# Changes to maintenance requirement for spouse visa



## Sarah+Dale4ever (Feb 29, 2012)

Hello everyone! This is my first forum post, and first of all I'd like to thank all of the contributors for such helpful advice & invaluable information. To introduce myself & give a bit of background- I am a US citizen named Sarah, my husband, Dale, is a UK citizen, and we are currently working towards applying for my spouse visa & saving for my move to the UK, which we are planning for this Autumn.

Anyway, lately there has been some mention of a possible increase to the maintenance requirement for spousal visas to settle in UK. Specifically, I am directing these questions to Joppa, as he seems to know so much about these proposed changes, but I welcome input from anyone who has any information on the subject. I've tried to search the UKBA site for updates on this, but haven't had any luck yet!

My questions are:

- What are the details of the possible increase? I saw mention of £500 per week maintenance, would this be the amount required AFTER rent & council tax?

- When exactly do they typically institute changes such as these? I know you've mentioned April, but is it usually the first of the month, end of the month?

- If they were planning to make this change in April, when would such a change be announced?

I'm fairly concerned about this because, while we are more than comfortable with the current recommended amount for maintenance, this new possible amount is almost a 500% increase and if they are looking for £500 available each week post tax & rent, this likely would make us a borderline case, especially if they concurrently disallowed external sponsors. In this event, we would probably just try to apply for the visa before such a requirement came into effect, hence the curiosity about the timeframe.

Thank you so much for reading and responding!

All the best, 

Sarah


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## Joppa (Sep 7, 2009)

Welcome to the forum!
The answer to your question is we don't know. It was supposed to be announced by now but there is no indication of when it will be, though I'd think it will be in the next few months.
This will rule out implementation in April, and it's likely it won't come into effect until the autumn or even later.
The figure of £500 a week before tax (gross income) for the UK sponsor is based on the recommendation of the Migration Advisory Committee (MAC), a group charged by UKBA to come up with a figure that matches the requirement that the family migrant must have no recourse to public funds. It's actually £25,800 a year but £500 a week is near enough. MAC has also suggested that savings shouldn't be taken into account, and external sponsorship should only be allowed in exceptional, compassionate cases. 
If you want to read the report, it's at UK Border Agency | MAC publishes report on the family migration route

It's nothing like a 500% increase on the present criteria, more like double, as £105.95 per week is after tax and after housing cost. If we take a typical rent for a small flat to be around £100 a week and council tax around £20, you need a net income of around £226 a week, which is around £13,800 a year gross.


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## manny.j (Dec 4, 2011)

Joppa said:


> Welcome to the forum!
> The answer to your question is we don't know. It was supposed to be announced by now but there is no indication of when it will be, though I'd think it will be in the next few months.
> This will rule out implementation in April, and it's likely it won't come into effect until the autumn or even later.



Is it also possible Joppa that they can still be announced just a week, in April 2012, before they are to be implemented? My wife and I are trying to postpone our travel plans till Sept 2012 if they are not to be implemented but we are afraid to take any chance. This is because she has KOL REQ endorsement on her visa which became valid from Feb 2012


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## Joppa (Sep 7, 2009)

manny.j said:


> Is it also possible Joppa that they can still be announced just a week, in April 2012, before they are to be implemented? My wife and I are trying to postpone our travel plans till Sept 2012 if they are not to be implemented but we are afraid to take any chance. This is because she has KOL REQ endorsement on her visa which became valid from Feb 2012


Anything is possible but April implementation seems most unlikely.
In your particular case, you have nothing to worry about because your wife has already been issued with a visa which entitles her to apply for ILR as soon as passing her KOL test.


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## manny.j (Dec 4, 2011)

Joppa said:


> Anything is possible but April implementation seems most unlikely.
> In your particular case, you have nothing to worry about because your wife has already been issued with a visa which entitles her to apply for ILR as soon as passing her KOL test.


Thanks for your reply my friend. 

I guess we are particularly worried in case the new rules cancel the flexibility of applying for ILR as soon as she passes her LITUK test. 

