# UK Spouse Visa - Help needed



## Zippy0n (Jun 3, 2013)

Hello people 

My name is Dave (British) and I have falling in love with an American girl, we met online and met in person for the first time in may after talking online/skyping for 5ish months, before we even met we knew we were for each other and the meeting in person has only made our relationship very strong, I proposed while out there and she said YES so happy days . A fiancé Visa for her to come to the UK seems too much hassle, so we've decided to get married in the states because of ease. shortly she will be coming over to see England and its beauties and thus sort out the Spouse Visa for what we intend for her to do to get here over with me as man and wife etc, we've already read that we should log all receipts of gifts for each other, the engagement ring etc as we still need to prove our relationship to the British authorities even though we're still married. We plan to get married in mid August

Here are some questions....

1. As the sponsor I will require at least 6 months worth of payslips, I have these and over the required £18,600, however my P60 (latest) states I have been earning under the required amount, am I reading the P60 wrong or should I not include this in my application as the sponsor?

2. When married, does my wife have to get a new passport with her new married name before she can apply for the Spouse Visa? or can she remain on her single name?

3. If she did remain with her single name and thus the visa issued in her single name, and she wanted to change her name to our married name and get a new passport with her name married name, would this cancel out the old passport with her single name?


4. She will be applying within the US, is there a way to book an appointment and do some sort of fast track in person? (ive heard of people do this, but it could of changed of course)

5. is there a fast track system via the online application process?


Thank you so much for your time!

Any help or guidance is much appreciated!


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## Water Dragon (Jun 28, 2011)

*And so it begins....*



Zippy0n said:


> Hello people
> 
> Here are some questions....
> 
> ...


Spend as much time as you can here, reading as many posts as you can about what to do and NOT do with your application. The experienced posters here can help you immensely.

Good luck and congratulations!
Laurel


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## Water Dragon (Jun 28, 2011)

Sorry.....I didn't use the "Quote" function quite right.....my answers are immediately after your questions. 

L.


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## nyclon (Apr 3, 2011)

Zippy0n said:


> Hello people
> 
> My name is Dave (British) and I have falling in love with an American girl, we met online and met in person for the first time in may after talking online/skyping for 5ish months, before we even met we knew we were for each other and the meeting in person has only made our relationship very strong, I proposed while out there and she said YES so happy days . A fiancé Visa for her to come to the UK seems too much hassle, so we've decided to get married in the states because of ease. shortly she will be coming over to see England and its beauties and thus sort out the Spouse Visa for what we intend for her to do to get here over with me as man and wife etc, we've already read that we should log all receipts of gifts for each other, the engagement ring etc as we still need to prove our relationship to the British authorities even though we're still married. We plan to get married in mid August
> 
> ...


You need the most recent 6 month's pay slips. Each must show that you are earning £1550/month or more.



> 2. When married, does my wife have to get a new passport with her new married name before she can apply for the Spouse Visa? or can she remain on her single name?


It's her choice whether she wants to change name. The spouse visa will be issued in the name on her passport.



> 3. If she did remain with her single name and thus the visa issued in her single name, and she wanted to change her name to our married name and get a new passport with her name married name, would this cancel out the old passport with her single name?


Of course it would.




> 4. She will be applying within the US, is there a way to book an appointment and do some sort of fast track in person? (ive heard of people do this, but it could of changed of course)


There are no in person appointments in the US for settlement visas.



> 5. is there a fast track system via the online application process?


You can pay extra for priority processing which puts your application at the front of the queue.


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## Zippy0n (Jun 3, 2013)

Regarding the payslip, isnt the required £18,600 before or after tax? my basic pay is 19,126 (plus milage allowance), so this wouldnt cover it?


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## Zippy0n (Jun 3, 2013)

Double post, apologies.


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## nyclon (Apr 3, 2011)

Your pay slips need to show gross income of £1550/ month or more for 6 consecutive months.


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## Zippy0n (Jun 3, 2013)

they dont, so I would need to show my savings? ie ignore the first 16,000 then take whats left and divide by 2.5 and this should cover the shortfall just for those 6 months of payslips?

Dave


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## Water Dragon (Jun 28, 2011)

*Before taxes*



Zippy0n said:


> Regarding the payslip, isnt the required £18,600 before or after tax? my basic pay is 19,126 (plus milage allowance), so this wouldnt cover it?


The 1,550 per month (for 6 months) is the equivalent to 18,600/year divided by 12 months. Yes, this is before taxes, and if your employment contract or letter includes the extra pay for mileage, then it will count also.

