# Few question about spouse visa



## Sofyane (Mar 8, 2013)

Hi all, I woul like to ask a few question regarding spouse visa as I find this place the most informative in dealing with matters. So thanks in advance to everyone who participated in this great work.

1- I am hoping to apply by mid May. Regarding the financial requirement even though that I meet the 18.600 set by the ukba, it won't be shown on my P60 for 12/13. The reason why is because I took 2 months off from work in the summer and got married then and took one month just before Christmas till mid Jan. so it was leave without pay. I can get my boss to write this but do you think this will cause any problem? I gathered 4 payslips from November and waiting until April and in all of them they have more 1550 as gross pay.

2- my wife is pregnant and she is expecting the baby end of Sep begening of Oct. do you think that if I mention this will make case stronger.

I would like to thank you in advance for all your help.


Sofyane


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## AmyD (Jan 12, 2013)

Pregnancy won't make the case stronger unless it is to show your subsisting relationship. I'll let someone else comment on the financial stuff but will say that if there is ever any doubt about the financial stuff, WAIT. The financials have to be rock-solid, there is no discretion or flexibility in the requirements so make sure that every one of the payslips from the preceding six months of the application shows at least £1550 gross.


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## Joppa (Sep 7, 2009)

To apply under Cat A, during 6 consecutive months, you must have earned at least £1550 gross every month. So if your 6-month period that included your unpaid leave in Dec and Jan still produced monthly payslips of £1550 gross or more, then you can apply. If it did dip below £1550, wait until you have six consecutive payslips of £1550+. Or if you have earned £18600 during the past 12 months despite your unpaid leave, you can apply under Cat B.


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## Sofyane (Mar 8, 2013)

Thank you very much Amy and Joppa for your quick reply.

Yes all my payslips from Nov 12 up to now shows more than 1550 on them. My concern is that on the P60 I won't make the 18,600 as I took leave without pay during the summer (over 2 months). Do I have to state this on the letter that I will include with the papers and does my employer has to mention this as well. Or I won't need to submit my p60 with the application to start with. I am a bit confused here.

My second question is how will I know if the degree that my wife has is sufficient as proof for her English. She has a degree in English which she completed in summer 2012. 

Again thank you very much for all your efforts.

Kind regards


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## sheldon1 (Nov 25, 2012)

My wife last week was approved her spouse visa. My p60 for 2011-2012 had a short fall of£2500 dut to me not stating my current job until May 2011. Your p60 will also be out of date.

Explain fully in your supporting letter, your sickness etc. Cat A make sure you have 6 payslips all showing £1550 or more for the 6 months in advance of your application.

You will fine.


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## Sofyane (Mar 8, 2013)

Sofyane said:


> Thank you very much Amy and Joppa for your quick reply.
> 
> Yes all my payslips from Nov 12 up to now shows more than 1550 on them. My concern is that on the P60 I won't make the 18,600 as I took leave without pay during the summer (over 2 months). Do I have to state this on the letter that I will include with the papers and does my employer has to mention this as well. Or I won't need to submit my p60 with the application to start with. I am a bit confused here.
> 
> ...



Please can anyone look at my questions.


Regards


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## sheldon1 (Nov 25, 2012)

Your P60 is not important as you may think and will be out of date anyway. But still include it in your application, as you are complying with their request. If you are applying around 2-4 months of April 2013 then it would be important as its's in date. Your previous P60's are not in date. But would help the ECO to see that your are in regular employment with same company. If it does not show £18600 don't worry mine didn't. Just explain in your supporting letter all the sickness you had etc. Give us much explanation as possible in your supporting letter. Yes if your employer can shed some light that's even better.

It's all about justifying every single issue. The ECO is not an mind reader he will only go on the information you give him/her. Keep focused and make sure all your documents are in order. 

Hope that helps


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## sheldon1 (Nov 25, 2012)

Your wife will have to take the required English test. (SEE UKBA WEBSITE) It does not matter what degree your wife has got. She will still have to comply with UKBA rules regarding this. If she doesn't this will lead to a automatic refusal.

Check the website, for the required qualification. If your wife has a degree she will do it blind folded. Don't worry about that. It's very basic. But will change in October 2013 to B1 standard. But no where near your wife standards. Move on this issue quickly i would recommend.


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## Sofyane (Mar 8, 2013)

sheldon1 said:


> Your wife will have to take the required English test. (SEE UKBA WEBSITE) It does not matter what degree your wife has got. She will still have to comply with UKBA rules regarding this. If she doesn't this will lead to a automatic refusal .


Thank you very much Sheldon1, much appreciate your help.

What about this that I find in the UKBA website:


[/QUOTE] Degree taught in English
If you want to show that you meet the English language requirement because you hold an acceptable degree taught in English, you should provide the original certificate of your award.

