# changes to immigration...



## emy2007 (Jan 20, 2013)

Please does anyone know if there are any changes to the spouse visa????


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## WestCoastCanadianGirl (Mar 17, 2012)

From what point of reference are you seeking information on changes to the Spouse Visa?

The law was changed on July 9, 2012... read all about it in the Statement of Intent, which can be found here.

If you applied for Proposed Civil Partnership Visa/Fiance(e) Visa/Spousal Visa/FLR(M) Visa on or before July 8, 2012 those changes in the link that I've provided do not apply to you and you are governed by the laws that were in place as of July 8, 2012 and you will be governed by those rules until you seek citizenship (i.e. if you are in one of those "July 8" groups I just listed and are now seeking ILR, you will still be governed by the old rules)


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## emy2007 (Jan 20, 2013)

No from today..... I think some things have changed


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## emy2007 (Jan 20, 2013)

Just reading ukba website its says there will.be minor changes but I.cannot read the pdf from my mobile to see what they are....


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## Harun (Jan 27, 2013)

*Changes to the Immigration Rules - April 2013*

14 March 2013

Today, Thursday 14 March 2013, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules.

These will come into effect on 6 April 2013, and will include changes to:

The Tier 1 (Graduate entrepreneur) route, to include additional places for talented MBA graduates from UK Higher Education Institutions (HEIs). This will also include the UK Trade and Investment's elite global graduate entrepreneur scheme.

The Tier 1 (Exceptional talent) route, to split the application process so that applicants will no longer have to pay the full fee up front. This will also mean applicants will not have to submit their passport to us while their application for endorsement by a designated competent body is being considered.

Tier 2, to improve the flexibility for intra-company transferees and for employers carrying out the resident labour market test.
The shortage occupation list and the codes of practice for skilled workers.

Tier 4, to allow completing PhD students to stay in the UK for one year beyond the end of their course to find skilled work or to set up as an entrepreneur.

Family and private life - these are minor changes to reflect feedback from legal practitioners and our caseworkers.

In addition a number of minor technical changes, corrections and updates to will also be made to the Immigration Rules. These include:

Making minor changes to ensure there are the necessary requirements for granting discretionary leave to unaccompanied asylum seeking children, and amending the length of discretionary leave granted to these young people to simplify the process and provide some continuity for them;
clarifying the general visitor rules;
updating the provisions in Tier 5 for temporary workers;
minor changes to the Rules on long residence and on work-related settlement; and
introducing a new protection route recognising stateless persons.


For full details of the changes please see the Statement of Changes to the Immigration rules (HC 1039) and the Explanatory Memorandum on the right side of this page. The written ministerial statement can found on the Home office website. Further information on the Changes to Tier 4 and Tier 1 are available on the relevant pages of the UK Border Agency website.


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## Harun (Jan 27, 2013)

Doesn't say anything about the financial requirement being upped so that's a relief


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## emy2007 (Jan 20, 2013)

So what's being changed?


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## Harun (Jan 27, 2013)

this new change only concerns smart people and people with exceptional talent I think.


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## Joppa (Sep 7, 2009)

There are some technical changes to family route after feedbacks from professionals and own caseworkers. It will be interesting to see what they are, as we have quite a few queries ourselves.


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## Joppa (Sep 7, 2009)

Here are the 'minor' changes to rules relating to family life (with my tentative comments in italics):

• To clarify that the transitional provisions for further applications made by those granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012 can only be accessed by persons in the UK and subject to the requirements of Part 8 for such applications.
_So those who are under the old rules can only make further applications under the same rules while they are in UK, not after they've gone back home or moved abroad._

• To provide that a person may apply for further limited leave to remain as a partner under Part 8 within a period of 28 days of the end of their last such leave.
_A grace period of 28 days to apply for FLR after expiry._

• To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8 and amalgamate their leave as a partner under both routes towards the qualifying period for settlement.
_So those in UK as a dependant of points based system migrant who is ineligible for settlement (such as student and more recent intra-company transferee) cannot combine their stay in UK with that of family route towards settlement._