The confusion is often due to the 2 ways of qualifying financially - A or B. You may want to read some of the posts that explain the differences. Using method A, you only need 6 months of most recent payslips, as long as none of the 6 fall below the 1,550 minimum amount for the month.

All of this is confusing but by reading through the posts here and asking questions, the experienced mods can help you get through it.

Hang in there!
Laurel


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## AmyD (Jan 12, 2013)

You misunderstand the savings requirement. It is 16,000 + the shortfall x 2.5. Not divide - multiply. And the shortfall must cover the entire year.


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## Zippy0n (Jun 3, 2013)

Hi guys some more questions, thanks for the time taken to read in advance! 

1.I've read that as brit (or any foreign person) can marry a US citizen in the USA on the ESTA waiver program as long as they can prove they will return to their home country, is this true?

2. I know as the sponsor I need to full the requirement of 6 months + of payslips and bank statements matching my pay etc, but what does my wife to be have to prove? Does my wife to be need to prove she is able to work and willing etc and provide checking accounts for the supporting documents?


3.When looking at guidance for filling in the application for the spouse visa, I’m aware of the FM 1.7 for the financial requirements, what other documents would you recommend to view? I cant seem to find any info they require on the accommodation side, any help would be greatly appreciated!

4.My wife to be is American, do we need to fill out the appendix 2 for our application?

5.In terms of proving the relationship, which are the most crucial elements to this? I know we need photos of us together, Skype calls and messages and Facebook messages?


Thanks in advance for the time taken to look at these questions! 

Dave


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## Joppa (Sep 7, 2009)

Zippy0n said:


> Hi guys some more questions, thanks for the time taken to read in advance!
> 
> 1.I've read that as brit (or any foreign person) can marry a US citizen in the USA on the ESTA waiver program as long as they can prove they will return to their home country, is this true?


Yes. Just check with local courthouse what documents they require from the foreign party. Usually it's just the passport. Blood test may be required in some states.



> 2. I know as the sponsor I need to full the requirement of 6 months + of payslips and bank statements matching my pay etc, but what does my wife to be have to prove? Does my wife to be need to prove she is able to work and willing etc and provide checking accounts for the supporting documents?


No. It's 100% sponsor's responsibility. The only two ways she can contribute to the financial requirement are through savings, and if she is already in UK on a visa that allows her to work. Otherwise UKBA won't be interested in her CV or job prospect, though you have to state her current job (if any).



> 3.When looking at guidance for filling in the application for the spouse visa, I’m aware of the FM 1.7 for the financial requirements, what other documents would you recommend to view? I cant seem to find any info they require on the accommodation side, any help would be greatly appreciated!


Look at the full list in UK Border Agency | Chapter 8 - Appendix FM (family members). Plus the VAF4A application form gives a clue to what details they require.



> 4.My wife to be is American, do we need to fill out the appendix 2 for our application?


Yes, it's required. There is no online form, so download it, complete by hand and enclose it with other documents.



> 5.In terms of proving the relationship, which are the most crucial elements to this? I know we need photos of us together, Skype calls and messages and Facebook messages?


Look at 'genuine relationship' under the guidance. I think the most important is concrete evidence of commitment and deepening relationship, such as trips taken together, joint financial responsibility such as investment, insurance and savings, and letters of introduction and sponsorship which give each of you chance to describe your relationship from own standpoint and factors that bind you together such as shared interests, outlook, philosophy and belief.


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## Zippy0n (Jun 3, 2013)

Many thanks Joppa for the reply! I have a couple more questions...

1. while I go over there get married etc, we plan to apply for the Spouse Visa almost straight away, can I (the sponsor) be in America when we apply or do I have to be in the UK in order for her to apply?

2. All my payslips indicate I have got at least 1550 per month on them before tax (as required) however my P60 tells me I earnt roughly, £18,000 last year, is this a problem? would I need to make up the shortfall even though I have been paid over the required amount on my payslips?


Thanks very much!!!!!

Dave


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## Joppa (Sep 7, 2009)

Zippy0n said:


> Many thanks Joppa for the reply! I have a couple more questions...
> 
> 1. while I go over there get married etc, we plan to apply for the Spouse Visa almost straight away, can I (the sponsor) be in America when we apply or do I have to be in the UK in order for her to apply?


It's fine for you to be in US when she applies. 



