# Applying for UK Spouse Visa



## appletart (Jul 21, 2011)

Hi all!! got married to my American wife last week, and we will be applying for a UK spouse visa. Quick question, we will be obviously sending off her passport with her application, but it has her maiden name on still. Is it best to get new passport with her married name on first, or send off her current passport?

much thanks!


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## Joppa (Sep 7, 2009)

appletart said:


> Hi all!! got married to my American wife last week, and we will be applying for a UK spouse visa. Quick question, we will be obviously sending off her passport with her application, but it has her maiden name on still. Is it best to get new passport with her married name on first, or send off her current passport?


Current passport in maiden name is fine. What I suggest you do is to get a new passport in married name during the two-year probationary period and then submit that for settlement (indefinte leave to remain). In the meantime, carry both passports for international travel.
You can, if you like, get a new passport in married name before applying for spouse visa, but expect a processing time of several weeks for a new passport.


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## appletart (Jul 21, 2011)

Joppa said:


> Current passport in maiden name is fine. What I suggest you do is to get a new passport in married name during the two-year probationary period and then submit that for settlement (indefinte leave to remain). In the meantime, carry both passports for international travel.
> You can, if you like, get a new passport in married name before applying for spouse visa, but expect a processing time of several weeks for a new passport.


Thanks! So marriage licence has arrived. We haven't done anything else yet, where would people recommend we go from here?


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## Joppa (Sep 7, 2009)

appletart said:


> Thanks! So marriage licence has arrived. We haven't done anything else yet, where would people recommend we go from here?


Preparae your supporting documents.
Make online booking.
Book and attend biometrics appointment.
Send off your supporting documents.

I assume you are in US.


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## BandJ (Apr 20, 2012)

Hi forum!


Apologies for probably doing this the wrong-way-round (I am the UK husband of a US resident) but we are about to apply for a Spousal Visa and need a few pointers (surprise surprise)...

For example, it might seem an obviously daft question, but does my wife have to do the applying from the US or can I do a fair bit of it here, since it'll end up in the UK anyway?

As I'm on a fairly low wage with 2 under-18s, we're also concerned about how much and what income the UKBA will accept, given that I have maintenance contribution from my ex, Work&Child Tax Credits which make up the end-of-day total. My fall-back is a 3rd party sponsor (my father). 
Also, my wife was recently "let go" by her employer and is concerned that this might be seen in the negative, so with marketing/events co-ordination in her resume, shouldn't her employment prospects counter that? (In fact, the job set-back was what decided which direction we would take!)

All advice gratefully accepted.


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## nyclon (Apr 3, 2011)

Where is your wife now? Is she in the UK on a Fiancé visa? If so then she applies for further leave to remain here in the UK. If you got married in the US, then she has to apply for a spousal visa in the US which is her normal place of residence.

It's your income that matters unless your wife has a confirmed job offer in the UK.


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## BandJ (Apr 20, 2012)

My wife is in Minnesota. We got married in the US last June.
I was there last March, May/June, October and this month. She was over here in Nov and again at Xmas. Those gaps are killers.






nyclon said:


> Where is your wife now? Is she in the UK on a Fiancé visa? If so then she applies for further leave to remain here in the UK. If you got married in the US, then she has to apply for a spousal visa in the US which is her normal place of residence.
> 
> It's your income that matters unless your wife has a confirmed job offer in the UK.


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## AnAmericanInScotland (Feb 8, 2012)

BandJ said:


> Hi forum!
> 
> 
> Apologies for probably doing this the wrong-way-round (I am the UK husband of a US resident) but we are about to apply for a Spousal Visa and need a few pointers (surprise surprise)...
> ...


The online application, payment of fees, setting of biometric appointment, and then the sending off of all the paperwork must be done from the US by your wife. 

Her recent job setback shouldn't be a problem at all. I've read posts here from several applicants who were worried that joblessness would be and were relieved to find that wasn't the case.

The maintenance income requirements for couples with dependent children is beyond me, I'm sure one of the mods will be along soon to share their considerable knowledge on that one for you.


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## appletart (Jul 21, 2011)

Which visa do I actually apply for? is this correct 

"This online form is based on the paper document VAF4A Settlement. You should only use this online form if you are coming to the UK to settle.
Sponsorship Undertaking Form (SU07)"


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## AnAmericanInScotland (Feb 8, 2012)

appletart said:


> Which visa do I actually apply for? is this correct
> 
> "This online form is based on the paper document VAF4A Settlement. You should only use this online form if you are coming to the UK to settle.
> Sponsorship Undertaking Form (SU07)"


VAF4A-online application form for spouse applying from outside UK:

The VAF4A is the form your wife fills out online-she fills it out and when she reaches the end and hits submit. At that point she pays the fees and makes an appointment for the biometrics taking. Then she prints the application form, and after attending the biometrics appointment, mails the form and all the supporting documents to the New York consulate address for processing.

SUO7-printed out from UKBA site, filled in by UK citizen who is spouse and sponsor; must be signed (NOT e-sig, must be 'real') and attached to print-out of VAF4A as part of the supporting documents:

It's better that you fill out the sponsor form before she begins the application process, frankly. We didn't know about it until we'd already started the process and it was a very nervous time waiting for that to arrive from my husband in the UK!

I'm relating our experience as we moved through the application process over a year ago. Luckily if I've missed something or am (gasp) wrong, someone will be along to correct me very soon


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## Joppa (Sep 7, 2009)

AnAmericanInScotland said:


> VAF4A-online application form for spouse applying from outside UK:
> 
> The VAF4A is the form your wife fills out online-she fills it out and when she reaches the end and hits submit. At that point she pays the fees and makes an appointment for the biometrics taking. Then she prints the application form, and after attending the biometrics appointment, mails the form and all the supporting documents to the New York consulate address for processing.
> 
> ...


SU07 is only completed, usually optionally, by external sponsors, such as family or relatives of UK sponsor who are offering to support financially. It isn't filled by UK sponsor (partner/spouse), as they complete the sponsor's section of the application form VAF4A. Completing SU07 by UK sponsor won't invalidate the application - it's just that it will be ignored, as it's duplicating efforts.


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## BandJ (Apr 20, 2012)

Thanks for that! 

I'm keen to know if anyone has an opinion on using paid help to facilitate the process - How many used an agency to help the application or how many went it alone?





AnAmericanInScotland said:


> The online application, payment of fees, setting of biometric appointment, and then the sending off of all the paperwork must be done from the US by your wife.
> 
> Her recent job setback shouldn't be a problem at all. I've read posts here from several applicants who were worried that joblessness would be and were relieved to find that wasn't the case.
> 
> The maintenance income requirements for couples with dependent children is beyond me, I'm sure one of the mods will be along soon to share their considerable knowledge on that one for you.


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## Joppa (Sep 7, 2009)

BandJ said:


> Thanks for that!
> 
> I'm keen to know if anyone has an opinion on using paid help to facilitate the process - How many used an agency to help the application or how many went it alone?


Unless you have most unusual situation, such as serious criminal conviction or history of immigration offences, you should be able to do your application without any external paid help. If stuck, just ask here for free and usually reliable advice!


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## BandJ (Apr 20, 2012)

I hope so, Joppa! I'm just concerned about what is acceptable income, since mine is made up of regular pay, working tax credits, child maintenence etc..

I think the official (lack of) information has bred an industry based on doubt and uncertainty... which for some reason makes me think of the philosophers in Hitch-hiker's Guide To The Galaxy.. plus Ms May's rumoured plans to import only the wealthy from June frankly scares me.





Joppa said:


> Unless you have most unusual situation, such as serious criminal conviction or history of immigration offences, you should be able to do your application without any external paid help. If stuck, just ask here for free and usually reliable advice!


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## Fairydust (Apr 26, 2012)

*Spousal Visa for the UK*

I am a South African citizen and I got married to a UK National in August 2011 (in South Africa). We then moved to Taiwan, where we live together. Unfortunately, he is not on a spousal visa in Taiwan. He opted to do visa runs every three months.

This is our situation:

1) We got married in South Africa and I work in Taiwan, I have read that I am eligible to apply in Taiwan for my UK spousal visa. Do you think I should go back to South Africa to apply from my country of origin?

2) My husband will return to the UK on 04/29 to look for an apartment and find a job. He is employable but has been self-employed for the past 9 months. What supporting documents do we need to prove that we won't be living off the dole?

3) I am employable, as I'm a qualified teacher. Do I have to prove that I will be able to get a job on arrival in the UK?

4) Does anyone know how long the visa process will take as my Taiwanese visa ends 08/31.

Please help any advice will help at this stage.


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## Joppa (Sep 7, 2009)

Fairydust said:


> *Spousal Visa for the UK*
> 
> I am a South African citizen and I got married to a UK National in August 2011 (in South Africa). We then moved to Taiwan, where we live together. Unfortunately, he is not on a spousal visa in Taiwan. He opted to do visa runs every three months.
> 
> ...


If you are on a long-term visa (not 'visa runs'), then you should be able to apply to UKBA in Taiwan. 



> 2) My husband will return to the UK on 04/29 to look for an apartment and find a job. He is employable but has been self-employed for the past 9 months. What supporting documents do we need to prove that we won't be living off the dole?


Details of his current employment/self-employment and income details (wage slips, bank statement), plus his CV showing job prospect in UK. Some details of vacancies he may be qualified to apply for may be helpful, with salary offered.



> 3) I am employable, as I'm a qualified teacher. Do I have to prove that I will be able to get a job on arrival in the UK?


You can only work as unqualified teacher in state schools, as your teaching qualification isn't recognised in UK. You can, however, work in private schools, as well in support capacity, as private tutors etc. Just do the same: enclose your CV and sample teaching vacancy at a private school. Many are advertised on The TES - Education Jobs, Teaching Resources, Magazine & Forums under 'Jobs'. 



> 4) Does anyone know how long the visa process will take as my Taiwanese visa ends 08/31.


Latest processing time in Taiwan for settlement visa is between 15 to 40 working days (3 to 8 weeks), so you should be ok but I suggest you apply without delay, as visa rules are set to change in June and it may be more difficult to get your visa then.
They are introducing a priority service for extra fee from 1st May. Fee is 4000 TWD and processing time is reduced to mere 3-4 days.
See further details of how to apply for visa in Taiwan in UK Border Agency | UK Border Agency in Taiwan English


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## BandJ (Apr 20, 2012)

As it transpires, my wife had problems with her drivers license in the past.
She was stopped once and didn't have her docs with her (in the UK, that's no biggie, since you then get 7 days to produce them at a police station, if memory serves) but in the US, it's an offence. Then for some reason I can't recall, but probably due to a change of address causing mail delivery issues, the authorities pulled her license and she wasn't aware so then was hit with a driving-without-insurance. She currently has to pay a penalty to get her license reinstated.
As a result of that, we're worrying that UKBA will not look kindly on these transgressions.
Any experience of how the UKBA regard such?






Joppa said:


> Unless you have most unusual situation, such as serious criminal conviction or history of immigration offences, you should be able to do your application without any external paid help. If stuck, just ask here for free and usually reliable advice!


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## Joppa (Sep 7, 2009)

BandJ said:


> As it transpires, my wife had problems with her drivers license in the past.
> She was stopped once and didn't have her docs with her (in the UK, that's no biggie, since you then get 7 days to produce them at a police station, if memory serves) but in the US, it's an offence. Then for some reason I can't recall, but probably due to a change of address causing mail delivery issues, the authorities pulled her license and she wasn't aware so then was hit with a driving-without-insurance. She currently has to pay a penalty to get her license reinstated.
> As a result of that, we're worrying that UKBA will not look kindly on these transgressions.
> Any experience of how the UKBA regard such?


Impossible to be certain. You just have to declare it in section 6.9 of VAF4A application form (or online version of it) and hope for the best. What I suggest your wife should do is to supply a covering letter describing the circumstances of her offence, how it happened, that she takes full responsibility, that there was no criminal intent, she has learnt from it and wants to move on. I suggest she pays the penalty to get her license back to bring closure to the whole incidence. Provided she is honest and is seen to be acting with integrity, I'd have thought it shouldn't affect her application, but I don't make the decision. Criminal conviction will be taken more seriously when it comes to apply for settlement - indefinite leave to remain in two years. A recent history of drink-drive (DUI) can disqualify.