This certificate must be original, and must clearly show:

your name
the title of the award
the date of the award
the name of the awarding institution [/QUOTE]


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## sheldon1 (Nov 25, 2012)

There have been a few cases were a visa has been refused. Because the English requirement was not provided. Now in your case it could differ. Please do some more research into exactly what the UKBA require in your case. Post a new thread on this site. Or search specific posts on this subject.

Good luck. Sorry i cannot be of further help. But i would not like to mislead you on this one. There will be members here that will know exactly what you require.


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## Sofyane (Mar 8, 2013)

sheldon1 said:


> There have been a few cases were a visa has been refused. Because the English requirement was not provided. Now in your case it could differ. Please do some more research into exactly what the UKBA require in your case. Post a new thread on this site. Or search specific posts on this subject.
> 
> Good luck. Sorry i cannot be of further help. But i would not like to mislead you on this one. There will be members here that will know exactly what you require.



Thank you very for the advice.

Yes I will wait for other members to clarify this hopefully.

Kind regards,


Sofyane


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## WestCoastCanadianGirl (Mar 17, 2012)

> Degree taught in English
> If you want to show that you meet the English language requirement because you hold an acceptable degree taught in English, you should provide the original certificate of your award.
> 
> This certificate must be original, and must clearly show:
> ...


Lets say I finished a Masters degree in Marine Biology in June 2010 and were to use the degree to prove my English Language requirement, the diploma that the university gave to me _must_ include the following information:

*your name* Elizabeth Kazue TANAKA 
*the title of the award* Master of Science, Marine Biology
*the date of the award* June 2010
*the name of the awarding institution* University of Hawaii at Mānoa

I would then submit the diploma that the university gave to me (also send a photocopy of the diploma... it would have been hard work for that degree and there is no way I'm going to let them keep the original!!!)


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## MacUK (Jul 3, 2012)

I thought my degree would be recognised as meeting the English Language requirement, but it wasn't. I'm an Interpreter (French and English). They compare your degree using UK NARIC to see whether it corresponds with the UK type of Bachelor's or Master's Degree or if it was taught and researched in English. Even then it's iffy. 
Since I was not exempt from the English Language requirement, I took a test at the local British Council. The UKBA has a list of tests which are approved for those purposes. 
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf


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## stormystorms (Feb 19, 2013)

MacUK said:


> I thought my degree would be recognised as meeting the English Language requirement, but it wasn't. I'm an Interpreter (French and English). They compare your degree using UK NARIC to see whether it corresponds with the UK type of Bachelor's or Master's Degree or if it was taught and researched in English. Even then it's iffy.
> Since I was not exempt from the English Language requirement, I took a test at the local British Council. The UKBA has a list of tests which are approved for those purposes.
> http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf


*What do you mean it wasn't recognized? And what do you mean it's 'iffy'? Any evidence of your claim?*

I'm planning to submit my application on Tuesday and my proof of my English capability is that:

a) my degree is equivalent to a UK standard Bachelor's degree (with Statement of Comparability from UK NARIC)
b) it was taught in english (with Certificate of English as Medium of Instruction)

This should be enough according to http://www.ukba.homeoffice.gov.uk/s...ners-other-family/guidance-for-applicants.pdf which says:

"(C). have obtained an academic qualification (not a professional or vocational 
qualification) which is deemed by UK NARIC to meet the recognised standard 
of a Bachelor's or Master’s degree or PhD in the UK, and provides the 
specified evidence to show:
(1) s/he has the qualification, and
(2) that the qualification was taught or researched in English

If an applicant claims that they have completed an academic qualification 
taught in English, they must provide the original academic qualification 
certificate (provisional academic qualification certificates are not acceptable),
showing:
• the applicant’s name;
• the title of award;
• the date of award; and
• the name of the awarding institution."

EDIT: it also says:

"An applicant can meet the requirement in one of the following ways:
1. by passing an acceptable test at a minimum level A1 of the Common 
European Framework of Reference for Languages (CEFR) with an 
approved provider, or
2. by being a national of a majority English speaking country, or
3. by having an academic qualification equivalent to a Bachelor’s or 
Master’s degree or PhD in the UK, which was taught in English."


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## MacUK (Jul 3, 2012)

Ah I'm sorry I did not explain myself very well.
My degree IS the equivalent of a UK Bachelor's Degree in Consecutive and Simultaneous Interpretation, and I studied at the most prestigious University in my country. I checked hundreds of sites confirming this, but they all indicated that I have to have my diploma evaluated by the UK NARIC. It was much more simple for me to take an ELT, which I passed with distinction of course. 
I went on the UKBA website, used the points based system calculator, and when I entered all the data requested, I got 0 points hahah. 
Then I realised that none of the Universities in my country are recognised in the UK, I don't know how, but I bet you have to do an evaluation with the UK NARIC, to see whether it corresponds to their educational system (as in any other country, you have to have your diploma validated by the Ministry of Education -this is in my country, in the UK it's UK NARIC). 
Of course I am not a national of an English speaking country, and my University is not an English or French University, but a national university. 
I did read about another applicant on here that relied on the UK NARIC to evaluate his degree, he did not pass an English Language Test and got refused because he did not meet the ELT Requirement.