Moreover, even if they leave this option untouched, the introduction of 26K requirement in April will be pretty challenging for us to fulfill....we have good savings but if they will not taken into account then it will be an uphill task for her to get ILR visa. 

We now aim to wait for this coming week to see if any new information is released on this before deciding whether to leave in 2-3 weeks or not...


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## Sarah+Dale4ever (Feb 29, 2012)

Thank you both for your replies- they are much appreciated!

@manny: I sympathize with you, as my hubby and I are of a similar mindset where we are hoping for the best, but preparing for the worst... Just in case!

@Joppa: Thanks for the information & the link! I was thinking that £500 per week post tax & rent seemed like a pretty steep increase- it's very reassuring that this would be the gross income that they'd be looking for, not the net.

So it looks like this particular anxiety has been put to rest and we'll be on track with our original timeline of applying in June/July for me to (hopefully) move over in Early September!

Thanks again, Joppa & good luck, Manny, with your wife's move


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## BlueBelle (Jan 31, 2012)

Joppa said:


> The figure of £500 a week before tax (gross income) for the UK sponsor is based on the recommendation of the Migration Advisory Committee (MAC), a group charged by UKBA to come up with a figure that matches the requirement that the family migrant must have no recourse to public funds.


A little off topic, but under the umbrella of spouse visa...

In regards to "no recourse to public funds" my understanding based on this document and this document is that once I receive my spouse visa I'll be entitled to the NHS & maternity leave & services.

Can someone please confirm that is correct? I've read it, but would like to be reassured by someone. 

Thanks!


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## Joppa (Sep 7, 2009)

ramblingwebgirl said:


> A little off topic, but under the umbrella of spouse visa...
> 
> In regards to "no recourse to public funds" my understanding based on this document and this document is that once I receive my spouse visa I'll be entitled to the NHS & maternity leave & services.
> 
> Can someone please confirm that is correct? I've read it, but would like to be reassured by someone.


NHS isn't public funds under immigration rules and you'll be entitled to its servies. You'll have legal right to maternity leave if you are in employment. You will only receive matermity allowance if you have made sufficient national insurance contributions.


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## BlueBelle (Jan 31, 2012)

Joppa said:


> NHS isn't public funds under immigration rules and you'll be entitled to its servies. You'll have legal right to maternity leave if you are in employment. You will only receive matermity allowance if you have made sufficient national insurance contributions.


Great. That all makes perfect sense. Thanks, once again, Joppa.


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## PhillyChic (Jan 28, 2012)

Great thread! I'm in a similar circumstance, we have been saving for our move to the UK and ideally would go in a few months but want to apply now so as to avoid the potential in increase in required funds. If we apply now and are approved, but then don't move for say 7 months and this eats into the 2 yr for application of ILR, what happens then? Would I be sent back to the US, or is there some sort of extension to the VISA so that I can still make the 2 yr mark?


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## Joppa (Sep 7, 2009)

PhillyChic said:


> Great thread! I'm in a similar circumstance, we have been saving for our move to the UK and ideally would go in a few months but want to apply now so as to avoid the potential in increase in required funds. If we apply now and are approved, but then don't move for say 7 months and this eats into the 2 yr for application of ILR, what happens then? Would I be sent back to the US, or is there some sort of extension to the VISA so that I can still make the 2 yr mark?


You may hope so, but UKBA may not be so generous. When you come to extend your spouse visa, at that point you may find you are caught by the new rules and may have to stay for 5 years before eligible for ILR (a separate proposal that is being discussed).


