Hello
Guest

Sponsored Links


Topic: Extending the Spouse Visa - Starting questions  (Read 2007 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #45 on: January 23, 2017, 12:24:44 AM »
So if we applied and all through the application I put my married name but then sent my passport in with maiden name this would be ok?

I would think so, because you have the marriage certificate proving that you are the same person.

It's only important that the applicant uses the same name on the application as on their passport, because the name on the visa MUST match the name on the passport.

Also, the application form asks for the sponsor's full name in 3.1, and then their name at birth, if different, in 3.2. So you can put your married name for 3.1 and your maiden name for 3.2.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #46 on: January 23, 2017, 12:34:30 AM »
OK great!

Thanks again. I'm sure I will be back with more soon 🙈


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #47 on: January 23, 2017, 08:11:27 AM »
ok IHS number. I cannot seem to find this in emails. Is it important? Surely we dont need it as we have to pay again with this application. If I cant find it and we need it can i retrieve it somewhere.

Thanks


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #48 on: January 23, 2017, 09:06:49 AM »
ok IHS number. I cannot seem to find this in emails. Is it important? Surely we dont need it as we have to pay again with this application. If I cant find it and we need it can i retrieve it somewhere.

Thanks

It means your new IHS number for this application. You won't get it until you pay the £500 IHS surcharge, which you need to do before you apply: https://www.gov.uk/healthcare-immigration-application/overview.

If you applied for your first visa before April 2015, you won't have an IHS number from that application anyway, since it wasn't introduced until April 2015.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #49 on: January 23, 2017, 09:37:09 AM »
OK great! Thanks for clearing that up.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #50 on: January 23, 2017, 10:23:41 AM »
Ok I just wanted to check. These are the only guidance notes right?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/579279/FLR_M__guidance_notes_21-12-16.pdf

I feel like im being a right idiot asking all these questions but seriously its making me feel like I need a degree to answer some of these and I thought maybe I am missing some documentation somewhere that takes you through question by question.


I have some more questions brewing but I must go see to the baby!!!


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #51 on: January 23, 2017, 11:44:27 AM »
Ok I just wanted to check. These are the only guidance notes right?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/579279/FLR_M__guidance_notes_21-12-16.pdf

I feel like im being a right idiot asking all these questions but seriously its making me feel like I need a degree to answer some of these and I thought maybe I am missing some documentation somewhere that takes you through question by question.

Yep, that's the only 'guide', though it's not really a guide at all. Unlike for the spousal visa, there is no question by question guide for FLR(M) (no idea why not)... which is why people ask us how to answer them here on the forum :P.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #52 on: January 23, 2017, 09:59:07 PM »
Ok Im glad thats the case and im not a complete idiot  ;)

Ok back for round 2. Heres a load of questions altogether which just about wraps it up for me.

Page 31 - Question at top. Now my husband took an awful job with an Umbrella company (like an agency) end of Oct. He hadnt earned any money throughout the rest of the year as he had been in the states renovating a house we bought where his mum now lives. He tried to get a better job before the 6 month cut off but it didnt happen so his salary as specified in his contract is 250 per week (13,000) per year which i have entered in 7.3a (xiv). Now my question is about the question on that page.


"You or your sponsor must have been employed by the same employer for 6 months prior to the application and your combined total earnings must meet the specified amount at 7.3A (xiv) for this 6 month period. If not, does you and your sponsors income from salaried employment received in the 12 months prior to application meet or exceed the financial requirement you must
meet? "


Now the Umbrella company did not pay him for 2 days he had off around the birth of our daughter in December. The company he worked at closed for 8 days over christmas and he didnt get paid for that also. Will this affect that question? He has been working all the overtime they give and I think hes made up all those lost hours but obviously not in the same weeks (he gets paid weekly) and he will also be taking any overtime given before we apply in May so technically he should earn over 13,000 (6 months x2) by the time we apply.

Page 33 - What is the account reference number? Is it my bank account the rental comes into or maybe my rentals management company account?

Page 34 - So we are using  cat A (his emp 13,000) and cat C (rental 6,600) . Can we also use Maternity Allowance. I  (the spouse) am self employed and I am claiming maternity allowance currently and plan to for 3 months. I know we have met the req above but if our rental stops renting before may we wont have 6600 so every little helps.

Page 38/39/40 Maintenance - Dont apply to us do they?

Page 42 -Is it worth stating in there that I am self employed even though we cannot use it and stating my salary and giving in a tax return? Also is it worth stating our rental has no mortgage and giving evidence for that? I know its got nothing to do with the application but maybe it helps?