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## appletart (Jul 21, 2011)

AnAmericanInScotland said:


> VAF4A-online application form for spouse applying from outside UK:
> 
> The VAF4A is the form your wife fills out online-she fills it out and when she reaches the end and hits submit. At that point she pays the fees and makes an appointment for the biometrics taking. Then she prints the application form, and after attending the biometrics appointment, mails the form and all the supporting documents to the New York consulate address for processing.
> 
> ...


Ah, so please can you confirm, not only does my wife have to fill out her form, but I need to fill out one myself?? I didnt know that! didnt see any where on site! better find that and do that now, as already filled out her form! 

Next question, does my birth certificate need to be sent off? or can a copy of it be sent? also, I know she has to send her passport, does she need to send some sort of copy off, else they will keepher passport?


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## AnAmericanInScotland (Feb 8, 2012)

appletart said:


> Ah, so please can you confirm, not only does my wife have to fill out her form, but I need to fill out one myself?? I didnt know that! didnt see any where on site! better find that and do that now, as already filled out her form!
> 
> Next question, does my birth certificate need to be sent off? or can a copy of it be sent? also, I know she has to send her passport, does she need to send some sort of copy off, else they will keepher passport?


Scroll back up to where I posted that, because Joppa posted in that I was incorrect on that sponsor statement, and you don't need it. 

My husband and I misunderstood the instructions and thought that we did need to send it. So we sent it with the application and supporting documents and the UKBA did keep that (original and copy) but because of what Joppa said, lol, we now think the UKBA ignored it.

The reason we sent my husband's birth certificate was that he hasn't got a passport for us to send a copy of the bio page proving him a UKC; your wife (if I'm understanding correctly to be the visa applicant) needs to send her passport AND a photo copy of the bio pages.

They will put the visa sticker in her passport and return it to her, they will keep the copy for their records. 

Confused yet? :lol:

When in doubt, ALWAYS go with what Joppa or another mod has posted-that's why they are mods


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## appletart (Jul 21, 2011)

AnAmericanInScotland said:


> Scroll back up to where I posted that, because Joppa posted in that I was incorrect on that sponsor statement, and you don't need it.
> 
> My husband and I misunderstood the instructions and thought that we did need to send it. So we sent it with the application and supporting documents and the UKBA did keep that (original and copy) but because of what Joppa said, lol, we now think the UKBA ignored it.
> 
> ...


very confused! 

I put a photo copy of my passport in, is that going to be enough... Needed my passport to go back to the UK after the wedding so couldnt leave it :/


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## Joppa (Sep 7, 2009)

appletart said:


> very confused!
> 
> I put a photo copy of my passport in, is that going to be enough... Needed my passport to go back to the UK after the wedding so couldnt leave it :/


Just a photocopy of the bio pages of your British passport is fine, for reasons you describe.


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## BandJ (Apr 20, 2012)

Thanks for that. 

It's a $500 fine which on top of the Spousal Visa is not what we needed (or can afford TBH), but if it helps draw a line under the matter in the eyes of UKBA...
Having her licence back and entitled to drive would do that more, but I suspect that may involve non-drivers insurance too.

Do we know any more about that huge hike in sponsor requirements btw - does the application still have to get in under the June deadline? 





Joppa said:


> Impossible to be certain. You just have to declare it in section 6.9 of VAF4A application form (or online version of it) and hope for the best. What I suggest your wife should do is to supply a covering letter describing the circumstances of her offence, how it happened, that she takes full responsibility, that there was no criminal intent, she has learnt from it and wants to move on. I suggest she pays the penalty to get her license back to bring closure to the whole incidence. Provided she is honest and is seen to be acting with integrity, I'd have thought it shouldn't affect her application, but I don't make the decision. Criminal conviction will be taken more seriously when it comes to apply for settlement - indefinite leave to remain in two years. A recent history of drink-drive (DUI) can disqualify.


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## BandJ (Apr 20, 2012)

I probably "have the dumb" asking such an obvious Q, but is there a definitive list of supporting evidence that forum members have sent in (or are in the process of sending)?

My list thus far is:

Sponsor info: financial

1. Bank statements (3 or 6 months?)
2. Payslips (3 or 6 months?)
3. Savings docs (stating amount invested, what return range and date funds become fluid).
4. Employment contract showing existing or proposed increase in hours/pay.
5. P60?

Sponsor info: general

1. UK Passport Bio page (copy) to establish age of Sponsor.
2. evidence of genuine relationship (photos, correspondence)

Sponsor info: accommodation

1. Letter from Letting agent agreeing to Spouse taking up residence and showing longevity of lease.
2. Original letting agreement, stating size of property.

3rd Party Sponsor:

1. Bank statements clearly showing sufficient liquid assets.
2. Covering letter from 3rd Party Sponsor offering funds in support of application.

Supporting Evidence from Sponsored:

1. Two recent passport photos
2. Spouse's Passport
3. Evidence of age of both spouses
4. Marriage Certificate
5. Evidence spouses have met (better if duration of acquaintance too)

Evidence of English language ability not required, oddly enough. 

Anything missed or too much?





Joppa said:


> Preparae your supporting documents.
> Make online booking.
> Book and attend biometrics appointment.
> Send off your supporting documents.
> ...


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## Joppa (Sep 7, 2009)

BandJ said:


> Thanks for that.
> 
> It's a $500 fine which on top of the Spousal Visa is not what we needed (or can afford TBH), but if it helps draw a line under the matter in the eyes of UKBA...
> Having her licence back and entitled to drive would do that more, but I suspect that may involve non-drivers insurance too.
> ...


Nothing so far. UKBA is under pressure at the moment over huge passport lines at certain times at Heathrow due to staff cuts. I expect annoucement to be soon, unless postponed!


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## Joppa (Sep 7, 2009)

BandJ said:


> I probably "have the dumb" asking such an obvious Q, but is there a definitive list of supporting evidence that forum members have sent in (or are in the process of sending)?
> 
> My list thus far is:
> 
> ...


6 months will look better. Only cash savings taken into account, not notice a/c or long-term investment like stock and shares, unit trusts or pensions.



> Sponsor info: general
> 
> 1. UK Passport Bio page (copy) to establish age of Sponsor.
> 2. evidence of genuine relationship (photos, correspondence)


Birth certificate if you have it.



> Sponsor info: accommodation
> 
> 1. Letter from Letting agent agreeing to Spouse taking up residence and showing longevity of lease.
> 2. Original letting agreement, stating size of property.


Fine.



> 3rd Party Sponsor:
> 
> 1. Bank statements clearly showing sufficient liquid assets.
> 2. Covering letter from 3rd Party Sponsor offering funds in support of application.


OK.



> Supporting Evidence from Sponsored:
> 
> 1. Two recent passport photos
> 2. Spouse's Passport
> ...


Letter of support by your sponsor and letter of introduction by applicant. No longer than 2 sides of A4, you describe concisely your relationshiop from beginning to the present day, how you met, growing attraction to each other, engagement, marriage and hope and plan for the future - to settle as a couple in UK. Two versions should broadly agree, but without copying from each other. 
Address them to 'Entry Clearance Officer' and start like 'This is a letter of support for my spouse MN/letter of introduction for my spouse visa application. I first met/got into touch with...'


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## appletart (Jul 21, 2011)

My wife only has a certified copy of the wedding licence, does anyone if that is going to be adequate?


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## Joppa (Sep 7, 2009)

appletart said:


> My wife only has a certified copy of the wedding licence, does anyone if that is going to be adequate?


If it was issued by the state vital records office, then fine.


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## appletart (Jul 21, 2011)

is a photocopy of her birth certificate acceptable? as thats all she has. she has sent off her passport.


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## Joppa (Sep 7, 2009)

appletart said:


> is a photocopy of her birth certificate acceptable? as thats all she has. she has sent off her passport.


Passport alone is usually sufficient.


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## arsenal500 (Jun 28, 2012)

*Uk spouse visa big problems with online application form errors*



Joppa said:


> Passport alone is usually sufficient.


Hello, application was done for my wife on saturday and paid for online for her to come to the uk. booked biometrics already. 

but mistakes(4) were made on the form, am i able to rectify these on the form in pen or will the entry clearance officer refuse to amount of corrections? if we can still use the form can the corrections in the relecent sections. or not to touch that and add a message under the additional information?


if have to do another application, can we do one straight away and request refund/cancellation of one that was sent before? short time until 9th july 

does my wife need to give her id card for documents? she has to give passport, i am assuming she still needs some sort of identification with her.

also. does she hand in the supporting documents, to worldbridge when she goes for her biometrics, or it goes to some soft of embassy? if its the embassy, does the supporting documents have to be sent before the biometrics or can it be sent after?

this is such a hard time for both of us. stress is making me do mistakes, i hope somebody is able to help us.


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## AnAmericanInScotland (Feb 8, 2012)

arsenal500 said:


> Hello, application was done for my wife on saturday and paid for online for her to come to the uk. booked biometrics already.
> 
> but mistakes(4) were made on the form, am i able to rectify these on the form in pen or will the entry clearance officer refuse to amount of corrections? if we can still use the form can the corrections in the relecent sections. or not to touch that and add a message under the additional information?
> 
> ...


Make a thin single line in a contrasting ink (blue or red) through the error then either make the correction in the margin, or write 'see attached' and write the correction on a separate sheet of paper. Be sure to list the question number on the attached sheet to make it easier for the ECO to keep his/her place. Don't fret, they're used to corrections. 

The only identification your wife turns in is the passport. 

Where she turns in her hard copies depends on where she is. In the States the hard copies are couriered by the applicant (USPS, UPS, FedEx, etc) after the biometrics-the applicant attends the biometrics appointment and then takes their hard copies to the courier's offices.

In other countries, though, the process varies-at some biometrics appointments the money and the hard copies are turned in, in other countries the hard copies are checked and placed into an envelope the applicant then delivers to the courier. It all depends on where the applicant is at the time of the application.

You're not alone with the stress, most of us here know exactly what you're experiencing. Hang in there, you and your wife will get through this


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## MacUK (Jul 3, 2012)

Hi everyone! I just registered, so obviously i have a few questions, would be grateful if you could clear them up  
I am the wife of a British citizen. We have been married for 1 year and 3 months and we have a daughter who is also a British citizen. We got married in Macedonia (Former Yugoslav Republic), and lived there for 1 year, where our daughter was born. My husband went back to the UK, got a permanent job, and a place to stay, which is suitable for myself and our daughter. So, now all we have to do is join him. We (me and our daughter) are still in Macedonia, my daughter automatically became a British citizen and is the holder of a British passport, while I am not, and i require a spouse visa. So my question is, what will the procedure be in our case, since we lived together for over a year, we have a child, my husband worked in Macedonia during that time....? And how soon can we join him, since he has been back in the UK for a month only? Thank you so much!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Hi everyone! I just registered, so obviously i have a few questions, would be grateful if you could clear them up
> I am the wife of a British citizen. We have been married for 1 year and 3 months and we have a daughter who is also a British citizen. We got married in Macedonia (Former Yugoslav Republic), and lived there for 1 year, where our daughter was born. My husband went back to the UK, got a permanent job, and a place to stay, which is suitable for myself and our daughter. So, now all we have to do is join him. We (me and our daughter) are still in Macedonia, my daughter automatically became a British citizen and is the holder of a British passport, while I am not, and i require a spouse visa. So my question is, what will the procedure be in our case, since we lived together for over a year, we have a child, my husband worked in Macedonia during that time....? And how soon can we join him, since he has been back in the UK for a month only? Thank you so much!


Welcome to the forum

Does your daughter have the actual passport, or are you waiting to apply for it? 

Can you apply before 9 July for the spouse visa?

UK Border Agency | Husband, wife or civil partner of a British citizen or settled person

The rules for non-EEA family members change rather dramatically on 9 July 2012, you can read those rules here-if you qualify under the new rules you won't have to rush to beat the deadline:

UK Border Agency | Family migration changes announced - updated

Be sure to use all of the links on that page, the rules are outlined in several documents linked on the right hand side of the page.


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## MacUK (Jul 3, 2012)

Hi AnAmericaninScotland, thanks so much for the quick reply. I will read the changes in the immigration laws, thank you for pointing them out to me. Our daughter has the actual passport, got it a few months ago, no problems at all. 
So i was wondering is this some kind of advantage in the process since they have no reason to doubt the relationship, or it will be the same as all the others applications for a spouse visa? 
Thanks a bunch!!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Hi AnAmericaninScotland, thanks so much for the quick reply. I will read the changes in the immigration laws, thank you for pointing them out to me. Our daughter has the actual passport, got it a few months ago, no problems at all.
> So i was wondering is this some kind of advantage in the process since they have no reason to doubt the relationship, or it will be the same as all the others applications for a spouse visa?
> Thanks a bunch!!!!