• To ensure that references to the UK National Recognition Information Centre are correct. (UK NARIC is the agency responsible for providing a comparison of international qualifications against UK qualification framework levels).
_Self-explanatory._

• In respect of the financial requirements for partners and dependent children under Appendix FM and Appendix FM-SE:

* To clarify the basis on which non-salaried employment income at the date of application is calculated. This will be done by calculating that income on the annualised basis of the gross monthly average in the period of 6 months prior to application.
_Non-employment income such as rent is worked out as monthly average of past 6 months prior to application, converted to annual amount, i.e. monthly average x 12._

* To clarify that those working in the UK at the date of application can include earnings from employment in the UK and overseas, where they are required to show the amount of their earnings from employment in the 12 months prior to application.
_This mainly refers to Cat B. If they are working in UK and have to show income during the past 12 months, overseas as well as UK income can be counted._

* To clarify that, where the applicant’s partner is self-employed overseas at the date of application, that partner may also rely on a confirmed offer of employment in the UK for the purposes of meeting the financial requirements.
_When the couple are moving to UK together, the UK partner who is self-employed abroad can also rely on a job offer in UK._

* To clarify the evidence of self-employment to be provided.
_Details in the statement of changes._

* To clarify the company-based evidence to be provided by directors and/or shareholders in companies in sole or limited family ownership.
_Self-explanatory._

* To provide greater flexibility in meeting the financial requirements for those who are, or have in the previous 6 months been, in receipt of maternity, paternity, adoption or sick pay. To provide flexibility also for those who are or have been on parental leave.
_Self-explanatory._

* To provide that relevant cash savings held at the date of application by the applicant, their partner or the couple jointly can have been held by them as investment funds within the previous 6 months.
_I'm not too clear on this. It seems to imply that money kept in investment funds (such as unit trusts) for 6 months is eligible as savings, or only after it's been converted to cash prior to application but not necessarily 6 months ago._

* To add Personal Independence Payment to the list of benefits and allowances received by the applicant’s partner which mean that the applicant has to meet an ‘adequate’ maintenance requirement. A joint review by the Department for Work and Pensions and the Home Office of the treatment of disabled people and carers as sponsors under the financial requirements under Appendix FM is ongoing and will be concluded shortly. An applicant who relies on this provision for ‘adequate’ maintenance cannot expect that they will necessarily be able to do so in any future application for leave to remain under Appendix FM.
_This follows the change in benefit rules from April. Exact details are still being worked out. The last proviso is that rules may change and applicants may not in future be able to rely on maintenance requirement._

* To clarify that, where the applicant and their partner are resident in the UK at the date of application, rental income from a property in the UK cannot be counted as income if that property will become their main residence if the application is granted.
_For a couple that are in UK, if they hope to move into a property they own that is currently rented out, the rental income doesn't count towards financial requirement._

* To confirm that cash income on which the correct tax has been paid may be counted as income.
_This may do away with the requirement that such income must be banked._

* To confirm that, where an academic stipend or maintenance grant is or will be paid on a tax-free basis, the gross equivalent amount may be counted as income.
_So if such incomes are tax-free, they can work out the notional gross equivalent (grossed up) to put towards the financial requirement._

•To confirm that the UK Border Agency has discretion to contact the applicant to request further information or documents before making a decision on the application.
_Self-explanatory, which they have sometimes used instead of outright rejection._

http://www.ukba.homeoffice.gov.uk/s...atementsofchanges/2013/hc1039.pdf?view=Binary


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## emy2007 (Jan 20, 2013)

That's great thanx its nothing major like I thought it might be phewwwwwwe


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## mishapanda (Dec 11, 2012)

The majority of these changes seem to be making the rules a little bit more flexible. I just reapplied after determining that our financial situation is now more agreeable to the process, but I might have waited if I had known that these rule changes were about to come into effect...I would be even more confident. Particularly this bit, if Joppa's interpretation is correct:

"* To provide that relevant cash savings held at the date of application by the applicant, their partner or the couple jointly can have been held by them as investment funds within the previous 6 months.
_I'm not too clear on this. It seems to imply that money kept in investment funds (such as unit trusts) for 6 months is eligible as savings, or only after it's been converted to cash prior to application but not necessarily 6 months ago._"


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## lidi (Nov 16, 2012)

wot they meant that there is an update for exams?they mentioned that cambridge ESOL is now changed to ENGLISH CAMBRIDGE.do they mean that the whole exams of ESOL changed,do we ve to repeat again the exam just coz the name of ESOL changed to english cambridge?can somebody clarify this plz.