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## BailyBanksBiddle (Feb 8, 2012)

It's a bit mad that MAC isn't considering savings. A job can be lost in an instant, but cash savings prevents you from having to access public funds. Daft. :juggle:


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## dc7 (Jan 26, 2012)

Joppa said:


> Welcome to the forum!
> The answer to your question is we don't know. It was supposed to be announced by now but there is no indication of when it will be, though I'd think it will be in the next few months.
> This will rule out implementation in April, and it's likely it won't come into effect until the autumn or even later.
> The figure of £500 a week before tax (gross income) for the UK sponsor is based on the recommendation of the Migration Advisory Committee (MAC), a group charged by UKBA to come up with a figure that matches the requirement that the family migrant must have no recourse to public funds. It's actually £25,800 a year but £500 a week is near enough. MAC has also suggested that savings shouldn't be taken into account, and external sponsorship should only be allowed in ...
> ...


Thanks for this information Joppa. Having already received input from you and seeing the amount of replies you put out to people, I am very appreciative of your time.

My fiancee is looking to move over here in September, though she could feesibly move in June/July or August. We have waited on a wedding date because of our eligiblity for the spouse visa (we plan on getting married in the states in a court, applying for the visa, then doing more of a shebang in September, before returning to UK together, visa in hand  )

I am currently working a couple of bar jobs, teach at the local adult college and do private ICT tutoring and guitar lessons. I'm not currently at the point where I am able to earn £226 a week and it's gonna take quite a miracle to get there. I think £100-£150 a week is gonna be achievable within the next month or so.

My fiancee is a teacher at a classical (private) school in America and has struggled to find any work in the uk after online emailing and applying for almost a year. She continues to do so, though it seems like a job would need to come through a personal contact of mine or she will need to apply for her spouse visa based on my earnings alone (she has no savings)

I have £10,000 of savings. 

Appreciate any input based on your experience and knowledge, which seems to be extensive!

Thanks to anyone that can help


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## fraybertos (Mar 12, 2012)

iam looking to sponsor my wife to the uk,,what amount of savings should i have to keep customs happy


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## nyclon (Apr 3, 2011)

fraybertos said:


> iam looking to sponsor my wife to the uk,,what amount of savings should i have to keep customs happy


Customs doesn't care how much money you have. They are only concerned with what you bring into and take out of the UK.

The UK Border Agency, on the other hand is currently looking for sponsor spouses to have £105.95/week after paying rent and council tax. You can achieve this through a combination of savings and income.


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## newlight1 (Feb 13, 2012)

Do you mind if I ask when the new rules come into place at what point would someone fall under the new rules? 

For instance,

Example 1) someone gets all their documents ready to apply for a spouse visa with the online application on June 1st and is given a date to hand in the documents on June 20th. 

An announcement is made on the 5th of June to say the new changes will take effect from June 15th. Does the applicant now fall under the new rules? In which case their whole application was based on the old rules and now perhaps will not meet the new rules?

Example 2)

A someone gets all their documents ready to apply for a spouse visa and then makes the online applicaiton on June 1st and is given a date to hand in the documents on June 20th. Applicant hands in the documents and then an announcement is made to say the new changes come into effect on July 1st however the ECO does not review the application until July 15th. Would the applicant come under the new rules?


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## Joppa (Sep 7, 2009)

newlight1 said:


> Do you mind if I ask when the new rules come into place at what point would someone fall under the new rules?
> 
> For instance,
> 
> ...


The answer is 'We don't know' to both questions. UKBA can do what they like, and in the past have done so.
The only sure way is to apply before any announcement is made. Then you are in the clear.


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## newlight1 (Feb 13, 2012)

Good point. What has happened in the past when someone has applied for visas and changes have come in?


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## Joppa (Sep 7, 2009)

newlight1 said:


> Good point. What has happened in the past when someone has applied for visas and changes have come in?


Sometimes all those who got their applications in by a certain date were done under old rules, and at other times, changes came in immediately on the day of announcement, like some Budget changes.


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## newlight1 (Feb 13, 2012)

Ahhh ok. Yes, just wondering as the way visa applications are processed are by you apply online then they send you an appointment date to hand in the documents. Just was curious to those people caught in the middle so to speak. 

So no news yet then. Still waiting for an announcement?