I don't know that I'd call it an advantage but I've read a couple of posts from others who say they felt it was. It certainly should show the UKBA that you have a long-term commitment to each other 

Look on the links for the forms you'll use to apply and read them carefully, the list of supporting documents on the form and in the Guidance Notes will be a big help to you in deciding what things you need to send to support your application, and pics of you as a family will certainly help.

What the UKBA want to know after seeing that you are a genuine couple, is that your husband will have enough income to support all of you. Savings are a big plus, too.

If you apply before 9 July, the financial requirement works out to approximately £177 a week after housing and council taxes; post-9 July the financial requirement is £18600 per year earned by your sponsor. Your daughter wouldn't be sponsored as she is a UKC with passport to prove it, so the higher amount won't be used to determine the application.

You'll read all about the new requirements as you read those links. There are a lot of changes, so you have a lot of reading ahead of you. Most of us used highlighters to highlight what was applicable to us, also took notes and wrote down questions; lol, I've got two 3" binders filled with all the info now, including print-outs of the forms and Guidance Notes I used for my first visa stage, and on through to the Indefinite Leave to Remain stage.


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## MacUK (Jul 3, 2012)

OK, I just read that the financial requirement for one child is £22,400...I think that we qualify on that matter. 
Obviously we won't be using any public funds, my husband has a permanent job and some savings, as do I (not a lot but some is better than none) 
So basically this means that the procedure will be the same, but our daughter being a UK Citizen is a plus....
Well, thank you very much!!! Especially for the information on the changes...:clap2:

Thanks for the light reading material LOL , I will read all of it and use it for consultation! Thanks so much!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> OK, I just read that the financial requirement for one child is £22,400...I think that we qualify on that matter.
> Obviously we won't be using any public funds, my husband has a permanent job and some savings, as do I (not a lot but some is better than none)
> So basically this means that the procedure will be the same, but our daughter being a UK Citizen is a plus....
> Well, thank you very much!!! Especially for the information on the changes...:clap2:


Bear in mind that because your daughter is a UKC she will not need to be sponsored. She could get on the plane to the UK right now and on arrival be welcomed home by the Immigration Officer. 

So post-9 July, the only person who will need to be sponsored is you, at £18600pa for six months before the day you apply. 

If you apply before the 9th, even though your daughter still won't need sponsoring, she is counted in the financial requirement-and as long as your husband has that aprox £177 per week, there is no timeline for how long he needs to have been earning that amount. 

Pre-9 July is better if you can possibly apply in time.

Lol, rather complicated, wait till you read all of the seven (yes, seven) options for meeting the new financial requirement post-9 July


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## MacUK (Jul 3, 2012)

Ok, so if i understand well, after the 9th of July, he has to prove how long he has been earning that amount...? I am confused 
There is a requirement for that too? But he has been back for a month only, there is no way he can prove that, he got the job but he will get his first payslip on the 7th. 
So now what do we do?? 
Also it would be such a race with time if we apply before the 9th....!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Ok, so if i understand well, after the 9th of July, he has to prove how long he has been earning that amount...? I am confused
> There is a requirement for that too? But he has been back for a month only, there is no way he can prove that, he got the job but he will get his first payslip on the 7th.
> So now what do we do??
> Also it would be such a race with time if we apply before the 9th....!


It's a very great lot to take in a hurry. Put the kettle on, take a deep breath, and read the financial requirements (pdf link, chose the first one):

UK Border Agency | Draft staff guidance: Appendix FM of the Immigration Rules

It's a lot easier to read-larger print, for one thing.

There are seven ways to meet the financial requirement coming into force on 9 July and it's possible your husband meets one. 

There is something in there about returning sponsors but off the top of my head I can't remember if the sponsor can be in the UK for a month or two before the spouse applies, and how the financials are organised in that case. You need to read it over several cups of tea (or coffee, whatever), and try to stay very calm so you don't miss anything.

Is there any chance you can apply BEFORE the 9th? We have several posters who are racing to meet that pre-9 July timeline, it may be doable in your case if you pay online for the application and then attend the biometrics appointment in your country.

ETA: paying online cause your application to be dated as submitted, if you can pay online in Macedonia (I have no idea) it will be determined under the pre-9 July rules even if your biometrics appointment and documents turned in occur after the ninth.


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## MacUK (Jul 3, 2012)

OK I am going to need something to calm myself down LOL!
Let me check if i can do that, apply on line from here, or f i need to print out the form and then send it....because a few months back, when we applied for our daughters passport, we printed out everything and then we sent it to Düsseldorf, because they moved the visa processing centre.... Let me check that, will write in a minute.....


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## MacUK (Jul 3, 2012)

MacUK said:


> OK I am going to need something to calm myself down LOL!
> Let me check if i can do that, apply on line from here, or f i need to print out the form and then send it....because a few months back, when we applied for our daughters passport, we printed out everything and then we sent it to Düsseldorf, because they moved the visa processing centre.... Let me check that, will write in a minute.....


I found that I CAN actually apply on line, so here goes!!! Will write again!!! Thank you SO MUCH!!!! :clap2::clap2:


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## mehemlynn (Nov 16, 2011)

MacUK said:


> OK I am going to need something to calm myself down LOL!
> Let me check if i can do that, apply on line from here, or f i need to print out the form and then send it....because a few months back, when we applied for our daughters passport, we printed out everything and then we sent it to Düsseldorf, because they moved the visa processing centre.... Let me check that, will write in a minute.....


Under the new rules for a returning sponsor, he would have needed to make the same amount 18600 quid as in the UK, for at least a year AND a confirmed job offer in the UK to start within 3 months of arriving in the UK. 

It does make it difficult for returning families (my husband is our stay at home parent - so we wouldn't qualify under the new rules). 

BTW, AIS we still haven't applied, but finally have all the paperwork together. Hopefully tonight.

M


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## AnAmericanInScotland (Feb 8, 2012)

mehemlynn said:


> Under the new rules for a returning sponsor, he would have needed to make the same amount 18600 quid as in the UK, for at least a year AND a confirmed job offer in the UK to start within 3 months of arriving in the UK.
> 
> It does make it difficult for returning families (my husband is our stay at home parent - so we wouldn't qualify under the new rules).
> 
> ...


Seriously have eyeball twist trying to figure out a quick and simple way to explain that new requirement, I really do. I read it out loud, try to say it quickly, and become very tangled-very quickly.

Mehemlynn, good luck to you and yours on the application filling-in. Lol, have pizza, soda (save the wine/beer for after you hit submit), take breaks, and try to stay very-very calm.

First thing? Establish a log-in so you can stop when you see your hands are shaking


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## MacUK (Jul 3, 2012)

Ok i still don't understand, NOW he has a job, but he lived in MAcedonia for a year, he has been only back for a month....before coming to Macedonia, he made that amount annually and more, is this what they ask or something else?


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## mehemlynn (Nov 16, 2011)

MacUK said:


> Ok i still don't understand, NOW he has a job, but he lived in MAcedonia for a year, he has been only back for a month....before coming to Macedonia, he made that amount annually and more, is this what they ask or something else?


Basically under the new rules, he would have had to work in Macedonia for the year he was gone, have made the equivalent to the minimum British pounds (so in the US my husband would have had to make $30,000 approx), then have a job to start in the UK within 3 months. 

Otherwise, under the new rules he will have to be working (paid) in the UK either 6 or 12 months (depending on which financial qualification) you will qualify for.

You really need to read all of the options pretty carefully to see where you fit in. They do have examples of each (which make them make more sense).

The new rules are pretty brutal for returning families.


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## MacUK (Jul 3, 2012)

Okay, thanks a lot! Finally beginning to understand all of this! Pretty brutal, like you said! I just finished the on line application form and then i realised that all the dates before the 10th were taken...ha ha! So I will do some reading tonight, and the next few days, to see where and if we fit in.... Thanks a lot and if I have other questions i will consult you!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Okay, thanks a lot! Finally beginning to understand all of this! Pretty brutal, like you said! I just finished the on line application form and then i realised that all the dates before the 10th were taken...ha ha! So I will do some reading tonight, and the next few days, to see where and if we fit in.... Thanks a lot and if I have other questions i will consult you!!!


Were you able to pay for your application online? If you can pay online before 9 July, the biometrics appointment can be after 9 July and you will still be covered under the old rules-all the way from the first, probationary spouse visa, to the Indefinite Leave to Remain.

And oh yes, those new rules are brutal It's why so many people are trying to get their applications in before the 9th.


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## MacUK (Jul 3, 2012)

No I was not able to pay on line, sadly...would have been great though...
Well as i understand it, we would have to be apart for 6 more months, before we can apply...that is the only way we qualify...together with the minimum amount of gross annual salary. It is a bit sad, because our daughter is just a baby, and it would have been great for her father to be able to see her take her first steps, or speak her first words...now he is going to miss all of that  Oh well...i guess you can't have it all....patience is a virtue they say, so let us be virtuous  Where there is a will, there is a way...so i will keep reading these new rules, i guess 6 months is just about right for understanding them LOL!


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## MacUK (Jul 3, 2012)

Hi you amazing people! 
Okay, so here is the deal....there might be a chance that i can apply in time to go by the old immigration rules....will apply today or tomorrow, or at the latest, on friday. 
So my question is about the financial requirements for the old rules....on my part, i am a freelancer, and still on maternity leave....have not been employed full time....i do have bank statements showing that i have earned money as well as tax returns to prove it. Is access to a joint bank account or bank vault considered meeting the financial requirements? Also on my visa application i stated that my husband is supporting me and the child financially, and the amount he pays is quite reasonable, considering that the minimum wage here in Macedonia is 200 euros gross monthly salary.....Will I qualify on this matter? Also he earns a good salary, and has some savings in the UK....?


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## MacUK (Jul 3, 2012)

Here is my list of supportig documents so far:

Applicant: 
1. 2 passport sized photogrpahs
2. Birth Certificate
3. Passport
4. Curriculum Vitae - Resume
5. University Diploma
6. Bank records of financial history
7. Authorisation to use a joint bank account 
8. Cover letter from 3rd party sponsor
9. Tax returns
10. Bank statements
11. Balance certificate 
12. Flight itinerary 
13. Previous passports
14. Confirmation of received payments from an agency (as i am not employed) 


Sponsor:
1. Birth certificates 
2. Bio data page from passport
3. Driver's licence 
4. Employment contract
5. Letter from employer on company headed paper
6. Payslips
7. P60 (here i am not sure he can get one because he wasn't working in the UK for the past year, advice anyone???) 
8. Bank statements
9. Proof of address
10. Tenancy agreement/Rent agreement
11. Council tax statement (again not sure if he can get one, since he lived in the apartment for a few weeks) 
12. Property inspection report
13. Utilities bills (internet, tv, electricity, gas, or contract for either one) 
14. Accommodation details with a supporting letter from the occupant/landlord that we are able to stay there. 
15. College Diploma
16. CV or Resume

The Child:
1. UK passport
2. Flight itinerary
3. Birth certificate
4. Photographs of us with our child 

Proof of relationship/marriage
1. Marriage certificate
2. Certificate for being free to marry
3. Pictures of our wedding
4. Cards from family members
5. Aeroplane tickets from our trips, and his visits
6. Proof that we lived together during the marriage, such as utility bills (here i have a dilemma, since the house we lived in is my grandmother's and the bills are in her name) 
7. Family photos
8. Phone records
9. Skype video call log
10. Facebook messages log


Please help me decide whether these documents are enough for supporting our application, or if i have to add something!!! Thank you very much!!!


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## AnAmericanInScotland (Feb 8, 2012)

Under both pre and post-9 July 2012 rules, your husband is the sponsor, and it's primarily his finances they look at to determine whether or not you have enough to live in the UK without turning to public funds.

Under pre-9 July rules the UKBA uses this table to determine that:

Income Support - how to claim and how much you can get : Directgov - Money, tax and benefits

Scroll down to see that the amount they want to see him having left after housing and council tax is £111.45 for the couple. Then add the amount of £56.25 for your daughter-even though she is under 16, this is the amount they use to add for a child when figuring the amount needed per week. So he needs to show he has the £111.45+£56.25 left over each week. 