> 2. All my payslips indicate I have got at least 1550 per month on them before tax (as required) however my P60 tells me I earnt roughly, £18,000 last year, is this a problem? would I need to make up the shortfall even though I have been paid over the required amount on my payslips?


To make things crystal clear, attach a note explaining why P60 only shows £18k (such as pay rise during the year and how your pay slips only reflect increased pay etc).


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## Zippy0n (Jun 3, 2013)

Thank you Joppa!! a couple more questions...

1. Regarding the P60, as it states I get £18,000 for the last year, payroll said that the P60 only shows taxable money and that the money that I pay into the pension (which is part of my salary) isn't shown, would the UKBA accept this? (all my payslips show I get over the £18,600)

2. Im aware that my wife to be has to provide a planned flight itinerary, this im assuming is when the visa will be issued for her to travel to the UK on the spouse visa? What do people recommend for this? 2 months from the date of application?

3. Does the applicant (my wife to be) have to prove she has willingness to work when she arrives in the UK? or is this not necessary?


Thank you again for your time!


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## nyclon (Apr 3, 2011)

Zippy0n said:


> Thank you Joppa!! a couple more questions...
> 
> 1. Regarding the P60, as it states I get £18,000 for the last year, payroll said that the P60 only shows taxable money and that the money that I pay into the pension (which is part of my salary) isn't shown, would the UKBA accept this? (all my payslips show I get over the £18,600)
> 
> 2. Im aware that my wife to be has to provide a planned flight itinerary, this im assuming is when the visa will be issued for her to travel to the UK on the spouse visa? What do people recommend for this? 2 months from the date of application?


You can apply no more than 3 months before you intend to travel. All you need is a print out of potential itinerary of when you hope to travel. Don't book anything. 



> 3. Does the applicant (my wife to be) have to prove she has willingness to work when she arrives in the UK? or is this not necessary?


No.


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## sghughes42 (May 27, 2013)

Zippy0n said:


> Thank you Joppa!! a couple more questions...
> 
> 1. Regarding the P60, as it states I get £18,000 for the last year, payroll said that the P60 only shows taxable money and that the money that I pay into the pension (which is part of my salary) isn't shown, would the UKBA accept this? (all my payslips show I get over the £18,600)


Are you on some sort of salary sacrifice scheme for your pension? We changed to this at my old employer and it caused no end of hassle for the employees - for example, mortgage companies now think you are earning less so mortgages and loans you apply for are more limited. (It's a great deal for the more highly paid accountants and directors who signed up to it as they pay less higher rate tax...)

We were told that the company would supply a letter on request stating the actual salary and the reasons for the reduced amount being shown. Worth an ask, I don't know how much weight this would hold with UKBA though.


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## Zippy0n (Jun 3, 2013)

Yea I pay a certain amount each month to the local government pension, but still my pay is over the 18,600, each payslip I have shows that I get over the £1550 Gross per month, am I looking at the P60 correctly? at the bottom right it states...

Pay (£ and P)

17986.24

Tax Deducted (£ and P)

2363.40


Would the ECO add these two figures to get the gross or would they only take the Pay I received? its kinda hard to understand these P60's



Thanks for your time!!

Dave


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## sghughes42 (May 27, 2013)

Assuming you get the same style of P60 as me, the figure under 'Pay' is the gross and the tax is what is deducted from that. Therefore, no, they won't add the two figures.

The problem with a salary sacrifice scheme (assuming that is what you are on) is that the pension contributions are taken out before you are paid. Actually, technically, you 'sacrifice' a certain amount on salary on the understanding that your employer will pay it in to the pension scheme. In effect, you take a pay cut and get a pension in return.

The alternative is that you get taxed on your gross but the pension scheme then claims back the tax on anything you pay in. Most these days seem to prefer salary sacrifice, I guess it is easier to administer.

This may be your undoing I'm afraid. You will need to get some expert advise as to whether there is any way to use the pension contributions as part of your income. I recall we were told when we moved to a salary sacrifice scheme that while mortgage providers didn't have to, most would do if the employer provided a letter explaining the situation. When it comes to a 'legal' situation, who knows what will apply?


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## Water Dragon (Jun 28, 2011)

*If you use savings to make up the difference:*



Zippy0n said:


> Yea I pay a certain amount each month to the local government pension, but still my pay is over the 18,600, each payslip I have shows that I get over the £1550 Gross per month, am I looking at the P60 correctly? at the bottom right it states...
> 
> Pay (£ and P)
> 
> ...


