until houses realise a better value again in the UK, and we can eventually sell it.
You cannot let, or sub let, a mortgaged property without informing them, as it is a breach of the mortgage conditions, and they can effectively take your house away for not obeying the rules.


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## Joppa (Sep 7, 2009)

fergie said:


> There is also another 'hitch', with renting out a mortgaged property, the mortgage company must be informed by rights, and may change the amount of mortgage being paid to them to a higher figure. This happened to us,we were asked to pay nearly double the mortgage, because we have tenants in, also when you become a 'landlord' you have to take out special insurance for the property, called 'landlords insurance'. It is an almost 'no win' situation, and we don't make much on the property at all.
> However, this does not matter much to us, as we at least keep the property that way, until houses realise a better value again in the UK, and we can eventually sell it.
> You cannot let, or sub let, a mortgaged property without informing them, as it is a breach of the mortgage conditions, and they can effectively take your house away for not obeying the rules.


That's true, but only _in extremis_, as it's almost certain to cost them money. They would rather you kept the property and continued to pay the mortgage.
UKBA rules make it clear that you must have received a mortgage lender's written permission to let out, and it should be enclosed.
Also you cannot count the income from a lodger or letting part of the property, as it mustn't be your main residence:

_The property, in the UK or overseas, must be owned by the applicant’s partner, the applicant or both jointly, and must not be their main residence (and therefore income from a lodger in that residence cannot be counted)._

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/ Page 14


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## fergie (Oct 4, 2010)

Joppa said:


> That's true, but only _in extremis_, as it's almost certain to cost them money. They would rather you kept the property and continued to pay the mortgage.
> UKBA rules make it clear that you must have received a mortgage lender's written permission to let out, and it should be enclosed.
> Also you cannot count the income from a lodger or letting part of the property, as it mustn't be your main residence:
> 
> ...


By us informing the mortgage company and adhering to the rules, in the correct way, before we let our place out through a UK property management company, we did everything in a correct way, and yes!, we do pay a higher mortgage fee to be able to let our place out--because we can.
We are keeping our house until Uk property prices pick up, as an investment more than anything as it is in positive equity and we want to keep it that way. 
However not everybody reads or understands their mortgage agreement and could get into a 'downward spiral' of trouble if they don't know.
Especially as the OP is desperate in any way, for he and his wife to be together long term, if they are thinking of letting out the house, or sub letting, they cannot do it by private agreement with the future tenant.
The Op's wife appears to only earn a very small wage, what concerns me is if she applies to let the place out, will she be able to satisfy the mortgage company's requirements for the increased mortgage?
It to me looks like an ever increasing 'circle' of problems they may end up with, more debt to get her mortgage, if she can get it! then she will also have to rent somewhere very very cheap (perhaps only one room), to call her own address-even more money! a very difficult situation they are in, you are right Joppa, they will really have to do their mathematics to sort this one out, for hopefully a good story ending for them both.


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## Halica (Sep 6, 2012)

Thank you very much for your helping me.i have been trying to find right way to go back to my wife but I think I will never go back there again because she doesn't earn £18600 per annum and soon she can't pay mortgage and the other bills.because she doesn't earn enough to pay all bills.she cant pay them without me.and then I wonder what will happen?who will help her? Maybe she can apply for Benefit.terrible situation for both of us.we are not happy.now I am waiting for some miracle.


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## ashkevron (May 1, 2012)

Halica said:


> Thank you very much for your helping me.i have been trying to find right way to go back to my wife but I think I will never go back there again because she doesn't earn £18600 per annum and soon she can't pay mortgage and the other bills.because she doesn't earn enough to pay all bills.she cant pay them without me.and then I wonder what will happen?who will help her? Maybe she can apply for Benefit.terrible situation for both of us.we are not happy.now I am waiting for some miracle.


Hi Halica,

Whining and complaining doesn't help, you need to think logically and meet the requirements. Which you and your wife CAN do. Getting all emotional does not impress the UKBA. People on this forum have been trying very hard to help you with ideas and suggestions. Waiting for a miracle does not help, you have to be able to rely on yourself. I would say this constitutes a part of integrating into the UK society... 

As far as I understand these rules and what Joppa has said and what is written in http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary what your wife needs to do is this:

She needs to move out of her house and rent a room bigger than 11 square metres (preferably a cheaper place). Then she needs to LET her house. In the meantime you can get a job in Turkey and help her with her mortgage by sending her money if she is struggling.

She needs to let the house for AT LEAST the amount necessary each month to get up to 18600 pounds a year total income. She needs basically to be able to let her entire house for the amount of approximately 650 pounds a month, assuming she is already earning around 11000 pounds a year. Then when she has the total income of 18600 and a necessary amount of time has passed (whether it's 6 months or a year, it will depend on how much money she lets her house for), you CAN apply for a spouse visa and will meet the financial requirement. Your wife however, will have to pay income tax for her TOTAL income, including the money she gets in rent.

There may be hoops you two must jump through, like she may need to get permission from her mortgage lenders to let her house, and she will have to check that her future landlord is happy for the two of you to live in her new rented accommodation, but everyone on this forum has some hoops they must jump through. 

The other option is that your wife gets a part time job and to hold it for a year, to make up the total of 18600 pounds a year. Or a mix of both of these options. You have other options available as well. She can leave her job and move to another EU country, get a job there and you can apply for the EEA family permit. There may also be an option (I am not 100% sure if this would work) that she can rent a completely separate house and then sublet it to raise her income level.

So if I understood things correctly, your problem is solvable, you'll have to adjust to the new regulations and spend some time apart, but that's not the end of the world...