Page 55 - This only needs to be filled in if ONE trip exceeds 6 months ...is that correct?

Page 62 - Travel docs checkbox. Do we need to send any travel documentation for trips outside the UK?
- My husband had to get an FBI check and DBS check for my job as a childminder. Will he need to send these in. It says if hes been asked to register with the police. Is this the same thing?

Page 65 - During our time together I spent a month in our rental when I was painting and decorating it before it went to rent. I also put single occupancy on the tax for this month to get a discount so I had technically moved out of our primary address although I was there a lot. Will this flag on my application as it went through the council tax. I was paying full tax on it before and after that month but not living there.

Page 67 - Does this apply to children born here and not on the application?  -"Evidence of where your child/children normally lives and that you and/or any partner play an active role in their upbringing."

Page 71 - Do I sign this since the rental is in my name?

ok im going to work through evidence on the financial requirements and then I think I am done with questions....possibly  :o

Thanks everyone. You are all amazing!


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #53 on: January 23, 2017, 10:32:17 PM »
Last couple of questions for now on the financial requirements. Since we are relying on cat a and c is this all the evidence we need.

cat a
- husbands bank statements printed off from the 6 month period with the banks stamp on each page.
- payslips for the period (they are all emailed so is that ok?)
- letter from employer confirming employment, annual salary, length of employment, period for application purpose (dec-may), employment type

cat c
- land registry title
- rental contract
- Invoices from the management company to show income before their fees and maintenance comes off
- banks statements for the 12 month period on applying with banks stamp on each page.

phew done i think!

Thank you :)


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #54 on: January 23, 2017, 10:49:23 PM »

"You or your sponsor must have been employed by the same employer for 6 months prior to the application and your combined total earnings must meet the specified amount at 7.3A (xiv) for this 6 month period. If not, does you and your sponsors income from salaried employment received in the 12 months prior to application meet or exceed the financial requirement you must
meet? "


Now the Umbrella company did not pay him for 2 days he had off around the birth of our daughter in December. The company he worked at closed for 8 days over christmas and he didnt get paid for that also. Will this affect that question? He has been working all the overtime they give and I think hes made up all those lost hours but obviously not in the same weeks (he gets paid weekly) and he will also be taking any overtime given before we apply in May so technically he should earn over 13,000 (6 months x2) by the time we apply.

You're making this question too complicated.

They are basically asking: are you applying under Category A (answer yes) or Category B (answer no)?

If he has been employed with his current employer for at least 6 months, and his salary has been £13,000 for the full 6 months (evidenced by the payslips and employer letter), you apply under category A and tick YES.

If he does not meet this requirement, where he hasn't been in the job for 6 months yet, and you are proving that he has ALSO earned at least £18,600 in the 12 months before applying, then you tick NO.
Quote
Page 33 - What is the account reference number? Is it my bank account the rental comes into or maybe my rentals management company account?

No idea, though I'd guess maybe your bank account number?
Quote
Page 34 - So we are using  cat A (his emp 13,000) and cat C (rental 6,600) . Can we also use Maternity Allowance. I  (the spouse) am self employed and I am claiming maternity allowance currently and plan to for 3 months. I know we have met the req above but if our rental stops renting before may we wont have 6600 so every little helps.

No, because if you use maternity allowance, you will have to apply under your Self-Employment income, which you don't qualify to use.

You can only use maternity allowance if it's from the same job you are using to meet the requirements.

Quote
Page 38/39/40 Maintenance - Dont apply to us do they?

No, they don't.

Quote
Page 42 -Is it worth stating in there that I am self employed even though we cannot use it and stating my salary and giving in a tax return? Also is it worth stating our rental has no mortgage and giving evidence for that? I know its got nothing to do with the application but maybe it helps?

It won't help as they cannot be considered.

So no, you don't need to mention your self-employment and you don't need to mention the lack of mortgage.

Quote
Page 55 - This only needs to be filled in if ONE trip exceeds 6 months ...is that correct?

Yes.
Quote
Page 62 - Travel docs checkbox. Do we need to send any travel documentation for trips outside the UK?

No, 'travel documents' just means your passports.

Quote
- My husband had to get an FBI check and DBS check for my job as a childminder. Will he need to send these in. It says if hes been asked to register with the police. Is this the same thing?

No, it's not, and no you don't send them.

He would definitely know if he had to register with the police, because he would have a police registration certificate. Only people from certain countries have to register with the police. US citizens do not need to do this.