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## emy2007 (Jan 20, 2013)

I haven't read that ...?


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## nick23388 (Jan 21, 2013)

I am currently waiting for savings to have been in an accessible account for 6 months, this won't be until August, delaying our application. They were previously held in a fixed rate savings account (I.e. not instantly accessible) 

Am I correct in assuming that these changes may mean we are eligible to apply now? When/how will there be some clarification in the issues raised?


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## A1234 (Mar 3, 2013)

Hi
#


> To provide that the partner of a Points Based System migrant not on a route to settlement cannot switch into the partner route under Part 8


Does it also mean the partner of a Points Based System migrant not on a route to settlement (Tier 4 for example) who even though became PBS TIER 4 dependent before 9 July 2012 and sponsor got ILR based on long residence has to switch into partner route under FM appendix which includes 18K rule? 

Under Transitional Provisions this kind of partner is currently applying FLR M under part 8!!!

cheers


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## Joppa (Sep 7, 2009)

A1234 said:


> Hi
> #
> 
> Does it also mean the partner of a Points Based System migrant not on a route to settlement (Tier 4 for example) who even though became PBS TIER 4 dependent before 9 July 2012 and sponsor got ILR based on long residence has to switch into partner route under FM appendix which includes 18K rule?
> ...


Seems that way. New rules will become effective on 6th April, when guidance etc will be revised and issues should become clearer.


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## Joppa (Sep 7, 2009)

nick23388 said:


> I am currently waiting for savings to have been in an accessible account for 6 months, this won't be until August, delaying our application. They were previously held in a fixed rate savings account (I.e. not instantly accessible)
> 
> Am I correct in assuming that these changes may mean we are eligible to apply now? When/how will there be some clarification in the issues raised?


I think you still have to wait 6 months. The change relates to money held in investment funds, such as tracker fund, unit trust (OEIC) or investment trust, where a fund manager pools investors' money and makes a collective investment. I think they are changing the rule as money can be withdrawn with no notice, though charges are payable (difference between buying and selling rate). With fixed-rate savings account (sometimes called bond), your money is locked away for a period and can only be withdrawn earlier for exceptional reasons, such as the death of the saver.


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## saif_ta (Mar 15, 2013)

hi joppa 
me and my gf want to apply for fiancé visa and we stuck now as she work 2 part time jobs earn only 13.2k£ 
is there any option for us to avoid this 18.6K£ under new updates (april 2013) , want to know can we apply and avoid the 18.6k£ coz my gf have child and can't work extra hours also if she have to work another part time do we have to wait 12 months to meet 18.6k£ in last 12 months under the new rules (april 2013).


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## emy2007 (Jan 20, 2013)

I have not read that they will change the fiancial side of things for a spouse visa... Cash savings in the bank for a minmum of 6months.The shortfall of the income is multiplied by 2.5 plus £16000 as a base.


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## saif_ta (Mar 15, 2013)

yes but its under family section so fiancé will also be effected with those new laws but thats not the problem we can marry and apply for spouse visa the problem is there is any way to avoid this 18.6£k wihtout savings or also if there is any way to don't wait 12 months to apply after meeting 18.6K with 2 part time jobs ?


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## Joppa (Sep 7, 2009)

saif_ta said:


> yes but its under family section so fiancé will also be effected with those new laws but thats not the problem we can marry and apply for spouse visa the problem is there is any way to avoid this 18.6£k wihtout savings or also if there is any way to don't wait 12 months to apply after meeting 18.6K with 2 part time jobs ?