As an aside, under the new, post-9 July rules your daughter isn't counted in the financial requirements at all, which can be confusing. Just keep reminding yourself you are trying to get your application in under pre-9 July rules. 

They use this table as it is the table for determining income support (public funds), and they want you to have that or more to prove you don't need recourse to public funds. 

I'm sure someone else will come along and explain it better, but that's it in a nutshell. When we figured it, we rounded up to the next pound. Something else you need to know is that the table changes-when we made my application in early 2011 the amount for a couple was £107 (rounded up). So it's a good idea to bookmark that page and keep checking it-it is the table they'll use through your entire migration path.

As long as he has that amount, per week after housing and council tax, financially you should be fine-they'll be glad to see that you have earning capacity and potential, and they'll love the savings part, but the most important thing they'll look at are his finances.

ETA: just saw your documents list, it looks very complete!


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## MacUK (Jul 3, 2012)

Thanks AIS, i looked at that table, and we qualify! 
So basically i am not sure about 3 things:
1. The P60 - can he get one since he just started working?
2. Utility bills from our house in Macedonia- It is in my grandmother's name??
3. Council tax statement...not sure if he has it yet?

Thank you so much, i am so glad i found you to help me with all of this madness!!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Thanks AIS, i looked at that table, and we qualify!
> So basically i am not sure about 3 things:
> 1. The P60 - can he get one since he just started working?
> 2. Utility bills from our house in Macedonia- It is in my grandmother's name??
> ...


On the P60 and the council tax bill, I'm not sure, *hopefully Joppa (our Mod, and a virtual encyclopaedia of immigration info!) or Nyclon (also VERY sharp on this stuff) will be able to help*! 

I think (heavy stress on think, as in again, I'm not really sure) that council tax can be figured and written into the application without the need for the actual statement, but again, I really want to stress that on that, I am not sure. So the people to listen to would be Joppa, and/or Nyclon.

On the utility bills, they want to see the bills from the UK, not Macedonia. As he's too new in the UK to have any, make an explanatory note to that regard (separate, single-space, one side of paper), maybe estimate the amount if possible, although he may be so new as to not even be able to give an estimate, and the UKBA understands about that sort of thing.

ETA: great people on this forum If we can't help with info, we can with virtual pots of tea, and hand-holding through a very stressful process of applying and then awaiting the determination


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## MacUK (Jul 3, 2012)

Ok then i will wait for a reply from them, and thank you again so much for all this help!!! I shall write, or better yet my husband will write a note for the bills, explaining what our situation is....


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## MacUK (Jul 3, 2012)

AnAmericanInScotland said:


> On the P60 and the council tax bill, I'm not sure, *hopefully Joppa (our Mod, and a virtual encyclopaedia of immigration info!) or Nyclon (also VERY sharp on this stuff) will be able to help*!
> 
> I think (heavy stress on think, as in again, I'm not really sure) that council tax can be figured and written into the application without the need for the actual statement, but again, I really want to stress that on that, I am not sure. So the people to listen to would be Joppa, and/or Nyclon.
> 
> ...


Oh as you can imagine, i am so grateful i found you, and this forum!!! Sure is an ordeal having to apply, gathering and getting the documents, waiting for a decision, and at the same time changing nappies, introducing solid foods and feeding a little baby!!! I could never have imagined my life like this, but, never say never is my policy  
I am literally writing the application and holding my infant and feeding her infant formula milk haha!!!  And all that time there is Scooby Doo on the TV!!! LOL


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## mehemlynn (Nov 16, 2011)

MacUK said:


> Oh as you can imagine, i am so grateful i found you, and this forum!!! Sure is an ordeal having to apply, gathering and getting the documents, waiting for a decision, and at the same time changing nappies, introducing solid foods and feeding a little baby!!! I could never have imagined my life like this, but, never say never is my policy
> I am literally writing the application and holding my infant and feeding her infant formula milk haha!!!  And all that time there is Scooby Doo on the TV!!! LOL


I believe that the council tax statements are to help prove home ownership. 

Also under the current(pre-July 9) rules both sets of income and perspective income are counted.

About you list, as far as I can tell it is more than you need, but it never hurts to let them choose.

M


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## Joppa (Sep 7, 2009)

AnAmericanInScotland said:


> Under both pre and post-9 July 2012 rules, your husband is the sponsor, and it's primarily his finances they look at to determine whether or not you have enough to live in the UK without turning to public funds.
> 
> Under pre-9 July rules the UKBA uses this table to determine that:
> 
> ...


New rates from 1st April each year, uprated in line with consumer price index (CPI) at the time of the autumn statement by Chancellor of the Exchequer, though this can vary. 



> As long as he has that amount, per week after housing and council tax, financially you should be fine-they'll be glad to see that you have earning capacity and potential, and they'll love the savings part, but the most important thing they'll look at are his finances.
> 
> ETA: just saw your documents list, it looks very complete!


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## MacUK (Jul 3, 2012)

Hi again!
Well this is a list of documents my husband will be sending me, please inform us if they are sufficient evidence for the sponsor part...
1. Birth certificates 
2. Bio data page from passport
3. Driver's licence 
4. Employment contract
5. Letter from employer on company headed paper
6. Payslips
7. Bank statements
8. Proof of address
9. Tenancy agreement/Rent agreement
10. Property inspection report
11. Accommodation details with a supporting letter from the occupant/landlord that we are able to stay there. 
12. College Diploma
13. CV or Resume

The P60, the Council tax and the Utilities bills are not available right now, as he is too new in the UK...do you think that the ECO will understand, or this will be grounds for refusal?


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## MacUK (Jul 3, 2012)

Also do these supporting letters need to be notarized by him or not?


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## nyclon (Apr 3, 2011)

> The P60, the Council tax and the Utilities bills are not available right now, as he is too new in the UK...do you think that the ECO will understand, or this will be grounds for refusal?


I haven't followed all your posts on this thread, but I believe your husband has just recently returned to the UK. A P60 is basically an end of the year summary of earnings and tax paid and is issued by employers. The tax year ends in April (the 5th, I think) so if he wasn't employed before then, I think it would be impossible to have a P60. If he was, his employer is required to give him one. You do have pay slips and bank statements which are other ways of proving that he has a job and an income but you may want to briefly explain why you can't provide a P60.

A council tax bill and UK utility bills are among the possible ways of proving that your sponsor has accommodation for himself and you. Items 9, 10 and 11 on your list should suffice for proof of accommodation.

***Just a correction to AAIS's post about the maintenance requirement for you and your child. He needs to have £111.45/week for you plus £64.99/week for your child, left over after paying rent and council tax.


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## MacUK (Jul 3, 2012)

Ok so I can prove that we have a place to stay based on those documents which my husband will send me, he told me that they are in electronic form, i also signed and completed a form concerning the rent agreement....
About the P 60, we will explain why he doesn't have it, thanks on that one AAIS and nyclon 
So i guess my next question is: Am i exempt from the English language test if i have a bachelor's degree in conference interpreting for English and French? Because they say that if you have at least a bachelor's degree (4 years and a diploma from the national university of Macedonia), equivalent to a uk bachelor's degree...i hope it is equivalent, please let me know....i am exempt from the test. Plus i have a master's degree in the same field, but i am currently writing my thesis so i just have my student book to show that i have passed all of the exams from the postgraduate course....will i still have to take the English test, in my case?? Thank you so much!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Ok so I can prove that we have a place to stay based on those documents which my husband will send me, he told me that they are in electronic form, i also signed and completed a form concerning the rent agreement....
> About the P 60, we will explain why he doesn't have it, thanks on that one AAIS and nyclon
> So i guess my next question is: Am i exempt from the English language test if i have a bachelor's degree in conference interpreting for English and French? Because they say that if you have at least a bachelor's degree (4 years and a diploma from the national university of Macedonia), equivalent to a uk bachelor's degree...i hope it is equivalent, please let me know....i am exempt from the test. Plus i have a master's degree in the same field, but i am currently writing my thesis so i just have my student book to show that i have passed all of the exams from the postgraduate course....will i still have to take the English test, in my case?? Thank you so much!!!


I'm so glad Nyclon posted in on the P60 question-and corrected my info to you on how much to add for the youngster 

Re the electronic documents-PDFs? They do print out exactly like the original if your printer is formatted properly, but you want to be careful about using pdf's etc for bank info-UKBA wants the originals as sent in the post OR print-outs hand-stamped by a living-breathing person at the bank branch.

Re your English, I think you're right that you won't have to test, but you'll need to check the National Recognition Information Centre for the UK (UK NARIC, link follows the UKBA pdf link) Scroll down about half way through on the pdf to Point 2 for the more detailed info on ELT:

http://www.ukba.homeoffice.gov.uk/s...ners-other-family/guidance-for-applicants.pdf

NARIC - Compare Qualifications


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## MacUK (Jul 3, 2012)

Hi AAIS....hope you are doing great today!!! 

So here are today's developments...
I called the Embassy, requesting a meeting because of our situation and mainly for our daughter, but i got a cold response that Worldbridge handles all immigration services so they didn't want to help me...which is understandable, they are not allowed to give legal advice. 

About the English Test, i have a diploma from my university, and also a transcript of all my grades and exams, which is an official document, equivalent to the diploma. I do not understand how the UK NARIC will assess my degree, since i have to send my diploma and transcript, i have to pay a fee, and then it will take 15 working days....so that is out of the question.

The rent agreement is in electronic form, the bank statements are issued by the bank, and are signed and stamped by a bank clerk. My husband will send those in original form, by courier. 

I am hoping that i will finish my application tonight, and pay the visa fee.


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## MacUK (Jul 3, 2012)

MacUK said:


> Hi AAIS....hope you are doing great today!!!
> 
> So here are today's developments...
> I called the Embassy, requesting a meeting because of our situation and mainly for our daughter, but i got a cold response that Worldbridge handles all immigration services so they didn't want to help me...which is understandable, they are not allowed to give legal advice.
> ...


I found this website regarding academic qualification, and since i have an average of 8.3, i qualify in the First Honours. 
Comparing UK Degree Qualifications


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> I found this website regarding academic qualification, and since i have an average of 8.3, i qualify in the First Honours.
> Comparing UK Degree Qualifications


Did you use the points based calculator to check if UK NARIC per Section 2 of the ELT link I posted earlier?:



> *How can I check if my degree/PhD meets the criteria for the English
> language requirement before I make an application? *


Because a little further down under another, related question, UKBA states:



> We can only accept Bachelor’s or Master’s degrees and PhDs that are
> recognised by UK NARIC.


Read through that section, they have a link to the calculator, and how to use it to get to the information you need. I'm linking it again:

http://www.ukba.homeoffice.gov.uk/s...ners-other-family/guidance-for-applicants.pdf


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## MacUK (Jul 3, 2012)

No, no it won't take me to the English language page, this calculator, it just asks how much money i have and where will the course be....nothing on entering which qualification i have or calculating if it meets the UK criteria!!!


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## MacUK (Jul 3, 2012)

MacUK said:


> No, no it won't take me to the English language page, this calculator, it just asks how much money i have and where will the course be....nothing on entering which qualification i have or calculating if it meets the UK criteria!!!


Ok seems that it is not recognised, i don't know how this is possible it's a university diploma taught in English!!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> No, no it won't take me to the English language page, this calculator, it just asks how much money i have and where will the course be....nothing on entering which qualification i have or calculating if it meets the UK criteria!!!


The section for using the calculator (in the pdf, the calculator page on its own doesn't tell you the work-around, lol) has instructions for a work-around (edited and highlighted for easier reading):



> The calculator contains information from UK NARIC as to which academic
> qualifications they deem to have been taught to the standard of a Bachelors or
> Master’s degree or PhD in the UK.
> 
> ...


Follow those instructions, and you should come to a page that tells you what you need to know. I think if it were me, I would then print that page and add it to the application and supporting documents hard copies that you'll turn in.


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Ok seems that it is not recognised, i don't know how this is possible it's a university diploma taught in English!!!!


In the pdf link if you read down a little further, you'll see what to do if your diploma isn't on that list. 

Basically it's around £50 and the UK NARIC certifies your diploma. Apparently there are a number of diplomas that haven't made the UK NARIC frequency list-pretty sure they only list the ones the come up the most. 

Hang in there!