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## stormystorms (Feb 19, 2013)

MacUK said:


> Ah I'm sorry I did not explain myself very well.
> My degree IS the equivalent of a UK Bachelor's Degree in Consecutive and Simultaneous Interpretation, and I studied at the most prestigious University in my country. I went on the UKBA website, used the points based system calculator, and when I entered all the data requested, I got 0 points hahah. Then I realised that none of the Universities in my country are recognised in the UK, I don't know how, but I bet you have to do an evaluation with the UK NARIC, to see whether it corresponds to their educational system.
> Of course I am not a national of a English speaking country, and my University is not an English or French University, but a national university.
> I did read about another applicant on here that relied on the UK NARIC to evaluate his degree, and did not pass an English Language Test, and got refused because he did not meet the ELT Requirement.


Yes, that's why I had my degree assessed by the UK NARIC. Their assessment came back and it says that mine is indeed equivalent to the UK Bachelor's degree.

As for the refused applicant, do you remember why exactly? Maybe his degree was not taught in English? Do you have a link for it?

It seems unlikely that they would refuse my application, when it is VERY CLEAR in their website that I DO MEET THE REQUIREMENTS THEY SPECIFIED.

Now I'm panicking. Any advice from anyone else?


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## MacUK (Jul 3, 2012)

Okay, first thing, I did not want to upset you, I'm so sorry  
You have to keep in mind that my situation is unique, and that English is not my mother tongue. Nor am I from an English speaking country. 
If you studied in the UK, USA or any other English speaking country, and I can see that you got your degree assessed by the UK NARIC, then you are OK! 
Let me try and find that thread, hold on a second please 
And don't panic!


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## MacUK (Jul 3, 2012)

Here you go  And keep in mind that every situation is unique, you have nothing to worry about!

http://www.expatforum.com/expats/br...g-uk/135578-spouse-visa-has-been-refused.html


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## stormystorms (Feb 19, 2013)

MacUK said:


> Okay, first thing, I did not want to upset you, I'm so sorry
> You have to keep in mind that my situation is unique, and that English is not my mother tongue. Nor am I from an English speaking country.
> If you studied in the UK, USA or any other English speaking country, and I can see that you got your degree assessed by the UK NARIC, then you are OK!
> Let me try and find that thread, hold on a second please
> And don't panic!


Haha don't worry you're not upsetting me. I'm pretty sure everyone can attest that fulfilling these visa requirements can make someone cranky and jittery. I apologize. 

Anyway, I don't come from a majority English language speaking country as well (at least, they don't recognize it to be...I'm from the Philippines). It's also outside the EEA.

I'm just hoping the UKBA won't pull off a trick that will disqualify me, even when they clearly stated on their guidelines that I am qualified. Makes me nervous! :drama:


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## stormystorms (Feb 19, 2013)

MacUK said:


> Here you go  And keep in mind that every situation is unique, you have nothing to worry about!
> 
> http://www.expatforum.com/expats/br...g-uk/135578-spouse-visa-has-been-refused.html


Ah I think I know the problem! This is for everyone else in the same situation:

This person states, "I received a letter from UKNARIC after they evaluated my qualification as a nurse from the philippines. I provided all the documents and certificate from my institutions saying my qualification was taught or researched in english but the UKNARIC states on the letter that does not meet the requirements of CEFR C1 which i only need a CEFR A1 level."

You see, UK NARIC has two services:

a) Statement of Comparability - which assess whether your degree is equivalent to UK degree; and
b) English Assessment - which asses whether your degree was taught in at least a C1 level of English.

To qualify for the English Language Requirement of the UKBA, you need to have at least an A1 level of English.

In my case, I used (will be using) UK NARIC's option A. So that I can prove to the UKBA, according to their requirements, that my degree is equivalent to the UK degree. My proof that it was taught in English will be in the form of another certificate (one that is issued by my university). Thus I qualify for the English requirement because a) my degree is equivalent to UK degree, and b) it was taught in English.

The girl above on the other hand used UK NARIC's option B. Unfortunately, UK NARIC is only able to confirm whether or not your degree is taught in at least a C1 level of English. Upon assessing the girl's degree, UK NARIC responded that it was NOT at least C1 level of English. Even if her degree was taught in at least A1 level of English (which is UKBA's minimum requirement), UK NARIC will not be able to comment on that. So she does not pass UKBA's English requirement.

I've read this thread before actually. So whewwwwwww. I just hope that they stick by their guidelines and not pull off a tricky move to deny me unfairly.


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## MacUK (Jul 3, 2012)

Hahaha you should have seen my full on panic attacks before I applied  
That was interesting hahah! 
No worries, just follow their guidelines, be prepared and hope for the best.
If you meet the requirement, they cannot deny you for that reason, it's as simple as that.


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