Unless you are exempt (UK sponsor is on certain disability benefits or receiving carer's allowance), you must meet the financial requirement, and there is no wriggle room. So you have to earn £18,600, and unless you can apply under Cat A (earning £1550 gross a month for 6 months working for one employer), you must apply under Cat B which requires previous income over 12 months (or however long it took you to earn £18,600) on one or more jobs.


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## Leanna (Oct 22, 2012)

saif_ta said:


> yes but its under family section so fiancé will also be effected with those new laws but thats not the problem we can marry and apply for spouse visa the problem is there is any way to avoid this 18.6£k wihtout savings or also if there is any way to don't wait 12 months to apply after meeting 18.6K with 2 part time jobs ?


No. There is no way to avoid meeting the £18,600 financial requirement, and the rules for that aren't changing for spousal applications in April as far as I can tell. 

If you don't meet the £18,600 minimum, you can supplement it with savings, though you have to use this formula:

£18,600 - YOUR INCOME = Shortfall. Take (shortfall) x 2.5 + £16,000 = The amount you need. 

You can also acquire part-time work to add to your income. You can applying using Category B as soon as your total income over the past 12 months meets £18,600. You do not need to wait 12 months. 

For example, if you earn £15,000 annually, and you secure a part time job earning you an additional £500 a month, you can apply in 7.2 months. (£18,600 - £15,000 = £3,600 you need. At £500 a month, you will meet shortfall in 7.2 months and have a total income of £18,600 over the past 12 months). 

Otherwise, if you can get your monthly income to £1550 GROSS each month (with full-time and part-time employment), you can apply using Category A once you have been working both jobs for 6 months and earning over £1550 consistently.


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## Joppa (Sep 7, 2009)

Leanna said:


> Otherwise, if you can get your monthly income to £1550 GROSS each month (with full-time and part-time employment), you can apply using Category A once you have been working both jobs for 6 months and earning over £1550 consistently.


But you can only work for one employer under Cat A, so you can only do that if your full-time and part-time jobs are with the same employer. I have seen someone approved under Cat A with multiple jobs or contracts but all for the same employer, but not with two or more employers.


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## Leanna (Oct 22, 2012)

Joppa said:


> But you can only work for one employer under Cat A, so you can only do that if your full-time and part-time jobs are with the same employer. I have seen someone approved under Cat A with multiple jobs or contracts but all for the same employer, but not with two or more employers.


Good to know Joppa, thanks.


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## saif_ta (Mar 15, 2013)

thank you guys
she get paid cash for the 2nd part time job so is there no problem on calculating requirement ... 
can home office take in consideration that she have child and can't work extra hours ? as they says they are more flexible after (6 April ) .


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## Joppa (Sep 7, 2009)

saif_ta said:


> thank you guys
> she get paid cash for the 2nd part time job so is there no problem on calculating requirement ...
> can home office take in consideration that she have child and can't work extra hours ? as they says they are more flexible after (6 April ) .


No. You must have £18,600 or your application will fail. Flexibility is only on minor matters, not on the fundamental pillar of the new rules, which is a set finanicial requirement.


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## saif_ta (Mar 15, 2013)

that's not fair on British citizens , as long as eea can bring theirs partner without need for 18k why home office is doing this can't understand


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## emy2007 (Jan 20, 2013)

Hi I'm again.confused.... I only earn 15500 per year... I have the shortfall in the bank... What category do I apply under?


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## WestCoastCanadianGirl (Mar 17, 2012)

saif_ta said:


> that's not fair on British citizens , as long as eea can bring theirs partner without need for 18k why home office is doing this can't understand


They are trying to cut the number of people who come and stay in the UK and this is the way that they've come up with to do it.

I agree with you that it's not fair to Britons to have to face these rules while other EU citizens can come and bring their non-EU spouses and live and work in the UK.


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## saif_ta (Mar 15, 2013)

hello if you have [ ( 18.600 - 15.500 ) *2.5 + 16.000 ] = 23750£ in saving so yes you can apply only if u had been working for 12 months more than 1 job and 6 months for 1 job


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## saif_ta (Mar 15, 2013)

yes "westcoast" actually british ppls have more rights in france or in germany than in theirs origine country that's shame , if they want to limit so they have to stop helpless polish romanians and hungarians ... that taking over jobs for lower salary and turning britain into a hopeless country year after year 
instead britain have to respect graduate and hight value immigrant so that's how it have to be coz family immigrants are not that much after all its family


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## lidi (Nov 16, 2012)

no body paid attention to my questions!!!!!