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## MacUK (Jul 3, 2012)

So basically i don't meet the English language requirement, and i have to pass an exam! There is an exam available in my country, but i don't know how long it takes to test and then have the results. Well, that's that!!! 
I don't have time to pass an exam in time to beat the deadline!!! 
Well, in my defence, sure is unfair to non EU citizens, to have a university degree with High and First Class Honours and having to pass a basic English Language test!!! 
What would you advise me to do AAIS??? There is no way that i can take the test today, or tomorrow...??


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> So basically i don't meet the English language requirement, and i have to pass an exam! There is an exam available in my country, but i don't know how long it takes to test and then have the results. Well, that's that!!!
> I don't have time to pass an exam in time to beat the deadline!!!
> Well, in my defence, sure is unfair to non EU citizens, to have a university degree with High and First Class Honours and having to pass a basic English Language test!!!
> What would you advise me to do AAIS??? There is no way that i can take the test today, or tomorrow...??


I think your diploma may well meet the requirements-you really should look into the UK NARIC delivery options:

NARIC - Delivery Options

Because you'll have to attend a biometrics appointment, scheduled after paying for your application online, and often several days on from the time you 'hit submit', you may have time to get your diploma to them and have it returned with the Statement of Comparability. And you may be able to do it online!:

NARIC - Coming to the UK

Never give up, at least don't give up until you've exhausted ALL possibilities


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## MacUK (Jul 3, 2012)

Sadly, none of the universities in Macedonia are recognised in the UK. I still have to pass an English Language Test, and the next exam dates are in September. 
So this means we have to make a visa application based on the new rules. 
However, we do meet the requirements of £18 600 annually, so the only thing left to do is wait for those 6 months or 12 months to pass. 

One thing i don't understand about the new rules: 
If my husband meets the minimum of 18 600 £ per year, we will not need additional money??
And if the amount is 28 000 £ per year gross salary, we still meet the requirement, and we will not be checked if we have additional funds??? 

If he stays with the same employer for 6 months at the point of application for the visa, he will be checked for 6 or 12 months?? 

Thank you for replying!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Sadly, none of the universities in Macedonia are recognised in the UK. I still have to pass an English Language Test, and the next exam dates are in September.
> So this means we have to make a visa application based on the new rules.
> However, we do meet the requirements of £18 600 annually, so the only thing left to do is wait for those 6 months or 12 months to pass.
> 
> ...


I'm really surprised your diploma isn't comparable, but it's clear you will test in the highest bands on the ELT-not that knowing that will be much comfort whilst waiting for September

I'm still trying to fully and properly understand the new financial requirements, so I'm going to cautiously answer, and hope someone who has grasped the convolutions will correct me if I point you in the wrong direction.

If your husband has been earning the £18600 per annum for the six months prior to the day you apply, you do not need to have any other funds. An annual income of £28000 surpasses the amount required, so you would meet that mark, and the UKBA will not be looking for other funds

OK, here's where I'm not 100% certain-I think it's the six months prior to the day of application, so I don't think they will be checking the employer beyond that.

I printed out all of the information about the new rules. I used a highlighter pen to make note of really important sections, took notes and wrote questions on a notepad. I found I could usually answer my questions with further reading in the documents. 

But I also realised rather quickly that in my case, understanding those new financial requirements are mind boggling, and need further study. Torturous study in my case, my eyeballs glaze about the time I reach option C in the financial options section. I keep at it, I'll understand the new financial requirements about the time they change the rules again


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## MacUK (Jul 3, 2012)

Yes i saved a copy of the new rules myself, and i will consider it carefully with the help of my husband over the next few months. Also i told him to seek legal advice from an immigration Councillor, which would be a plus on understanding those brutal new rules. 
So basically, the thing to do in the time to come is to gather all relevant documents, translate them, pass the ELT, and hope for the best!!!  

On the financial requirements...i think that if he has been with the same employer for the past 6 months or more, then they will check his earnings (calculate a gross annual amount) solely based on those 6 months. If he changes his employer, then they will check it for the past 12 months. 

For the first time in several years i had to put my reading glasses on again  
The new rules, in my opinion are quite complicated, but not impossible to achieve, if you meet the amount of gross salary required. 

So what my husband is wondering now is, should he keep the apartment he rented for us, hoping that we would be together sooner, or should he get a smaller one, or cheaper? According to me, i think he should keep it, so when they check for our accommodation details, the documents will be more viable if he has lived there for 6 months or more, and has paid his rent in a regular manner. The apartment is very nice, with a reasonable price, 1 bedroom, 1 reception and it is in a very good neighbourhood. 

Do you think this will be a plus AAIS, if my husband keeps the place, and shows that he has lived there for the past 6 months or more, and has paid regular rent?? 

And thank you so much for your help!!! You are priceless!!!


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## AnAmericanInScotland (Feb 8, 2012)

If he likes the flat, and if he sends you pics, and you like the flat, he might want to stay in it-a bird in hand sort of thing. Nice homes are not easy to find, and the one he's found sounds great.

If it is a place that you two feel you can raise the little one in for a few years (or more, some people stay in a flat for decades because it suits them so well), staying there would probably make everything a lot simpler for you. 

I had to lol about the glasses-oh do I understand that:lol: I wear trifocals but also have reading specs that come in very handy whilst studying these new rules!


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## MacUK (Jul 3, 2012)

As a matter of fact, i will need the Sherlock Holmes magnifying glass for this haha!!!  

I have seen the place, he sent me pics, and i am also in the tenancy agreement which is great! I like the place, honestly, it is children friendly, as is the neighbourhood, and again, the price is excellent.


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## mehemlynn (Nov 16, 2011)

MacUK said:


> As a matter of fact, i will need the Sherlock Holmes magnifying glass for this haha!!!
> 
> I have seen the place, he sent me pics, and i am also in the tenancy agreement which is great! I like the place, honestly, it is children friendly, as is the neighbourhood, and again, the price is excellent.


My landlord in the States is very child unfriendly - they are kicking us out because our daughter walks to the lift or stairs (illegal, I know, but who has the extra time, energy and money to fight it). 

I think if you have something you both like and they are child friendly, I would keep it, if he isn't having problems with the payments.

Too bad about the English test. Best of luck getting ready for the move.

M


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## MacUK (Jul 3, 2012)

Thanks M, best of luck to you too!!!  
Well, at least we will have time to prepare in the next months, so that we can be successful! 
We are definitely keeping the place, i don't think that an opportunity like that will present itself in the months to come!!!
Have a great day/evening!!!


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## hkbiscuit (Jun 2, 2012)

"SUO7-printed out from UKBA site, filled in by UK citizen who is spouse and sponsor; must be signed (NOT e-sig, must be 'real') and attached to print-out of VAF4A as part of the supporting documents:"


Oh no....SU07 Form? I've submitted my Wife/Settlement visa application, and I didn't see this form, or that I was required to have this form......what do I do?



Strike that! Please forget this comment. the SUO7 wasn't needed in my case....I didn't read far enough in this thread, and jumped the gun. So sorry!!!


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## MacUK (Jul 3, 2012)

_Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not 'admitted for settlement'. However, if he / she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK._

What does this mean actually??? My husband was living here with me, for 1 year and 4 months, but now he is in the UK, working, living etc... What does this mean, that he is not considered as settled???


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> _Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not 'admitted for settlement'. However, if he / she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK._
> 
> What does this mean actually??? My husband was living here with me, for 1 year and 4 months, but now he is in the UK, working, living etc... What does this mean, that he is not considered as settled???


Quick answer: it means you're OK

Detailed answer: 

'*A British citizen who has been resident abroad*...'--applicable to your husband because he lived with you in Macedonia for over a year.

'...*but who returns to the United Kingdom to live*...'--also applicable to your husband, who has come back to the UK, taken up employment, and established a residence in preparation for you and your daughter to join him.

'...*is not 'admitted for settlement'*.'--because the returning British citizen has 'right to abode' through his/her citizenship, and as such needs no visa or other permissions to enter, live, and work in the UK. (Unless he/she has for some reason been excluded, renounced citizenship, etc. But that's not the case with your husband so don't even think about it)

'However, if he / she expresses the intention of returning to the United Kingdom to reside, *the ECO can regard him/her as present and settled in the UK*'--Which means the ECO will look at your application and supporting documents, see that your husband is here in the UK with a job, a flat, with hopes for his family (you and your daughter) to join him here in the UK (as expressed by his participation in the submission of the application), and will '*regard him/her as present and settled in the UK*.

Your husband has returned and settled in--job, and flat. In their eyes, he is present, and settled. 

If you had applied before he returned, he would still have been considered present and settled because by his participation in the application he would be making clear his intention to return to the UK to live and work, hopefully with his family. 

Which means on that, you're OK


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## MacUK (Jul 3, 2012)

AnAmericanInScotland said:


> Quick answer: it means you're OK
> 
> Detailed answer:
> 
> ...


:clap2::clap2::clap2:

Oh you are such a treasure!!! Thanks for the 100th time AAIS!!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> :clap2::clap2::clap2:
> 
> Oh you are such a treasure!!! Thanks for the 100th time AAIS!!!!


  

Most of the members on this board are treasures, we have a really great community here


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## MacUK (Jul 3, 2012)

I am really sorry but i have one more thing that is not quite clear to me. 
So my husband is employed full time in a permanent position. He has to work 8 hours per day, but he can do overtime as much as he can. 
As he meets the 18 600£ threshold, by earning a gross annual salary of XX XXX £, what amount will they consider for the application...? The minimum he can earn, by working those mandatory hours, for example the lowest hourly pay for those 8 hours, not including the overtime pay which is quite higher....or will they take the overtime into consideration??


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> I am really sorry but i have one more thing that is not quite clear to me.
> So my husband is employed full time in a permanent position. He has to work 8 hours per day, but he can do overtime as much as he can.
> As he meets the 18 600£ threshold, by earning a gross annual salary of XX XXX £, what amount will they consider for the application...? The minimum he can earn, by working those mandatory hours, for example the lowest hourly pay for those 8 hours, not including the overtime pay which is quite higher....or will they take the overtime into consideration??


Does he only meet the £18600 requirement *with overtime*? Or is it without the addition of the overtime?


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## MacUK (Jul 3, 2012)

He is paid hourlu, so the minimum he can make per hour is 10 £. However, he can work overtime, weekends, and holidays, for which he is paid quite more. He must work 8 hours per day. The overtime is up to him, and if the task demands overtime, he is paid for it. (more than 10£ per hour). So how do i calculate the gross annual salary at its lowest level...?


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## MacUK (Jul 3, 2012)

He is paid hourly, so the minimum he can make per hour is 10 £. However, he can work overtime, weekends, and holidays, for which he is paid quite more. He must work 8 hours per day. The overtime is up to him, and if the task demands overtime, he is paid for it. (more than 10£ per hour). So how do i calculate the gross annual salary at its lowest level...?


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## nyclon (Apr 3, 2011)

MacUK said:


> He is paid hourly, so the minimum he can make per hour is 10 £. However, he can work overtime, weekends, and holidays, for which he is paid quite more. He must work 8 hours per day. The overtime is up to him, and if the task demands overtime, he is paid for it. (more than 10£ per hour). So how do i calculate the gross annual salary at its lowest level...?


This is uncharted territory, however I would think that you can only count what he is paid for the 8 hours/day that he is contracted for since the overtime is optional and therefore totally subjective. That is purely an opinion based on previous requirements which for example only let you use liquid assets like cash, checking and savings accounts but not retirement accounts, stocks, bonds etc. Your stock portfolio *might* be worth £1000 today but by the time you are able to liquidate it, it could be worth more or less. Your husband *might* be able to do 10 hours overtime this week, but next week he might not. You can't predict it.


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## AnAmericanInScotland (Feb 8, 2012)

Nyclon is much, much better with numbers than I am:lol:, and said it with a much better explanation I would have said the income to consider is before the addition of the overtime because overtime isn't always available to employees.


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## MacUK (Jul 3, 2012)

So basically, i calculate the minimum hourly pay for the mandatory hours for 52 weeks (because of the paid vacations). 
I am hoping that they will use this method for calculating the minimum gross annual salary :/
He must work 8 hours, 5 days per weeks, for 52 weeks.


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## nyclon (Apr 3, 2011)

MacUK said:


> So basically, i calculate the minimum hourly pay for the mandatory hours for 52 weeks (because of the paid vacations).
> I am hoping that they will use this method for calculating the minimum gross annual salary :/
> He must work 8 hours, 5 days per weeks, for 52 weeks.


