# Applying for spouse visa... spouse got a new job



## tibiafibula (Sep 5, 2012)

does this mean that we need 6 months pay stubs at his new job? Can we count paystubs from his last job (like 2 from his last job, and 4 from his new job)

I'm assuming that when you get a new job, your old paystubs from your old job become null because he isnt in the job anymore; is this true? Or is it still considered income?


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## 2farapart (Aug 18, 2011)

If you're applying under the new rules, then Category A (6 months pay slips) specifically states that you must have been working for the same employer for the full 6 months, so yes, his new job cancels out his previous employment for Category A and the 6 months starts from his first payment in the new job.

Another option is to apply under Category B if his new job, together with all prior employment, still adds up to £18,600 or more in the last *12 months*. If this option works for you, it means you won't have to wait a further 6 months. Hope that helps.


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## kurosushi (Jan 21, 2013)

2farapart said:


> If you're applying under the new rules, then Category A (6 months pay slips) specifically states that you must have been working for the same employer for the full 6 months, so yes, his new job cancels out his previous employment for Category A and the 6 months starts from his first payment in the new job.
> 
> Another option is to apply under Category B if his new job, together with all prior employment, still adds up to £18,600 or more in the last *12 months*. If this option works for you, it means you won't have to wait a further 6 months. Hope that helps.



I'm looking into the spouse visa as well. My partner just started his new job on January 2013 and it will pay more than GBP18,600 a year. From the above, we would not be able to apply under Category A as he has not worked there for 6 months yet. 

However I'm not sure if we qualify for Category B. In 2012, he only worked from January - April 2012 (4 months) before we went travelling up until December. Will this mean we do not meet the financial requirement for the spousal visa?

thank you


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## kurosushi (Jan 21, 2013)

I'd like to provide more clarification to my question also after having found the PDF of the appendix regarding the financial requirements on the UK BA website. I wasnt able to edit my post.


Firstly, we plan to apply potentially from the US in February 2013, next month. My partner just started his new job on January 2013 and it will pay more than GBP18,600 a year. From the above, we would not be able to apply under Category A as he has not worked there for 6 months yet. 

However I'm not sure if we qualify for Category B or not. 

The first part of this category should be satisfied since he is working in the UK as of Jan 2013 earning more than GBP 18,600. 

First the second part however, can you please advise if we would meet the requirement? 

In 2012, he and I both worked overseas from January 2012-April 2012. We earned more than GBP 18,600. However we used the money for traveling from April - Dec 2012, so my bank balance doesnt show these amounts. Will just documenting the pay slips from Jan 2012-Apr 2012 which add up to more than GBP 18,600 be enough? 

Also since we are applying in Feb 2013 then the income earned in Jan 2012 would not count since its not part of the 12 months right before this? 

thanks in advance


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## 2farapart (Aug 18, 2011)

There are a couple of grey areas here...

Firstly, only the UK citizen's income counts, even if earnt abroad, so your income won't be a factor (this means the sponsor must have earnt £18,600 in total without your assistance). The second problem is that it sounds like you didn't pay this income into any bank accounts - something required to prove that you did receive the money; this could well invalidate those four months of work. It's an untested area, but I would be reluctant to apply on the basis of those 4 months.

The next grey area is that, if I'm reading your post correctly, the sponsor didn't work from May to December 2012 which is the major part of the 12 month period. Now, the requirement for Category B is to prove that £18,600 was earned over the course of a year, but I don't know whether such a large gap between jobs would be accepted (it's one of those situations that we haven't yet seen put to test).

Unless you're willing to take a risk on these grey issues, I recommend waiting until your partner has worked for 6 months in their new job and apply in July 2013 under Category A (6 months evidence from one employer).


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## kurosushi (Jan 21, 2013)

2farapart said:


> There are a couple of grey areas here...
> 
> Firstly, only the UK citizen's income counts, even if earnt abroad, so your income won't be a factor (this means the sponsor must have earnt £18,600 in total without your assistance). The second problem is that it sounds like you didn't pay this income into any bank accounts - something required to prove that you did receive the money; this could well invalidate those four months of work. It's an untested area, but I would be reluctant to apply on the basis of those 4 months.
> 
> ...


2farapart,
Thanks so much for your prompt advice.

Regarding the income earned by my partner from Jan 2012-Apr 2012, it was paid into his bank account by his employer. Sorry if I wasnt clear on that. 

Yes, you have read my post correctly where the sponsor did notwork from May - Dec 2012. I suppose we will need to think about whether we want to take a risk on the grey issues... especially if the visa application fees are non refundable.


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## 2farapart (Aug 18, 2011)

Yes, the funds won't be refunded at all - and the other thing to remember (before taking the risk) is that if you are unlucky and get a refusal, you won't be able to take advantage of any premium/priority option for your next attempt. Anyone with any past history of visa refusal, deportation or refused entry will have this as a black mark on their history and as a result their application will be subject to further scrutiny, taking longer and therefore negating the speed being paid for as a priority application. 

I know it means waiting a further 5 months, but unless you are in some kind of urgent hurry, it might be better to wait rather than risk your visa history.


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## w_awan (Mar 10, 2013)

*Please help*



2farapart said:


> Firstly, only the UK citizen's income counts,.