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## Leanna (Oct 22, 2012)

lidi said:


> no body paid attention to my questions!!!!!


Okay. Chill out. Possible that no one answered because they did not know, or perhaps missed seeing your question. If it wasn't relevant to the original posting, try posting a new thread with your question, including as much information as possible. 

Seeing as your question was a result of the proposed changes, its possible that we don't know the answer and won't know any more information until we hear something official from UKBA. Be patient, we're all learning.


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## Joppa (Sep 7, 2009)

emy2007 said:


> Hi I'm again.confused.... I only earn 15500 per year... I have the shortfall in the bank... What category do I apply under?


You are £3100 short so you need 2.5 x 3100 + 16000 = £23,750 in your bank account with the balance not dropping any lower for 6 months. Then you can apply under Cat A (or Cat B if your income fluctuates) plus Cat D.


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## emy2007 (Jan 20, 2013)

It has flucutated a few times if I got a small bonus... I don't want them to take it into.consideration as it is not constant... Therefore id like to.apply under category a


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## lidi (Nov 16, 2012)

thank u anywayes.


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## Harun (Jan 27, 2013)

Cat A is for people with one job and that their monthly income is £1,550 or above. All you need is 6 months pay slips.

Cat B is for people with two jobs or more or for people who's income fluctuates due to over time and bonuses. You will need to provide 12 months of pay slips for Cat B.


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## emy2007 (Jan 20, 2013)

Joppa...
My Income fluctuates but not regularly only of i recieve a bonus(i am not relying on this bonus at all as it is not something than can be relied upon)... its not a regular thing... I earn 1291 per month before tax... £15500 per year... and I have the savings and have been with my current employer now for the past 1 year and 5 months... I am definitely going to use category D for the shortfall but am really struggling to understand whether i should use Category A or not?if I use category B i can supply 12 months payslips, do i also have to submit 12 months worth of bank statements...?

thanks


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## Harun (Jan 27, 2013)

Yes, Cat B requires 12 months of pay slips and bank statements.

UKBA want to see you have earned £18,600 or plus in 12 months. The bank statements are a quality control checking procedure so they can see that your wages actually go into your bank account and everything is 'legit'.


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## Joppa (Sep 7, 2009)

emy2007 said:


> Joppa...
> My Income fluctuates but not regularly only of i recieve a bonus(i am not relying on this bonus at all as it is not something than can be relied upon)... its not a regular thing... I earn 1291 per month before tax... £15500 per year... and I have the savings and have been with my current employer now for the past 1 year and 5 months... I am definitely going to use category D for the shortfall but am really struggling to understand whether i should use Category A or not?if I use category B i can supply 12 months payslips, do i also have to submit 12 months worth of bank statements...?


Whether to go for Cat A or B depends on how much savings you have, and whether you have all the payslips and bank statement for the corresponding period. If you earn at least £1291 gross a month, your annualised pay is £15492 (Cat A), so a shortfall of £3108. To meet it with savings, you need 3108 x2.5 + 16000 = £23,770 left untouched (balance not dropping any lower) for 6 months (Cat D). If your 12-month income is more than £15492 (including overtime, commission and bonus etc), then you require less in savings. Bank statement is always required for 6 months (Cat A) or 12 months (Cat B).


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## emy2007 (Jan 20, 2013)

Thanks


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## emy2007 (Jan 20, 2013)

Yes it might be more than 15492 as I have had a couple of bonuses over the last 12 months... Do u think in my case I should apply using cat A or B... I have my 12 months payslips and I.can get from my bank 12 months bank statements although the savings for the shortfall will only be in my bank for 6 of the 12 months...


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## Joppa (Sep 7, 2009)

emy2007 said:


> Yes it might be more than 15492 as I have had a couple of bonuses over the last 12 months... Do u think in my case I should apply using cat A or B... I have my 12 months payslips and I.can get from my bank 12 months bank statements although the savings for the shortfall will only be in my bank for 6 of the 12 months...