What does his contract say? If that's what is says, that should be how they make the calculation.


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## MacUK (Jul 3, 2012)

It says that for 8 hours of work, he gets 10£ per hour. For over 8 hours he gets more, and for weekends and holidays he gets more than that. So they will calculate it based on 8 hours? 
Thanks nyclon and AAIS!!!


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## nyclon (Apr 3, 2011)

MacUK said:


> It says that for 8 hours of work, he gets 10£ per hour. For over 8 hours he gets more, and for weekends and holidays he gets more than that. So they will calculate it based on 8 hours?
> Thanks nyclon and AAIS!!!


Does say he his contract is for x hours a regular work week at £10/hour for x number of weeks including vacation time?


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## MacUK (Jul 3, 2012)

How many work hours are there in a week in the UK? If there are 40 hours, he makes 400£ per week (gross salary). 
In his contract it says that he must work 8 hours per day. After that it's optional, but he must not work over 10 hours. 
So basically, he can work 3x9 hours, and 2x 10 hours per week. He must not work more than 56 hours per week, and he must not work over 90 hours for 2 weeks. So that would make his work hours 45 per week on average. An the lowest hourly pay he can get is 10£. 
Am i making any sense?


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## nyclon (Apr 3, 2011)

MacUK said:


> How many work hours are there in a week in the UK? If there are 40 hours, he makes 400£ per week (gross salary).
> In his contract it says that he must work 8 hours per day. After that it's optional, but he must not work over 10 hours.
> So basically, he can work 3x9 hours, and 2x 10 hours per week. He must not work more than 56 hours per week, and he must not work over 90 hours for 2 weeks. So that would make his work hours 45 per week on average. An the lowest hourly pay he can get is 10£.
> Am i making any sense?


Well, he *can* work 9 hours or 10 hours but he is only *obligated* to work 8. The contract is proof that he is obligated to work 8 hours/day @ £10/hour making £400/week. That's £20,800 for 52 weeks. That's more than the £18,600/year that UKBA are looking for. I'm not disputing that he works more and gets paid more for those extra hours, but the operative word here is that they are *optional*. Just like you can't count the money in a retirement account because it's not ready cash, you can't count overtime because it's variable and not guaranteed.


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## MacUK (Jul 3, 2012)

Thank you so much....this is all so confusing and easy to get lost in!!!  Especially those requirements....  
Lucky to be here  Thanks nyclon!!!


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Thank you so much....this is all so confusing and easy to get lost in!!!  Especially those requirements....
> Lucky to be here  Thanks nyclon!!!


Yup, told you Nyclon is MUCH better at numbers than I am:lol:


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## Flylo333 (Jul 23, 2012)

Hi team. So Im having trouble understanding how they now assess the financial status of the sponsor if they are currently (and have been for two years) working overseas, as is the spouse. 

Will they take the overseas income into consideration? Does it require a job offer/contract upon returning to the UK?


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## Joppa (Sep 7, 2009)

Flylo333 said:


> Hi team. So Im having trouble understanding how they now assess the financial status of the sponsor if they are currently (and have been for two years) working overseas, as is the spouse.
> 
> Will they take the overseas income into consideration? Does it require a job offer/contract upon returning to the UK?


Rules are laid down in http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf page 39ff.
Basically the UK sponsor must have a confirmed job offer paying the minimum amount starting within 3 months of returning to UK. They can supplement it from other non-employment income like rents from properties and investment, plus savings, as per the rules laid down. Overseas employment income isn't taken into account.


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## Flylo333 (Jul 23, 2012)

So the income assessment doesn't take into account any income that was made overseas? Then its based solely on money saved? If so how much? 

Can you have a third party as your sponsor?


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## 2farapart (Aug 18, 2011)

Flylo333 said:


> So the income assessment doesn't take into account any income that was made overseas? Then its based solely on money saved? If so how much?
> 
> Can you have a third party as your sponsor?


The overseas income of the sponsor (UK citizen) can be taken into account provided they are still employed at the point of their partner's application for a visa (the sponsor will need to demonstrate 6 months earning at the required level, and UKBA will take the lowest amount earned in that six months to be the figure they use) AND provided the sponsor can show they have a confirmed job offer in the UK meeting the financial requirement (in combination with other income/savings) that they can take up within 3 months of return to the UK. There are a few extra details such as what if the employer changed in the six months, or what if the sponsor is self-employed - so I recommend reading the guidance closely in case additional clauses apply.

You calculate savings based on how much you need to make up that £18,600 and they can be jointly provided. It's calculated at 2.5 x the shortfall, then add £16,000. So someone earning £18,000 (£600 short) would need £17,500 savings. Someone with no income or confirmed job offer would need £62,500 savings. You must have held this money in your control for 6 months prior to applying. If the UK citizen (the sponsor) falls short both on money earned now AND in their future job offer, I recommend taking the lowest of the two to calculate the money you'll need.

Third party sponsors are no longer permitted. Loans are also not permitted, and the UKBA might deny your application if they suspect the money is on loan to you.


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## 2farapart (Aug 18, 2011)

Just to correct myself....

An overseas sponsor must demonstrate that they've earned the required amount overseas over *12 months*, not 6, and the sponsor must have met the required level both overseas AND in the confirmed job offer (ie a job offer will not count if the sponsor has not been employed at the required level overseas).


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## Flylo333 (Jul 23, 2012)

2farapart said:


> Just to correct myself....
> 
> An overseas sponsor must demonstrate that they've earned the required amount overseas over *12 months*, not 6, and the sponsor must have met the required level both overseas AND in the confirmed job offer (ie a job offer will not count if the sponsor has not been employed at the required level overseas).


PHEW!!!!! There was no way we were ever going to manage £62,500 savings!!

So what if the sponsor is well over the £18,600 income over 12 months and gets a job offer (or no job offer for that matter)? How much savings is required then? £16,000? 

Thanks so much btw.


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## 2farapart (Aug 18, 2011)

From what I read, an overseas sponsor using salaried income as part of the financial support package MUST also have a confirmed job offer which they will be able to take up within 3 months of arrival. Ideally, this too would meet the minimum salary, but if it does not, you can add savings too. With the requirement to multiply the wage shortfall by 2.5, and then add a further £16,000, it's going to be a big number. 

With no job offer at all, it's back to the dreaded and utterly horrible £62,500.

If the sponsor is salaried above the required amount overseas (on average over 12 months), and their new job is also over the amount, then no savings are required.


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## Flylo333 (Jul 23, 2012)

Yeah thats how I read it too. Stressfull stuff. Time to get job hunting I guess, glad skype interviews are more popular these days!

Cheers again!


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## Tshayne (Apr 10, 2012)

Evening all,
I was wondering if I could get your opinion on reading into the new income requirements. 

My husband is wanting to look for a new job, but is worried about how it will affect us if we have to reapply ( our application is probably sitting under stacks in border agency limbo). Obviously he would be taking a job at the required income level, but our worry is the 12 months prior. For the year ( as evidence by his p60) he made above the required income. But looking at it by month, there is one freaking month out of the past 12 that is below the needed amount. Will they base his total salary off that lowest amount as they do if you're with the same employer? I'm reading it that they look at the gross annual salary, not lowest income achieved. Am I reading right/wrong? 

Your take is greatly appreciated!


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## Joppa (Sep 7, 2009)

Tshayne said:


> Evening all,
> I was wondering if I could get your opinion on reading into the new income requirements.
> 
> My husband is wanting to look for a new job, but is worried about how it will affect us if we have to reapply ( our application is probably sitting under stacks in border agency limbo). Obviously he would be taking a job at the required income level, but our worry is the 12 months prior. For the year ( as evidence by his p60) he made above the required income. But looking at it by month, there is one freaking month out of the past 12 that is below the needed amount. Will they base his total salary off that lowest amount as they do if you're with the same employer? I'm reading it that they look at the gross annual salary, not lowest income achieved. Am I reading right/wrong?
> ...


It's the annual gross income that matters, and if it is at least at the required level, you are ok.


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## Guest (Jul 26, 2012)

Hi, guys. I'm trying to figure out the Appendix 2 form that's just come in, but the guidance is somewhat lacking.
I'm in a similar situation to the one described above. I've been employed in Japan for the last 2 years at 3'600'000JPY (approx £29'000) and have a job offer starting on September 1st as a teacher (£31,551), but I'm confused as to which section of the form I should complete. I thought it was section 3B but the blurb at the top says


> Only complete this section if your sponsor is not permanently resident in the UK, and will be returning to the UK


 Surely as a British National I am permanently resident in the UK and hence can't complete this section? Any ideas?

Also, how anal are they about translating bank documents and payslips? We've translated the headings of each box into a template that could be applied to each page, but do we need to actually produce a translation page for each individual payslip and bank statement page?

Thanks for any help guys.


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## Joppa (Sep 7, 2009)

wozzo said:


> Hi, guys. I'm trying to figure out the Appendix 2 form that's just come in, but the guidance is somewhat lacking.
> I'm in a similar situation to the one described above. I've been employed in Japan for the last 2 years at 3'600'000JPY (approx £29'000) and have a job offer starting on September 1st as a teacher (£31,551), but I'm confused as to which section of the form I should complete. I thought it was section 3B but the blurb at the top says Surely as a British National I am permanently resident in the UK and hence can't complete this section? Any ideas?
> 
> Also, how anal are they about translating bank documents and payslips? We've translated the headings of each box into a template that could be applied to each page, but do we need to actually produce a translation page for each individual payslip and bank statement page?


Even though you have right of abode, you've been living in Japan and are returning to UK, so that section applies.

As for translation, you should get all relevant parts of a document translated, so that just by looking at the translation copy, ECO can figure out what your document says. So yes, each page should be translated professionally, with translator's stamp and signature.


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## Guest (Jul 26, 2012)

Fantastic. Thanks Joppa.


Joppa said:


> As for translation, you should get all relevant parts of a document translated, so that just by looking at the translation copy, ECO can figure out what your document says. So yes, each page should be translated professionally, with translator's stamp and signature.


So far we've been doing the translation ourselves and getting a friend to sign and date it. Does it have to be professionally done? What do you mean by translator's stamp?


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## Joppa (Sep 7, 2009)

wozzo said:


> Fantastic. Thanks Joppa.
> So far we've been doing the translation ourselves and getting a friend to sign and date it. Does it have to be professionally done? What do you mean by translator's stamp?


It should really be done by a professional translator. A professional stamp showing agency logo and details.
UKBA has a list of accredited translation agencies in Japan:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/countries/translation-providers.pdf


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## Guest (Jul 26, 2012)

That list = Gold. Thanks again


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## MacUK (Jul 3, 2012)

Hi everyone!
I was just wondering, on the application for a spouse visa, it says, have you ever worked for a Government Agency, organisation etc.....I was contracted by a Government Agency for a translation of an annual report, as well as translation of several conferences. Does this count as having worked for the Government, because I was never employed full time, not even part time, only contracted as a freelancer for a service. What should I put down then, when the time comes...I have or I haven't worked for the Government?? I'm really confused?? 

Also I was refused a visitor's visa back in 2011, due to lack of evidence of my situation in my country as well as e-mails from my friend (not my husband) whom i intended to visit....what can I do here because I am really scared that it might damage my chance of getting a visa?? 

Any input would be greatly appreciated!!!


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## Joppa (Sep 7, 2009)

MacUK said:


> Hi everyone!
> I was just wondering, on the application for a spouse visa, it says, have you ever worked for a Government Agency, organisation etc.....I was contracted by a Government Agency for a translation of an annual report, as well as translation of several conferences. Does this count as having worked for the Government, because I was never employed full time, not even part time, only contracted as a freelancer for a service. What should I put down then, when the time comes...I have or I haven't worked for the Government?? I'm really confused??
> 
> Also I was refused a visitor's visa back in 2011, due to lack of evidence of my situation in my country as well as e-mails from my friend (not my husband) whom i intended to visit....what can I do here because I am really scared that it might damage my chance of getting a visa??


Freelancer doesn't count, so answer No.

You have to declare your visa denial under travel history, and in a covering letter, explain the situation. Take full responsibility for what has happened, don't blame UKBA for high-handedness etc, and just state you are now making a settlement visa application observing all the rules. I don't think this will be fatal to your application, provided you do indeed meet all the requirements and submit adequate proofs.