Quote
Page 65 - During our time together I spent a month in our rental when I was painting and decorating it before it went to rent. I also put single occupancy on the tax for this month to get a discount so I had technically moved out of our primary address although I was there a lot. Will this flag on my application as it went through the council tax. I was paying full tax on it before and after that month but not living there.

No, it won't flag, because how would they even know about it?

As long as you can show your 6 documents of mail, one for every 4 months, addressed to both of you at the same address, that's all that matters.
Quote
Page 67 - Does this apply to children born here and not on the application?  -"Evidence of where your child/children normally lives and that you and/or any partner play an active role in their upbringing."

No, it doesn't. If you read that section, that part only applies to applications for a child dependant visa.

All you need to do is send their birth certificates.

Quote
Page 71 - Do I sign this since the rental is in my name?

I don't think so, because you sign page 70 - I think it's more for a third person (not you or your husband) to sign if applicable. Though I guess it can't do any harm to sign both 70 and 71.
« Last Edit: January 23, 2017, 10:50:49 PM by ksand24 »


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #55 on: January 23, 2017, 10:53:19 PM »
cat a
- husbands bank statements printed off from the 6 month period with the banks stamp on each page.
- payslips for the period (they are all emailed so is that ok?)
- letter from employer confirming employment, annual salary, length of employment, period for application purpose (dec-may), employment type

You should also include his original job contract and latest 2016/2017 P60 (if he has received it by the time you apply).

They aren't mandatory, but they can ask for them, so it's a good idea to include them anyway.

Quote
cat c
- land registry title
- rental contract
- Invoices from the management company to show income before their fees and maintenance comes off
- banks statements for the 12 month period on applying with banks stamp on each page.

I think so - not sure on the exact requirements for Cat C, but having a quick look, it seems like you have everything.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #56 on: January 23, 2017, 11:01:14 PM »
Thank you so much for your answers. That's fab.

I had to exhaust that employment question because if we cant apply under Cat A we are stuffed and can't apply at all for the 5 year route as we don't meet cat B.

Thanks so much. Just hope rental stays rented and hubby keeps his job by May 😂


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #57 on: January 23, 2017, 11:12:02 PM »
I had to exhaust that employment question because if we cant apply under Cat A we are stuffed and can't apply at all for the 5 year route as we don't meet cat B.

Seriously, all the question is asking is: has he been employed at the same job and at his current salary for at least 6 months?

It's not about random days he may or may not have been paid for it's about the annual salary stated on his contract and in the employer letter, which will also be evidenced by his payslips.

If you're relying on £13,000 salary for Category A, then each payslip from the 6 months MUST show at least £1083.33 before tax (£13,000 divided by 12 months).

For salaried employment they will take the lowest payslip amount from the 6 months and multiply it by 12 to get his annual salary. So, if you're using £6,600 rental income, then if any of the payslips are less than £1083.33 before tax, he won't meet the requirement under Cat A.


  • *
  • Posts: 180

  • Liked: 11
  • Joined: Jun 2014
Re: Extending the Spouse Visa - Starting questions
« Reply #58 on: January 23, 2017, 11:33:46 PM »
His payslips are weekly and not monthly so the lowest payslip over the Christmas period will be below 250.   :-\\\\


  • *
  • *
  • *
  • Posts: 26872

  • Liked: 3595
  • Joined: Jan 2007
Re: Extending the Spouse Visa - Starting questions
« Reply #59 on: January 23, 2017, 11:57:55 PM »
His payslips are weekly and not monthly so the lowest payslip over the Christmas period will be below 250.   :-\\\\

You mentioned that he wasn't paid over Christmas due to the company closing. I would have the company explain that in their letter, since it wasn't his fault he didn't earn that money, and he would have earned it had they not been closed - that might be taken into consideration.

Assuming he is a salaried employee (fixed annual salary), the way they will calculate his annual income is as follows:

Quote
Where the person is in salaried employment – they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period.

Normally this is taken to be the lowest monthly payslip of the 6 months... but I'm not sure how they calculate it with weekly payslips.

What were his total earnings for December? Do you have a figure for the whole month?

Also, how much overtime has he worked/will he have worked by the time you apply?

Overtime can also be considered during the previous 6 months (but cannot be counted for future income unless it's guaranteed in the contract/employer letter).

For the overtime, what they will do is work out the annualised 6-month average and add it to the total annual income calculated from the lowest payslip.


Sponsored Links





 

coloured_drab