Cat A, if you qualify, is easier to evidence as you only need 6 payslips, 6-month bank statement, plus employment letter, P60 and job contract. 
Savings need to be in your account for only 6 months for either.


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## emy2007 (Jan 20, 2013)

How do mean qualify? I'm sorry for asking so many questions... I really want to apply using cat A as I know is straightforward... I don't want to include my bonuses


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## Joppa (Sep 7, 2009)

Working for same employer for six months.


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## emy2007 (Jan 20, 2013)

Yes I have been for a year and 5 months...worried abt the fluctuations because of a few bonuses over the past year... Do I think it will be ok to apply through cat A with cat D?


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## Joppa (Sep 7, 2009)

emy2007 said:


> Yes I have been for a year and 5 months...worried abt the fluctuations because of a few bonuses over the past year... Do I think it will be ok to apply through cat A with cat D?


Yes, if you meet my calculation above.


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## emy2007 (Jan 20, 2013)

Firstly thank you so much for your help... I really appreciate it!!!!
I have the savings in my bank ready for the shortfall.... On my contract it says I get 15500 per year but may be more due to bonuses so u don't think that will be an issue if I apply under cat A?I am just so worried about applying under the wrong category...


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## Joppa (Sep 7, 2009)

emy2007 said:


> Firstly thank you so much for your help... I really appreciate it!!!!
> I have the savings in my bank ready for the shortfall.... On my contract it says I get 15500 per year but may be more due to bonuses so u don't think that will be an issue if I apply under cat A?I am just so worried about applying under the wrong category...


Attach a sheet showing how you meet the requirement.
1. Take the lowest amount shown in your six monthly payslips.
2. Multiply by 12.
3. Subtract from 18,600, which is the shortfall.
4. Multiply the shortfall by 2.5 and add 16,000.
5. This is the amount you need in your savings, left untouched for 6 months.


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## emy2007 (Jan 20, 2013)

Yes ok... That's fine... So I can use my lowest salary within 6 months and apply under Cat A...


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## Joppa (Sep 7, 2009)

Yes. Provided you have sufficient in your savings (held for 6 months) to cover the shortage.


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## emy2007 (Jan 20, 2013)

I soooo thanks for your help


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## NabilAffan (Jan 15, 2013)

"* To clarify that those working in the UK at the date of application can include earnings from employment in the UK and overseas, where they are required to show the amount of their earnings from employment in the 12 months prior to application.
This mainly refers to Cat B. If they are working in UK and have to show income during the past 12 months, overseas as well as UK income can be counted."

So is this mean I can include my wife Dubai payslips for last year?? She were working in Dubai till August and joined school in in UK in Sep 2012 till moment.

Can I add her salary payslips for May+June+July+August and add it to total "Taxable pay to date" ?


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## NabilAffan (Jan 15, 2013)

In same time, i've just read a document called "*previous earnings*" for WP(UK) saying: 

_*Working in several countries in the period being claimed up to a maximum of twelve months
*
If the applicant has lived and worked in more than one country during the past fifteen months, the caseworker will normally assess the total income over the total period being claimed up to a maximum of twelve months, against the country where the applicant has spent the longest period, on a pro-rata basis. To pro rata the income a caseworker would use the following calculation:
Total earned income (from the country where the most time was spent) amount x twelve
Number of months worked there
For example WP(UK) will consider a period of up to twelve months in the last fifteen. If the applicant has supplied evidence that they have spent eight of the months for which earnings are claimed in the United Kingdom and then four months in Nigeria, the caseworker should take the earned income in the United Kingdom, divide it by eight and multiply by twelve to give an annual income figure. The applicant is then allocated points appropriate to that figure. The applicant should provide supporting evidence to cover the full period claimed if they wish to claim earnings on a pro rata basis
If the situation should arise where the applicant has worked for exactly six months in each country consecutively, to total twelve months, then the earnings should still be calculated on a pro rata basis for both amounts. The income that benefits the applicant most should be the figure that is considered.
The applicant may also have worked in more than one country for a period of less than twelve months. For instance, if the applicant has worked for only nine months over the earnings period claimed and they have supplied evidence that they have spent six of the months in The United Kingdom and three months in Nigeria, the caseworker would use the following calculation:
Total earned income (from the country where the most time was spent) amount x nine
Number of months worked there