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## nyclon (Apr 3, 2011)

newlight1 said:


> Ahhh ok. Yes, just wondering as the way visa applications are processed are by you apply online then they send you an appointment date to hand in the documents. Just was curious to those people caught in the middle so to speak.
> 
> So no news yet then. Still waiting for an announcement?


Yes.


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## Joppa (Sep 7, 2009)

newlight1 said:


> Ahhh ok. Yes, just wondering as the way visa applications are processed are by you apply online then they send you an appointment date to hand in the documents. Just was curious to those people caught in the middle so to speak.
> 
> So no news yet then. Still waiting for an announcement?


Quite. Maybe delayed by passport queue fiasco?


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## AnAmericanInScotland (Feb 8, 2012)

Joppa said:


> Quite. Maybe delayed by passport queue fiasco?


And the current IT issues they're having at the public enquiry offices, too, might be adding to the delay in announcing any changes to the spouse visa route:

UK Border Agency | Service disruption at public enquiry offices

Not to mention the up-coming strike. I'm not terribly clear on what members of the UKBA team are striking, if it's only the Border Force personnel at the border points or everyone in the UKBF and UKBA, but I do know that even one day out can cause a long backlog in an office.

ETA: wow, they are really going through it, aren't they?!


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## Kuya (Mar 28, 2012)

I expect the upcoming Queen's speech to contain whatever news about the proposed changes to the spouse visa as well as other issues. I am not a betting man, but I think this Wednesday we will know what lies ahead for the UKBA and changes to the visa rules.

PS. Joppa. I tried to add a link to today's Sun with news of David Cameron amending the Queen's speech in light of the battering they took in the polls this week. Perhaps you could post that link?


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## AnAmericanInScotland (Feb 8, 2012)

Kuya said:


> I expect the upcoming Queen's speech to contain whatever news about the proposed changes to the spouse visa as well as other issues. I am not a betting man, but I think this Wednesday we will know what lies ahead for the UKBA and changes to the visa rules.
> 
> PS. Joppa. I tried to add a link to today's Sun with news of David Cameron amending the Queen's speech in light of the battering they took in the polls this week. Perhaps you could post that link?


I'll have to go look for that piece on the Sun (it's not a newsfeed I frequent), sounds as though it might be interesting. 

This piece on the Telegraph doesn't say anything about immigration as being brought forward Wednesday, though:

Queen's Speech to mark political fightback for Tories - Telegraph

ETA: I'm not Joppa, but here is the link to the Sun piece, immigration is mentioned (see quote):

http://www.thesun.co.uk/sol/homepag...-up-Queens-Speech-after-pasting-at-polls.html



> Mr Cameron is re-examining every Bill to be announced in Wednesday’s State opening of Parliament. Issues such as crime, immigration and jobs will now take centre stage.


The piece goes on to expand on the issues but never again mentions immigration.


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## nyclon (Apr 3, 2011)

Kuya said:


> I expect the upcoming Queen's speech to contain whatever news about the proposed changes to the spouse visa as well as other issues. I am not a betting man, but I think this Wednesday we will know what lies ahead for the UKBA and changes to the visa rules.
> 
> PS. Joppa. I tried to add a link to today's Sun with news of David Cameron amending the Queen's speech in light of the battering they took in the polls this week. Perhaps you could post that link?


The Sun? Really?

**Edited to add: I couldn't find the sarcasim smiley**


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## Kuya (Mar 28, 2012)

AnAmericanInScotland said:


> ETA: I'm not Joppa, but here is the link to the Sun piece:


Thanks  I thought my post would go to a moderated queue as I am still subject to anti spam plugins (I run my own vbulletin forum so I know how this software works), but I just couldn't add a link.

I have a list of pretty much most of the news sites for the UK bookmarked that I browse through, you never know what you might find.

Given that I have been living in limbo for the last month or so, I will be watching the Queen's speech this Wednesday instead of catching the news snippets of it afterwards.