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## Halica (Sep 6, 2012)

Thank you very much for your helping me.i know my situation is very difficult to get to visa now.my wife's job is not a good job so she can't earn enough money.and you know it is not easy to find a job in uk right now.probably she can't find another job to increase her income and then I won't get the visa.so she will be there and I will be here.but now I really missed her so much so I want to apply for touristic visa to see her soon.but I don't know whether it is easy or not to get this visa.also I am thinking another option that is If I find a company in turkey that it has a branch in Edinburgh and if this company give me a job and send me to Edinburgh to work there .can I change my visa from work to spouse.or do you have any advice about it.thanks


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## Halica (Sep 6, 2012)

Also I would like to know something too.could you help me please?for example my wife earns 9000 per annum and she has £42000 in her account.if she rent a house and never touch this money 6 months and then can I apply for the visa and is it possible to get the visa?thanks


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## Halica (Sep 6, 2012)

Hi again
Is there anyone to answer my question? I need your help please help me.thanks


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## 2farapart (Aug 18, 2011)

Halica said:


> Hi again
> Is there anyone to answer my question? I need your help please help me.thanks


By calculation, you need £40,000, which you will have. If your wife can rent somewhere without ever touching that money, AND can rent somewhere where you can join her, you meet the financial requirement provided she's been earning £9000 for at least six months. To be safe, your wife will need a letter from her landlord stating that it is fine for you to join her, and a housing report which can be obtained either from the local authority or a local estate agent for a fee which will be used to satisfy the UKBA on the general state of the property and that there is no overcrowding.

One thing to watch is that, unless you are able to find employment that will meet the remaining £9,600, you will need to keep the savings untouched for the next visa in 2.5 years time. So I'd recommend not touching that money until you are established in the UK and have found some reliable employment.

Good luck!


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## Halica (Sep 6, 2012)

Thank you 2farapart for your help
I know i am asking so much question sorry about that. she sold our house and we have £42000 now.and she put this money to her account.and she will rent a house and I will sent money to her from turkey o her to pay the rent.we won't touch this money 6 months.she has permanent job and has been working same company for 8 years.i told above my wife earns £9000 per annum.and 6 months later can I apply for the visa after 6 months with this financial situation.do we need to have any money or this is enaugh for the visa?also before 6 months is it possible to apply it?thanks


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## Halica (Sep 6, 2012)

Also could you tell me please my wife must earn £18600 per annum with tax or without tax?for example she gets normally £750 monthly but her pay slips shows more than this with tax.thanks


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## Joppa (Sep 7, 2009)

Halica said:


> Thank you 2farapart for your help
> I know i am asking so much question sorry about that. she sold our house and we have £42000 now.and she put this money to her account.and she will rent a house and I will sent money to her from turkey o her to pay the rent.we won't touch this money 6 months.she has permanent job and has been working same company for 8 years.i told above my wife earns £9000 per annum.and 6 months later can I apply for the visa after 6 months with this financial situation.do we need to have any money or this is enaugh for the visa?also before 6 months is it possible to apply it?thanks


Should be sufficient as you've been told. No you have to wait 6 months for the savings to stay in your account.


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## Joppa (Sep 7, 2009)

Halica said:


> Also could you tell me please my wife must earn £18600 per annum with tax or without tax?for example she gets normally £750 monthly but her pay slips shows more than this with tax.thanks


Before tax.


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## Halica (Sep 6, 2012)

Hi sorry I want to be sure that.you said before tax.for example her pay slip shows that she earns £1100 but after tax she gets £750 or £800. So It means she earns nearly £13200 per annum doesn't it? Did I misunderstand or not? Thanks


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## 2farapart (Aug 18, 2011)

Halica said:


> Hi sorry I want to be sure that.you said before tax.for example her pay slip shows that she earns £1100 but after tax she gets £750 or £800. So It means she earns nearly £13200 per annum doesn't it? Did I misunderstand or not? Thanks


 In that case, the figure your wife earns (for the purpose of the visa) is £13,200 because UKBA uses the amount earned _before_ tax as Joppa stated. This means you only need £29,500 saved for 6 months. Yes, she'll need this kept in an account untouched for at least 6 months before you apply, but it does mean you comfortably meet the financial requirement.


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## Halica (Sep 6, 2012)

Hi again 
I would like to ask you another question.does only my wife has to show money in he account?if we had a join account they can accept that too or only she has to own her account?or if I had £20000 in my account and she has £20000 in her account.can we meet the financial requirement like that or we have to keep all of them in her account?


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## ashkevron (May 1, 2012)

Halica said:


> Hi again
> I would like to ask you another question.does only my wife has to show money in he account?if we had a join account they can accept that too or only she has to own her account?or if I had £20000 in my account and she has £20000 in her account.can we meet the financial requirement like that or we have to keep all of them in her account?


As long as the money is untouched for 6 months, it can be held in your account, your wife's account or a joint account.


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## 2farapart (Aug 18, 2011)

A joint account is absolutely fine.


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## Halica (Sep 6, 2012)

Can we keep the money half and half in separate account?and do you think it wont be a problem to get visa? Thank you


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## ashkevron (May 1, 2012)

Halica said:


> Can we keep the money half and half in separate account?and do you think it wont be a problem to get visa? Thank you


Yes, you can. No it won't be a problem.


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## Halica (Sep 6, 2012)

Thanks for all of you.you are great people to help me and lots of like me.thank you so much for your helps.i hope I can get the visa and I can send you a small gift to thank you.....


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