*This is the only occasion where we can pro-rata an applicant’s earnings.*_

This document is available on UKBA and got it via Google. So, again not very clear if with the new changes we will be following same method, for example, my wife was here in Dubai and worked for 1 year and got salary till Aug 2012, then joined School in England from Sep up to date, we will apply in Med-Apr 2013. that means over last 12 months she worked in Dubai Apr+May+June+July+August (5 last months in Dubai) and rest 7 months in England. Which means they won't calculated the money of that 5 months, instead, they will add more 5 months to the total received of 7 months of her work in England and that will be divided by 7 and multiply by 12!!! It means 14K of that 7 months will not be enough!!!

I'm i'm not wrong about this documents, Then what's the benefit from this change, previously, they don't consider any other job but England which means her 14K /7 * 12 = 24K that is above the requirements.

Because in same document it says:


_"The applicant can request that their earnings be considered for any consecutive period of up to twelve months within the fifteen months immediately prior to their application being received by WP (UK). Applicants do not need to claim for a full twelve-month period. *If they only have earnings for a period of less than twelve months then this should still be considered. However, earnings for a period of less than twelve months should not be pro-rated up to a twelve-month equivalent.* Earnings must be for one consecutive period, and the applicant should indicate on the application form the start and end date of the earnings period being claimed. For example, the applicant can request that we consider the first six months of the fifteen months immediately prior to their application being received. However, we cannot consider the first six months, exclude the middle three months, and include the final six months within the fifteen month period. If the applicant claims for a period outside/exceeding the twelve months out of a fifteen-month period prior to the
￼
application date, then the twelve months directly prior to the application date should be assessed.
If the applicant has been studying during this period please see the paragraph below concerning time out of employment for study."_

I need advise about this please for me and others.


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## NabilAffan (Jan 15, 2013)

Any response please


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## Guest (Mar 28, 2013)

I think the majority of people who get affected with these changes are, Dependents of 10 Yr LR Route main members. Where the dependents were either Student Dependents and/or PSW Dependents cannot combine their previous stay to have completed the qualifying period (2 yrs) before applying for Indefinite Leave. Which earlier was a kind of loop hole.


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## NabilAffan (Jan 15, 2013)

DamanisShallo said:


> I think the majority of people who get affected with these changes are, Dependents of 10 Yr LR Route main members. Where the dependents were either Student Dependents and/or PSW Dependents cannot combine their previous stay to have completed the qualifying period (2 yrs) before applying for Indefinite Leave. Which earlier was a kind of loop hole.


The important question is that, will they allow you to include the months you worked on before you started working in UK to have full 12 months?

Example if you were working from april 2012 in Dubai till August , and started in UK from Sep till april 2013, can you combined all of these 12 months income and apply?


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## Guest (Mar 28, 2013)

No, But your question is rather confusing. Are you asking about the main applicant or the Spouse.

For spouse, The income earned outside the UK is disregarded whatsoever. Unless your usual Salary & Tax was paid within the UK.


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## Leanna (Oct 22, 2012)

DamanisShallo said:


> No, But your question is rather confusing. Are you asking about the main applicant or the Spouse.
> 
> For spouse, The income earned outside the UK is disregarded whatsoever.


Some rules are changing in April that may allow income earned from outside the UK to be counted.


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## Guest (Mar 28, 2013)

Leanna said:


> Some rules are changing in April that may allow income earned from outside the UK to be counted.


Now, thats a NEWS for me....I'd love to refer to the above if you can properly reference it to the source.


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## Leanna (Oct 22, 2012)

DamanisShallo said:


> Now, thats a NEWS for me....I'd love to refer to the above if you can properly reference it to the source.