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## AnAmericanInScotland (Feb 8, 2012)

Kuya said:


> Thanks  I thought my post would go to a moderated queue as I am still subject to anti spam plugins (I run my own vbulletin forum so I know how this software works), but I just couldn't add a link.
> 
> I have a list of pretty much most of the news sites for the UK bookmarked that I browse through, you never know what you might find.
> 
> Given hat I have been living in limbo for the last month or so, I will be watching the Queen's speech this Wednesday instead of catching the news snippets of it afterwards.


I have a fairly healthy set of newsfeed bookmarks myself. This one is becoming a fav as it seems to have the latest posted first, (so I was bowled over when BBC scooped the Telegraph on the IT issues at the PEOs!):

Immigration News - UK immigration news - Telegraph


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## newlight1 (Feb 13, 2012)

> ETA: I'm not Joppa, but here is the link to the Sun piece, immigration is mentioned (see quote):


I shall be interested to see what Joppas thoughts are on the up coming queens speech


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## newlight1 (Feb 13, 2012)

For anyone who is interested I have found the awnser to that question. 

What is the date of your application if you are applying from outside the UK? Close
The date of your application is the date when your application fee is paid to us. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.

UK Border Agency | Applying from outside the UK

So if he maintenance requirements come into place on June 1st and someone applys online and pays the fees on May 28th, then they fall under the old rules, even before they have emailed you an appointment to hand in your documents.


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## newlight1 (Feb 13, 2012)

Hmm quite a hard subject to figure out but I am working on it


After reading the document 

http://www.ukba.homeoffice.gov.uk/s...atementsofchanges/2012/cm8337.pdf?view=Binary


and looking at this section



> The changes in paragraphs 5, 11 and 13 set out in this Statement shall take effect on 14 June
> 2012. However, if an applicant has made an application for entry clearance or leave before
> 14 June 2012 and the application has not been decided before that date, it will be decided in
> accordance with the rules in force on 13 June 2012.


Could anyone tell me in the situation of an applicant who makes an online application on June 13th 2012 and is then given an appointment date at their local UK Embassy to enroll their biometrics and pay the visa fee on June 20th 2012 would the application be decided in accordance with the rules in force on the 13th of June 2012 or in accordance to the rules that come into force after June 14th 2012. The reason I ask this is because on the UKBA website it states as follows;



> What is the date of your application if you are applying from outside the UK?
> 
> The date of your application is the date when your application fee is paid to us. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.


UK Border Agency | Applying from outside the UK

Also the reason I ask this is because not all UK Embassy's have the option to pay online for an Application form?

Thanks again and hope someone is able to answer my questions.


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## AnAmericanInScotland (Feb 8, 2012)

Newlight, this applies to Tier2 and other work related visas-not the non-EEA spouse/civil-unmarried partner route.


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## newlight1 (Feb 13, 2012)

Thanks American, I realise this is not in refence to the Fiance Visa but if changes come into place with the Fiance visa soon then I am sure it would be the same rules etc. Just we might end up caught in the middle so to speak.


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## AnAmericanInScotland (Feb 8, 2012)

newlight1 said:


> Thanks American, I realise this is not in refence to the Fiance Visa but if changes come into place with the Fiance visa soon then I am sure it would be the same rules etc. Just we might end up caught in the middle so to speak.


In so far as dating applications and application of implementation, maybe. There is every possibility that UKBA will extend probationary times, for example, which would mean the 'rules' that applied when the probationary visa was granted would be altered. And so it might follow that the date an application was accepted for consideration may not mean the rules in force at the time it was accepted would be the rules applied when actually determining the application.

I'd say it is going to depend on what the changes are. If any. Who knows, with every thing else the UKBA is having to deal with right now, they may put the low-hanging fruit like fiance/spouse visas from non-EU/EEA nationals on the very back burner.

Hey, that could happen!


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## Joppa (Sep 7, 2009)

AnAmericanInScotland said:


> In so far as dating applications and application of implementation, maybe. There is every possibility that UKBA will extend probationary times, for example, which would mean the 'rules' that applied when the probationary visa was granted would be altered. And so it might follow that the date an application was accepted for consideration may not mean the rules in force at the time it was accepted would be the rules applied when actually determining the application.
> 
> I'd say it is going to depend on what the changes are. If any. Who knows, with every thing else the UKBA is having to deal with right now, they may put the low-hanging fruit like fiance/spouse visas from non-EU/EEA nationals on the very back burner.