You would need to use this formula to figure the total amount of savings needed to be untouched for 6 months:
(Required Income) 18,600 - (current income) 17,986 = 614 X 2.5 = 1,535 + (base amount) 16,000 = 17,535 total savings required. 

It is too bad you are only slightly shy of the 18,600.  
Could you do overtime, or a part time job for 6 months to bring it up? Of course, this is IF your pension can't be counted in any way and I have no knowledge about that. 
Hope it works out somehow for you. :fingerscrossed:


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## Zippy0n (Jun 3, 2013)

If the pension cant be counted towards the pay, could I do like you suggested and use my savings as well as category A? I have the required amount of savings untouched for 6 months


Dave


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## Joppa (Sep 7, 2009)

Yes you can. It will be Cat A (or B) plus D.


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## Zippy0n (Jun 3, 2013)

Do ISA accounts count towards savings or just a standard savings account?

Dave


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## Joppa (Sep 7, 2009)

Cash ISA is fine if it's instant access with or without penalty.


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## Zippy0n (Jun 3, 2013)

Joppa, thanks again! Couple more questions,

1. With my ISA, it been in my name, untouched for over 6 months, but the money wasn't originally mine, it was inheritance that my mother and father owned and they have given it to me around 4 years ago, do I need a bank statement showing the money going from my mum and dads account to my account even though its way past before the 6 month mark?

2. I need roughly 17,500 to qualify for the financial requirement only because my P60 shows me below the 18,600 mark, my payslips however show I have above this requirement for over the past 6 months, and because of this will need to probably delve into my savings to meet this, I have way over the needed 17,500 but had withdrawn around a 1k this may, even though this came no where near to the 17,500, would the account be classed as "touched" and therefore not be counted?

3. I need letters from the person who issued my payslips to vouch their authenticity etc, does this have to be payroll or can it be anyone higher than me? ie my manager?

4. Does the letter from my employer confirming the authenticity of the payslips and the bank statements from the bank have to be dated within the 28 day period as per required of the actual bank statements and payslips themselves?


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## Joppa (Sep 7, 2009)

Zippy0n said:


> Joppa, thanks again! Couple more questions,
> 
> 1. With my ISA, it been in my name, untouched for over 6 months, but the money wasn't originally mine, it was inheritance that my mother and father owned and they have given it to me around 4 years ago, do I need a bank statement showing the money going from my mum and dads account to my account even though its way past before the 6 month mark?


Just a letter from them confirming the gift should do. 



> 2. I need roughly 17,500 to qualify for the financial requirement only because my P60 shows me below the 18,600 mark, my payslips however show I have above this requirement for over the past 6 months, and because of this will need to probably delve into my savings to meet this, I have way over the needed 17,500 but had withdrawn around a 1k this may, even though this came no where near to the 17,500, would the account be classed as "touched" and therefore not be counted?


You shouldn't have to rely on savings if you have last 6 months' pay slips and bank statement showing £1,550 or more each month despite what your P60 says. Attach a note explaining why, such as pay rise or lower monthly pay more than 6 months ago, attaching relevant salary slip(s). If you still want to go with Cat A + C, your withdrawal doesn't matter as your balance never fell below the level you are relying on. 



> 3. I need letters from the person who issued my payslips to vouch their authenticity etc, does this have to be payroll or can it be anyone higher than me? ie my manager?


Only if the slips aren't on company stationery but you downloaded and printed out yourself, or they don't give company name. Payroll or senior manager can authenticate if necessary. 



> 4. Does the letter from my employer confirming the authenticity of the payslips and the bank statements from the bank have to be dated within the 28 day period as per required of the actual bank statements and payslips themselves?


No, provided they are up to date.


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## Zippy0n (Jun 3, 2013)

Hi Guys, 

Just wondering, where is the list for the applicants required supporting documents? obviously the Sponsor is the majority, but Im almost losing my mind trying to figure it out, any help would be appreciated!

Dave


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## Zippy0n (Jun 3, 2013)

Hi any help would be greatly appreciated, a couple more questions

1.The final payslip needed will arrive at work when I’m in the states, but head of payroll can print off a copy of my payslip and sign it as official, will this hold weight with the UKBA? (The rest of my payslips will be official headed)

2.I know that the payslips and bank statements have to be within 28 days of the online application, but does the last bank statement have to show the latest payslip even though the bank statement is issued before the payslip? (even though they both fall within the 28 day limit)


Thanks 

Dave


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