I remember reading somewhere on UKBA. I'll have a hunt and see if I can find it for you


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## NabilAffan (Jan 15, 2013)

DamanisShallo said:


> No, But your question is rather confusing. Are you asking about the main applicant or the Spouse.
> 
> For spouse, The income earned outside the UK is disregarded whatsoever. Unless your usual Salary & Tax was paid within the UK.


I believe you are not aware of latest UKBA update related to spouse visa. Most probably they will allow ppl to count outside UK income to 12 months after 6 Apr.

My Question was how?


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## Leanna (Oct 22, 2012)

DamanisShallo said:


> All I could see is


You can find the document here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf

Here's the quote:

To clarify that those working in the UK at the date of application can include earnings from employment in the UK and overseas, where they are required to show the amount of their earnings from employment in the 12 months prior to application.

And here was Joppa's comment on it from this forum: 

This mainly refers to Cat B. If they are working in UK and have to show income during the past 12 months, overseas as well as UK income can be counted.

From here: http://www.expatforum.com/expats/br...k/146446-changes-immigration.html#post1089486

And the document Joppa refers to: http://www.ukba.homeoffice.gov.uk/s...atementsofchanges/2013/hc1039.pdf?view=Binary


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## Pond (Mar 27, 2013)

Do you have a link for these changes in April?


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## Leanna (Oct 22, 2012)

Pond said:


> Do you have a link for these changes in April?


My post just above yours lists a link to the proposed changes as well as Joppa's summary of the changes.


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## Pond (Mar 27, 2013)

Sorry it didn't scroll up before. So that only applies for those already in the uk working not those trying to get entry clearance? Too bad :-( 
My husband earns a good wage here but I am a stay at home mum we want to return to uk but with this financial requirement can't unless I return to work. It seems very unfair for mothers. My youngest is just a baby- is there any way they would understand that I can't work but my husband is working?


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## Leanna (Oct 22, 2012)

Pond said:


> Sorry it didn't scroll up before. So that only applies for those already in the uk working not those trying to get entry clearance? Too bad :-(
> My husband earns a good wage here but I am a stay at home mum we want to return to uk but with this financial requirement can't unless I return to work. It seems very unfair for mothers. My youngest is just a baby- is there any way they would understand that I can't work but my husband is working?


Not at this point I'm afraid. UKBA allows no leeway under any circumstances in regards to the financial requirements. As the UK citizen it is only your income that counts, and unfortunately we don't foresee that changing any time soon. If you were working now earning £18,600 (equivalent) and had a job offer in the UK with a promise of earning the same (or more) within 3 months, that would qualify, but your husband's earnings do not count unfortunately. Is your baby a British Citizen? If not then your requirement increases as well. 

If you aren't relying on income, you can instead rely on savings, but that requires you have £62,500 in savings left untouched for 6 months, something most people don't have.


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## Water Dragon (Jun 28, 2011)

*Typical time of year for changes?*

Is there a typical time of the year when major changes are implimented - ie last July's bombshell?

I'm hoping there won't be any more big changes for spousal visa's for a while, if at all. But wondering if they have any set pattern or time frame for such things?

I just read two articles in The Guardian that were mentioned in other posts about the UKBA and the notice that is finally being taken regarding the backlog and its effect on so many British citizens and their spouses. Maybe improvements are on the way at last.

We can try to stay positive, right?:fingerscrossed:


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## Joppa (Sep 7, 2009)

Water Dragon said:


> Is there a typical time of the year when major changes are implimented - ie last July's bombshell?
> 
> I'm hoping there won't be any more big changes for spousal visa's for a while, if at all. But wondering if they have any set pattern or time frame for such things?
> 
> ...


No pattern. Changes are frequent, random and given little advance notice (lucky to get a month). While some changes are the result of feedback from visa officers, caseworkers and immigration advisors in the light of experience and practical application, other changes are politically driven designed to appease the electorate angry at high levels of immigration. Now all three major political parties have agreed to have a tough and robust immigration policy (and Labour apologising for past neglect and inaction), any loosening of rules is out of the question, as it means political suicide and electoral disaster.
Any backtracking is as a result of UK or European court judgement.


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