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## MacUK (Jul 3, 2012)

Thanks Joppa, amazing as always!!! 
My husband has a full time job in the UK, that meets the requirement under category A, or a minimum of 18 600£ annual gross salary, as well as adequate accommodation, only he has been back in the UK for 2 months only and we are doing the minimum 6 month waiting period. Given his current circumstances i think we will be safe to apply somewhere in January 2013. Also we have a daughter, who is a British Citizen, we have her British passport already, so what is really worrying me is my previous visa refusal (tourist visa). 
I have never been refused a visa for any country before this happened, and I was unaware of the strict regulations for the UK, when applying alone, and not as a member of a group, because 15 years ago i visited the UK but then I lived with my parents in a EEA country, and the trip was funded by my school there. So I am a bit confused with the covering letter, what should i say, and how should i put that in writing?? I'm really sorry about all the questions!


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## Joppa (Sep 7, 2009)

Just set out what happened, why you were refused (quoting the exact wording used in their letter of rejection - I hope you've kept it), how you take responsibility for it, and wish to move on. State what you should have done which you didn't that led to visa refusal, and how you learnt a lesson. Keep it short and to the point, no longer than one side of A4.


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## MacUK (Jul 3, 2012)

Thank you so much Joppa, you really are an expert!!! 
I kept the letter of refusal, and i intend to attach it to my application. I don't want to bother them with why i should have been approved a visa, like you said, i only want to move on, and to prove my current situation, which is married with a child and if possible join my husband in the UK to live a happy family life. 
Again, thank you very very much Joppa!!!


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## Joppa (Sep 7, 2009)

Just say something like while the rejection came as a disappointment at that time, you have learnt a valuable lesson and you have now moved on and wish to begin a new life in UK with your family.


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## MacUK (Jul 3, 2012)

Ok, I know I am beginning to be a real bother, but would it help if i say why we decided to move to the UK? 
Basically our reason is because we are deeply disappointed from our life here, also that me and our daughter almost died after i had her due to incompetent care and a sepsis infection gained through unsterilised medical equipment (we both got it, me and the baby, we almost lost her, only a miracle saved her), and i have the dismissal letter from the hospital proving this exact thing and the condition we were in. Obviously, now she is doing great, like every other normal baby. (I'll thank the miracle workers here)! 
However i don't want them to think it's because of medical care or anything, because she is perfectly healthy! 

Will this help our case Joppa? 
I just wish to help them get a grasp of our motives, not to evoke empathy or anything just a better understanding of our motives and our intention to move to the UK.


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## Joppa (Sep 7, 2009)

MacUK said:


> Ok, I know I am beginning to be a real bother, but would it help if i say why we decided to move to the UK?
> Basically our reason is because we are deeply disappointed from our life here, also that me and our daughter almost died after i had her due to incompetent care and a sepsis infection gained through unsterilised medical equipment (we both got it, me and the baby, we almost lost her, only a miracle saved her), and i have the dismissal letter from the hospital proving this exact thing and the condition we were in. Obviously, now she is doing great, like every other normal baby. (I'll thank the miracle workers here)!
> However i don't want them to think it's because of medical care or anything, because she is perfectly healthy!
> 
> ...


Not really. A lot of people want to come to UK for a better life and by over-emphasising how bad living in your native country is, you make it sound as though you are an economic and social migrant rather than someone who is deeply committed to your relationship and wants to start a new family life in UK. So leave that out or it will count against you.


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## MacUK (Jul 3, 2012)

Oh no i don't want to do that, my situation here is stable, I have lived a very good life here, this is my country by birth, never mind what the situation is, and still our baby was saved here, just by more competent doctors, but my husband is British and you can imagine his reaction when this happened, so i have no choice but to follow him wherever he goes or chooses to go for he is my husband and the father of my child, and I love him and our family is the most important thing, really. 
So I will just leave it at family life, which is the most important thing, basically. 
Thank you so much Joppa, a million times over, thank you!!! You are a treasure!!!


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## MacUK (Jul 3, 2012)

I just wanted to add something....since our daughter is already a British citizen, isn't she already entitled to live in the UK? My husband is British too, isn't he entitled also to have a life in the UK, since that is his home country? 
If I can prove to the ECO that my economic situation, as an individual here is quite good and stable, then why would they consider me as a social migrant? Because trust me, I would have to leave everything here, my family my friends, my belongings....i have a life here too, it's not that i dropped from another planet, just to be with the man i love. That's a pretty big sacrifice if you ask me. One that my husband was prepared to make for me. So isn't it logical, as a mother and a wife of a British citizen, to be entitled to a family life with them? How can they expect a child to grow up without her mother or father? 
I have never been in any violation of any law, not even a parking ticket. 
Clearly i am revolted, and very disappointed that the country to which my husband pays taxes his whole life, will scrutinise his wife, me, just because I am foreign and from a poorer, developing country. A clear violation of human rights. 
Also am I allowed to make a complaint with the Ombudsman in my country against any negative decision? 
Thanks again for your time, in dire need of advice!!!


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## liam85 (May 24, 2012)

I really don't think they are bothered about these things, it sounds harsh but it is true.

Just prove everything you can as clearly as you can with your documentation, and explain that you love your husband and want to make a family life in the UK. Keep it simple, there is no need to go into your intricate details as to why you want this. I'm sure the ECO's have certain tick boxes which need to be ticked to satisfy them and pouring your feelings out probably isn't one of them.

Its a harsh, heartless process which involves no humanity at all. But its a hoop we must jump through...


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## liam85 (May 24, 2012)

MacUK said:


> I just wanted to add something....since our daughter is already a British citizen, isn't she already entitled to live in the UK? My husband is British too, isn't he entitled also to have a life in the UK, since that is his home country?


Yes and Yes


> If I can prove to the ECO that my economic situation, as an individual here is quite good and stable


Maybe but not really necessary, its not something which you are required to prove anyway..



> Clearly i am revolted, and very disappointed that the country to which my husband pays taxes his whole life, will scrutinise his wife, me, just because I am foreign and from a poorer, developing country. A clear violation of human rights.


Its frustrating but if you look at how an open policy could be abused, it would bring the country to its knees, so unfortunately, it's necessary.


> Also am I allowed to make a complaint with the Ombudsman in my country against any negative decision?


It's an appeal you would need, a complaint wouldn't change anything for your case.


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## MacUK (Jul 3, 2012)

Thanks Liam85, 
You could not be more right. 
Basically as i read further about this process, it seems more complicated. So i guess i need to stop reading, and keep it simple, no emotion involved except the reason I am applying which is to be with my husband.
How far along are you with your application? I really hope that everything turns out great if you are in the process of applying! 
Thanks again and i wish you the best of luck!!!


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## liam85 (May 24, 2012)

MacUK said:


> Thanks Liam85,
> You could not be more right.
> Basically as i read further about this process, it seems more complicated. So i guess i need to stop reading, and keep it simple, no emotion involved except the reason I am applying which is to be with my husband.
> How far along are you with your application? I really hope that everything turns out great if you are in the process of applying!
> Thanks again and i wish you the best of luck!!!


Thanks, best of luck to your's too!

We have finished our app, all our supporting documents are ready and in my fiancees country. We are just waiting to pick up her English test certificate in 13 days, then have an appointment booked the following monday (20/08)

Then we play the waiting game, 50% of applications are done in 2 weeks in Kenya, so we're hoping we come under that percentage!!


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## MacUK (Jul 3, 2012)

I really hope you succeed and you can enjoy your life in the UK!!!! 
We are doing the 6 month wait under the new rules, you can see from my posts that i am very panicky, i can't imagine anyone who has stayed calm and collected during this process!
I'm keeping my fingers crossed for you, write how it's developing, the situation!


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## MacUK (Jul 3, 2012)

Hi guys!
So i have a question....again 
Since my husband is not a full year in the UK, nor will he be when I apply for a spouse visa, he doesn't have a * p60*. So what can we do in relation to that, or will the application be refused due to it's absence? 
Thanks!


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## Joppa (Sep 7, 2009)

MacUK said:


> Hi guys!
> So i have a question....again.
> Since my husband is not a full year in the UK, nor will he be when I apply for a spouse visa, he doesn't have a * p60*. So what can we do in relation to that, or will the application be refused due to it's absence?


Just explain it briefly in a covering note and enclose pay slips instead. But if he has worked at any time during the last tax year (ending on 5th April 2012), he should have received his P60, even if he hasn't worked for the full tax year (by law his employer has to give him one before the end of May 2012).


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## MacUK (Jul 3, 2012)

Ok good thing is we have payslips, and we will have even more when we apply. Unfortunately, he was not working prior to those months, so a P60 is not an option. However his payslips do have details on them about the tax, so i guess that will have to do.
Thank you once again Joppa!!!


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## Eliza Bawat (Aug 10, 2012)

hI i want to know if for i got married to a British nationa and applying for spouse visa but overstayed in the middle east will this affect my application in the future in case ..thanks


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## Joppa (Sep 7, 2009)

Eliza Bawat said:


> hI i want to know if for i got married to a British nationa and applying for spouse visa but overstayed in the middle east will this affect my application in the future in case ..thanks


If you were found out and action was taken, such as deportation, fine etc, then you have to declare it when applying for your spouse visa (under section 6.5 and 6.9 of VAF4A application form) and will impact negatively. How much, it's difficult to say. Much depends on circumstances - how long ago, how many days you overstayed, what was your punishment, any mitigating circumstances etc. I suggest you attach a short letter explaining what happened, that you take full responsibility, you learnt a hard lesson and are determined not to reoffend.


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## MacUK (Jul 3, 2012)

Hi guys!!!
I have a question, so please bear with me once more  It's regarding the financial requirement, or calculating the gross annual salary.
If 1 payslip is 300£ for a work week, while all the other payslips are above 650£ for the rest of the month, will that jeopardise our application, since my husband is paid per week, and not per month?


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## 2farapart (Aug 18, 2011)

MacUK said:


> Hi guys!!!
> I have a question, so please bear with me once more  It's regarding the financial requirement, or calculating the gross annual salary.
> If 1 payslip is 300£ for a work week, while all the other payslips are above 650£ for the rest of the month, will that jeopardise our application, since my husband is paid per week, and not per month?


If you are trying for the Category A route (same employer for 6 months, it might, based on this (I added the bold emphasis):



> Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the point of application and has been with the same employer for at least the last 6 months, the applicant can count the gross annual salary *(at its lowest level in those 6 months)* towards the financial requirement.


However, if your husband has earned over £18,600 gross for a period of 12 months or more, that low week won't matter provided that, in total, all pay received in that 12 months is greater than the required amount (Category B route).


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## MacUK (Jul 3, 2012)

I am afraid he has not been working in the UK for 12 months, we are barely 2 months in on the 6 month qualification period...
Well ok, it hasn't happened yet, so we will try avoiding this mistake. I just wanted to know if it will impact the application, since his contract says that he earns well above the threshold, and he gets a lot of overtime, which as I understand it, is counted towards the requirement? I was just wondering, in case of an emergency, and would that 1 payslip cause us grief.... 
Thank you very much 2farapart, for your quick response!


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## Joppa (Sep 7, 2009)

MacUK said:


> I am afraid he has not been working in the UK for 12 months, we are barely 2 months in on the 6 month qualification period...
> Well ok, it hasn't happened yet, so we will try avoiding this mistake. I just wanted to know if it will impact the application, since his contract says that he earns well above the threshold, and he gets a lot of overtime, which as I understand it, is counted towards the requirement? I was just wondering, in case of an emergency, and would that 1 payslip cause us grief....
> Thank you very much 2farapart, for your quick response!


The guidance isn't 100% clear on this, but since it talks about 'at its lowest level in those 6 months', you may be able to add up weekly payslips for a particular month and arrive at the monthly total, which must not dip below £1,550.


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## MacUK (Jul 3, 2012)

Yes, I found myself quite confused about this. 
His monthly salary, in that case will not dip below £1550, and we would be in the clear regarding this issue, however i think that we will try avoiding it, since we don't want to put anything at risk here. 
This just confirms my suspicions that in case of an emergency, we are all alone, basically my husband can't risk coming here. 
I'm sorry for asking a hypothetical question but in these cases a person must prepare for the worst and hope for the best . 
Thank you again Joppa!!!