Sorry for interruption but I have also applied for my spouse visa and was repeatedly told by immigration consultants that the financial requirement is upon both people in a relationship since my wife only earns 12.5k and I earn 7.5k from my part from job since I was a student and have finished my degree but still working the same hours as the solicitor does not want me to take on the full time employment because it will not be more than 6 months old if I had to send a fresh application?

Please help I'm worried now.


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## nyclon (Apr 3, 2011)

w_awan said:


> Sorry for interruption but I have also applied for my spouse visa and was repeatedly told by immigration consultants that the financial requirement is upon both people in a relationship since my wife only earns 12.5k and I earn 7.5k from my part from job since I was a student and have finished my degree but still working the same hours as the solicitor does not want me to take on the full time employment because it will not be more than 6 months old if I had to send a fresh application?
> 
> Please help I'm worried now.


If the non-UK spouse is in the UK on a visa which allows them to work, yes then their income counts. If the non-UK spouse is not in the UK then their income does not count.


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## WestCoastCanadianGirl (Mar 17, 2012)

If your wife is applying from _outside_ of the UK, then only the sponsor's income counts. 

If your wife was already here in the UK as a student or on a visa that allows her to be here for >6 months and you have married and want her to change to a spouse visa, then her income would count towards the application.

Which is it? If she's applying from within the UK, then that's good. If she's applying for her home country, then you'd be best to withdraw the application (you will lose the fee that you paid) as she will be refused... as mentioned before, a refusal will cause problems in the future... A withdrawn application is not as bad.


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## w_awan (Mar 10, 2013)

nyclon said:


> If the non-UK spouse is in the UK on a visa which allows them to work, yes then their income counts. If the non-UK spouse is not in the UK then their income does not count.


First of all many thanks for the swift reply I really appreciate it. I have one more question which I think has worried me the most and is not given on UKBA website. My employer did not pay into my bank since it costed him extra but I have wage slips issued by his accountant and I am registered with HMRC. Some solicitors are saying it is fine as long as UKBA can check with HMRC records and my p60 when it's issued in april other solicitors including my own saying its a massive grey area. What would you suggest? Also would it help if I switched into full time employment and they will pay into bank?

Many thanks for the help.

Regards


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## Joppa (Sep 7, 2009)

Cash payment is fine provided you regularly or periodically deposit some of it into your bank account. There may be problems if you spend all or most of it as cash.

See 5.3.3. in FM1.7
Employment salary can be paid cash-in-hand as long as the correct tax is paid. It would also be expected that some of this salary would be paid into a bank account.


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## w_awan (Mar 10, 2013)

*w_awan*

Many thanks for the reply Joppa,

I have been depositing some cash into my bank and always been +ive but my solicitor did not let me sent the bank statements, I have just sent my biometric details, shall I send my bank statements while the application is being processed? giving my case reference number on it ofcourse.

Kind Regards


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## Joppa (Sep 7, 2009)

You can't send in extra documents once you have submitted.


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## w_awan (Mar 10, 2013)

Joppa said:


> You can't send in extra documents once you have submitted.


Does that mean my application will be turned down then?


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## Joppa (Sep 7, 2009)

Don't know. It's up to UKBA.


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## w_awan (Mar 10, 2013)

Joppa said:


> Don't know. It's up to UKBA.


Many thanks for the help and advice mate. I'll send it off with a cover letter anyway more documents can't be as harmfull as insufficient document I think. 
Regards


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## w_awan (Mar 10, 2013)

Many thanks for replying everyone, i have got my first stage of spouse visa, many thanks for all the help once again


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## w_awan (Mar 10, 2013)

Joppa said:


> Don't know. It's up to UKBA.


Many thanks mate really appreciate your help, I have got my visa thank you


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## w_awan (Mar 10, 2013)

Does anyone know if the Rehabilitation time for court fine due to motoring conviction has been decreased (5 years to 1 year) or is it still not confirmed yet? Also, I read on some website that it does not apply to immigrants? 

Thanks in advance for the help guys


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## MrPhilippines2013 (Apr 19, 2013)

hello everyone,

I hope someone can help me regarding my problem on applying my spouse visa.
My partner is working for 7 years in his current employer and currently earning an annual gross of 16250 but he is allowed to do overtime so we dont have problem reaching the minimum 18600 financial requirements. 
In regards to this matter, his monthly payslip for the past 12 mos is variable. For the past 6 mos, his salary in december is below 1550, but his salary for october, november, january, february and march is nearly 2k.
I just want to ask if I can apply for visa this month if thats our case.
Thank you and more power.


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## rkm16 (Mar 25, 2013)

MrPhilippines2013 said:


> hello everyone,
> 
> I hope someone can help me regarding my problem on applying my spouse visa.
> My partner is working for 7 years in his current employer and currently earning an annual gross of 16250 but he is allowed to do overtime so we dont have problem reaching the minimum 18600 financial requirements.
> ...


He needs to have 1550 a month, not even a penny less for the past 6months.....if a month i.e dec was lower...i'd suggest you wait, because likely chance is your application might be refused as its not exactlly 6months worth of payslips prooving 1550.


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