Don't assume those who already have their 27-month spouse visa are 'in the clear' over extension to 5 years for settlement. There was a precedence some years ago of settlement period for ancestry visa holders being extended from 4 to 5 years. The change caught not only new visa applicants but also those who were already in UK and were hoping to apply for settlement after 4 years. They too were caught in the revision and had to get their visa extended by a year before they could apply for settlement. If I remember correctly, the only people who were allowed to get settlement after 4 years were those whose application was already in the system at the time of announcement, or in the small window of opportunity between announcement and start date. OK if you were already in UK for 4 years, but tough luck for those who were still trying to meet residence requirement.

UKBA can do what they like, so what happened with completely unrelated rule change gives no clue to what may happen with family migration. In the past, UKBA has been more generous and sympathetic to existing work visa holders when changes occurred than to other groups of migrants such as family, marriage and partnership (presumably because they didn't want to upset UK industry relying on foreign labour).


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## newlight1 (Feb 13, 2012)

I know it is not in refence to the Fiance Visa but if changes come into place with the Fiance visa soon then I am sure it would be the same rules etc. Just we might end up caught in the middle so to speak and trying to figure out a way of knowing so long as we submit or have an appointment or something then we know we are exempted from any new rules, but as of yet I cant find any clear guidance on this. 

I have even read people saying even if you get the appointment, submit the documents, pay the fee and the new rules come in before an ECO has reviewed your application then your application would fall under the new rules and if we don't meet the new requirements the application would be dismissed and we would have just spent a fortune on the visa, supporting documents, lawyer fees etc etc for no reason?


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## Joppa (Sep 7, 2009)

newlight1 said:


> I know it is not in refence to the Fiance Visa but if changes come into place with the Fiance visa soon then I am sure it would be the same rules etc. Just we might end up caught in the middle so to speak and trying to figure out a way of knowing so long as we submit or have an appointment or something then we know we are exempted from any new rules, but as of yet I cant find any clear guidance on this.
> 
> I have even read people saying even if you get the appointment, submit the documents, pay the fee and the new rules come in before an ECO has reviewed your application then your application would fall under the new rules and if we don't meet the new requirements the application would be dismissed and we would have just spent a fortune on the visa, supporting documents, lawyer fees etc etc for no reason?


You are just speculating without any concrete evidence. 
Please don't prolong this discussion or I will pull this thread.


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## ankit885 (Jun 11, 2012)

*Indian citizen working in UK to apply for spouse visa to a non working British citize*

Hi there,

I have been in UK for quite a while on different visas and currently I am on a Tier 2 General visa since December 2011. However I got married to my girlfriend who is british in May and now want to apply for a spouse visa. 

Problem is she doesn't work yet while I have a permanent job (tier 2 general visa as mentioned earlier) and earn 24K an year pre taxes and cuts. I am worried if I have enough of a financial case to have a successful spouse visa application?

I can see funds had been discussed in this thread in detail but they were all from the view point of british citizen whereas in my case the british citizen isn't working and I am maintaining both of our expenses. we have no savings either. What documents should we send?

Any clarification would be appreciated. 

Thanks,
Ankit


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## AnAmericanInScotland (Feb 8, 2012)

ankit885 said:


> Hi there,
> 
> I have been in UK for quite a while on different visas and currently I am on a Tier 2 General visa since December 2011. However I got married to my girlfriend who is british in May and now want to apply for a spouse visa.
> 
> ...


Best suggestion is to read the Statement of Intent just published on the UKBA site to see what applies to you in your situation. There are some significant changes to the family migration route that will apply to your application if made on or after 9 July:

UK Border Agency | Family migration changes announced

Carefully read the entire page and then download the 70+ page Statement.


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