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## lessenich (Sep 28, 2012)

*family menber of an eaa*

Good day every one, i need a urgent advice am an eaa citizen and my spouse is a nigerian how much must i be earning to enable me sponsor her to join me ? does the 18,600 threshold apply to me as an eu


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## MacUK (Jul 3, 2012)

I think you need to do research under EEA Family Permit at the UKBA website, it should offer you some insight regarding your situation.


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## lessenich (Sep 28, 2012)

lessenich said:


> Good day every one, i need a urgent advice am an eaa citizen and my spouse is a nigerian how much must i be earning to enable me sponsor her to join me ? does the 18,600 threshold apply to me as an eu


Does the threshold apply to people applying for eea pf?


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## Joppa (Sep 7, 2009)

lessenich said:


> Does the threshold apply to people applying for eea pf?


No. You just need to show you are exercising your EU treaty rights, or jobseeking (first three months only). Just enclose your pay slip if in work.


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## lessenich (Sep 28, 2012)

lessenich said:


> Good day every one, i need a urgent advice am an eaa citizen and my spouse is a nigerian how much must i be earning to enable me sponsor her to join me ? does the 18,600 threshold apply to me as an eu


Do I need to log out of Germany to enable me apply for my spouse EEA FP as i have not done that but I have been living and working in uk for over a year I have a tax return to attest to it . But I still have a house in Germany I pay for could this hamper My chance if getting the fp for my spouse!


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## lessenich (Sep 28, 2012)

Joppa said:


> No. You just need to show you are exercising your EU treaty rights, or jobseeking (first three months only). Just enclose your pay slip if in work.


Sorry JOPPA! What do you mean my first 3 months only ?


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## Joppa (Sep 7, 2009)

lessenich said:


> Do I need to log out of Germany to enable me apply for my spouse EEA FP as i have not done that but I have been living and working in uk for over a year I have a tax return to attest to it . But I still have a house in Germany I pay for could this hamper My chance if getting the fp for my spouse!


No. Just enclose one pay slip and latest bank statement to show you are exercising treaty right in UK.


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## reneeclaire (Jan 3, 2013)

Hi, im new to this but i have a few questions related to this visa -

1. my husband and i are married, he is british and i am from NZ. i am going home when my current Tier 5 work visa expires in march and he is coming to vist NZ for 3 months with me when i leave. i will be changing my visa when home (living with my parents), and just want to make sure that its okay he wont be in the UK at the time i submit the application, he does LIVE there he is just on holiday/sabbatical from work and we will have all the paperwork to show this. we hope my visa will be confirmed and we can return to the uk together within this time. is this okay?

2. is it okay to send a photocopy of his passport pages instead of the real thing? (along with birth cert). as he is in NZ it wouldnt be smart to send off his actual passport as its not his home country. 

3. ive noticed a lot of people sending in huge amounts of photos and emails etc etc, i wasnt planning to do so, as we are married and have the cert for that, (maybe a wedding pic or 2 i thought i would send) and he more than meets the financial factors to be my sponsor. there is nothing in the UKBA supporting documents to suggest this is required for a spousal visa. is this recomended, or are people just sending it in for extra 'proof'? 
he will be writing a letter confirming his sponsorship and intention to support me when we arrive and he goes back to work after his holiday.

4. do i have to send any employment information in? i can send my past employment (well my business statements and certification as i am a contractor) to show i have worked in the past, or is this irrelevant? as i will not be currently employed at the time of application from NZ.
it stands out to me that the UKBA guideline sheet says 'we do not expect you to send in everything, just those items that are relevant'. as my husband is my sponsor i am sending in all his work details and payslips etc - that seems to be to the the 'relevant' information.

i do plan to work though, so is is recommended to send my info in to show my character and employability?

sorry! lots of big questions... any advice or replies are appreciated!


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## RobsterinSheff (Mar 14, 2013)

Hi Reneeclaire

Are you Tier 5 and are you applying for spouse visa?

If so are you doing this from within UK.

I am UK citizen with Chinese fiancé who works in HE and is on Tier 5 Chinese government sponsored visa. Aim has been to marry and apply for spouse visa- but so much information I have read states that she will have to go back to China to apply.

If I read your situation correctly, did you manage to apply for spouse visa from within the UK??

thanks

R.


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## reneeclaire (Jan 3, 2013)

RobsterinSheff said:


> Hi Reneeclaire
> 
> Are you Tier 5 and are you applying for spouse visa?
> 
> ...



hiya, 

we have applied from NZ as we came home for a holiday, but from what i understand, the tier 5 visa, change to spousal can be done from within the uk and untill the new visa is granted even if the old visa expires your partner can stay in the uk still the new visa is granted. do some research on the ukba website and search by country. i spend HOURS on their site finding out everything possible!

good luck!


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## russmargall (Apr 29, 2013)

*VSA F4 Supporting Documents*

Hi all,

I am new to this forum and not sure if they questions have been answered already, apologies if thats the case.

I am a British Citizen living in Sydney, I married an Australian last Sept and am currrently applying for her uk visa. I have filled out all the online forms and she has the Bio Metric appointment tomorrow.

I made numerours mistakes with the online form, so have had to go over each answer manually, will this still be accepted?

Does anyone have any advice on what support documenation to send? Is it worth sending cover letters? So far I have the following:

- Evidence of Savings
- Marriage certificate
- Photos & correspondance proving relationship
- Acomodation details: I have put my parents house down as were we will be living there at first. Do i need to get a letter off them confirming that they are happy to house us?

Any help would be greatly appreciated.


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## nyclon (Apr 3, 2011)

russmargall said:


> Hi all,
> 
> I am new to this forum and not sure if they questions have been answered already, apologies if thats the case.
> 
> ...


Do you have £62,500 in savings? 

Guidance on documents required:

UK Border Agency | Documents required


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## viri (Apr 27, 2013)

Hi, 
I was reading your reply above and i just have a question, if you could help me.
I am planning to apply for a uk spouse visa from Outside the UK, and my question is: Do i have to submit the form sponsor undertaking SU07? or the VAFA4 and appendix 2 are enough?

Please advice, thanks a lot


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## Joppa (Sep 7, 2009)

I have replied recently to the same query and the answer is no, form SU07/12 isn't required for spouse visa application (as sponsor automatically assumes responsibility as stated on the form) but some commercial visa partners (not WorldBridge in US) seem to request it and it's best to go along with it than kick a fuss and make a scene (in some countries, supporting evidence must be presented in person).


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## viri (Apr 27, 2013)

Joppa said:


> I have replied recently to the same query and the answer is no, form SU07/12 isn't required for spouse visa application (as sponsor automatically assumes responsibility as stated on the form) but some commercial visa partners (not WorldBridge in US) seem to request it and it's best to go along with it than kick a fuss and make a scene (in some countries, supporting evidence must be presented in person).


Hello,

Thank you for your reply.
Another question,
My British husband got a job 5 months ago in the UK through a recruitment agency and since then he has been paid through that agency (the employer doesnt pay him directly). Is that ok with the UKBA?

The first 3 months (probationary) je was paid 20,000 GBP per year and after that he got a contract with his employer to work permanently with them making 23,000. How much do we have to state he makes?

He doesnt have 2 payslips as he took an unpaid holiday for 2 weeks last February when he came to visit me. Will this be a problem?

Any help would be greatly appreciated.
Thanks


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## Joppa (Sep 7, 2009)

Don't ask the same question you posed on another thread!


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## viri (Apr 27, 2013)

Joppa said:


> Don't ask the same question you posed on another thread!


Hello Joppa, im so sorry if i bothered you. I really am.
The thing is that i am new in this forum and i dont know where to post to start a new post or topic. How do i do that? can you please show me?
Sorry if i have hogged the forum posting on old questions.
Please accept my apologies


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## nyclon (Apr 3, 2011)

viri said:


> Hello Joppa, im so sorry if i bothered you. I really am.
> The thing is that i am new in this forum and i dont know where to post to start a new post or topic. How do i do that? can you please show me?
> Sorry if i have hogged the forum posting on old questions.
> Please accept my apologies


Click on "Post a new thread" on the top left.


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## AnAmericanInScotland (Feb 8, 2012)

MacUK said:


> Hi everyone! I just registered, so obviously i have a few questions, would be grateful if you could clear them up
> I am the wife of a British citizen. We have been married for 1 year and 3 months and we have a daughter who is also a British citizen. We got married in Macedonia (Former Yugoslav Republic), and lived there for 1 year, where our daughter was born. My husband went back to the UK, got a permanent job, and a place to stay, which is suitable for myself and our daughter. So, now all we have to do is join him. We (me and our daughter) are still in Macedonia, my daughter automatically became a British citizen and is the holder of a British passport, while I am not, and i require a spouse visa. So my question is, what will the procedure be in our case, since we lived together for over a year, we have a child, my husband worked in Macedonia during that time....? And how soon can we join him, since he has been back in the UK for a month only? Thank you so much!


It's been a bit of a long road for you and your family :ranger: but I've just read on the Visa Timeline thread that you've got your visa and will be coming to the UK to join your husband. Congratulations!!

Enjoy your lane:


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## MacUK (Jul 3, 2012)

Thank you my dear forum friend...you were the first one to answer my questions, the first one to calm me down after I found out about the rule change and the first one to give me hope that it's not all that bad. Thank you from the bottom of my heart, now I can see my husband and daughter together every day, she finally gets to be with her daddy and I with the love of my life. Thank you, thank you, thank you


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## Dorothy Sinclair (May 31, 2013)

Hi
I am an Australian citizen originally from India. 
I will be getting married in India to an India with tier 1 UK VISA.
I was wondering if I can apply for the spousal dependent VISA in India.
We fulfil the necessary documents and financial requirements.
Please advice.


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## Joppa (Sep 7, 2009)

Do you hold Persons of Indian origin (PIO) card? Then you should be able to apply in India, but it's up to the UKBA whether to accept your application or not. They may say that even with PIO card, you don't currently live in India so must apply in the country of usual residence, namely Australia.
I suggest you make an email enquiry to [email protected].


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## Dorothy Sinclair (May 31, 2013)

Joppa said:


> Do you hold Persons of Indian origin (PIO) card? Then you should be able to apply in India, but it's up to the UKBA whether to accept your application or not. They may say that even with PIO card, you don't currently live in India so must apply in the country of usual residence, namely Australia.
> I suggest you make an email enquiry to [email protected].




hi Joppa

thank you so much for the reply and the email add I will contact them immediately.
Yes I do hold an OCI card. Would that help?


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## Joppa (Sep 7, 2009)

Possibly, but UKBA will have the answer.


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## Dorothy Sinclair (May 31, 2013)

Thank you


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## SKL (Jun 28, 2013)

*Sponsor confusion*

I am an Indian married to a British citizen. We have been married for nearly eight years now. We have been doing volunteer work splitting our time between India and Europe. I have a 5-year visitors visa to the UK which expires next year. 
Now we are done with our volunteering work in India and would like to settle down in UK. 
The confusion I have is that I am not sure who should be my sponsor. We are showing cash savings in my husband's bank account in UK to meet the financial requirement. But we will be staying at his parents' place as they have adequate accommodation. 
My husband will be with me when I apply in December this year from India and we will travel together to the UK to start our 5-year route( such a looong process....) 

So is my husband my sponsor or is it my father in law? I am trying to fill-up the SU07 form , I just finished filling up the Appendix 2 (VAF4A) form where I marked myhusband as sponsor.

PS: I realised after posting this entry that I did it in the wrong place... so sorry for this... I am going to try and do it again....


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## Leanna (Oct 22, 2012)

SKL said:


> I am an Indian married to a British citizen. We have been married for nearly eight years now. We have been doing volunteer work splitting our time between India and Europe. I have a 5-year visitors visa to the UK which expires next year.
> Now we are done with our volunteering work in India and would like to settle down in UK.
> The confusion I have is that I am not sure who should be my sponsor. We are showing cash savings in my husband's bank account in UK to meet the financial requirement. But we will be staying at his parents' place as they have adequate accommodation.
> My husband will be with me when I apply in December this year from India and we will travel together to the UK to start our 5-year route( such a looong process....)
> ...


Your husband is your sponsor. There is no thrid party sponsorship allowed under the new rules. 

If you are using cash savings to meet the requirement, ensure that you have your £62,500 kept in an account that is readily available and has been at the amount for at least 6 months. 

If you have any new questions, please start a new thread rather than commenting on a thread that is several weeks old. Thanks.


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## SKL (Jun 28, 2013)

Leanna, thanks a lot for your prompt reply and the clear guidance.


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