Questions about future spouse visa

Hello All,

I recently received my work visa which is valid for 3 years.

After my work visa expires if we decides to stay in the UK I wanted to know what would be requirements for me to apply for a spouse visa.

By that time I would be living with my husbands.

What would be the requirements for finances?  Would my salary be considered for the visa?  Since we would be living together would we just need to show correspondence? 

I just want to make sure I keep all paperwork I needed for the future.

Thank you for your help. 

Hello All,

I recently received my work visa which is valid for 3 years.

After my work visa expires if we decides to stay in the UK I wanted to know what would be requirements for me to apply for a spouse visa.

By that time I would be living with my husbands.

What would be the requirements for finances?  Would my salary be considered for the visa?  Since we would be living together would we just need to show correspondence? 

I just want to make sure I keep all paperwork I needed for the future.

Thank you for your help.

You would have to apply before your work visa expired. But as soon as you know you want to stay, you should apply because when you do, it will reset your 5 year clock towards ILR. The requirement, is £18,600.

You would just need correspondence, marriage certificate and divorce certificates if applicable.

You would have to apply before your work visa expired. But as soon as you know you want to stay, you should apply because when you do, it will reset your 5 year clock towards ILR. The requirement, is £18,600.

You would just need correspondence, marriage certificate and divorce certificates if applicable.

Thank you Larrabee.

Would I be able to stay in the UK?  Or do I need to leave and go home to the USA?

Even tho by that thing I would have been living with my husband for almost 3 years physically I would still need to show text messages?

Lastly would my income be eligible to be consider.  I am only asking because we may consider for my husband to be a stay at home done since I make considerably more than him.

Thank you
Anne

You might be better switching to a spousal visa sooner rather than later, because as mentioned above, if you switch to a spousal visa, you start from scratch with the 5-year count to ILR.

What type of Tier 2 visa do you currently have? If it’s an Intra-Company Transfer (ICT) visa (you have transferred to a U.K. branch of your US company), then your current visa will never lead to ILR or citizenship, and no time spent on it can count towards ILR.

What you could do is:
- work for 6 months at your company on the Tier 2 work visa
- as long as you have been earning at least £18,600 for all of those 6 months , you can use your income to switch to a spousal visa whenever you like, without having to wait the full 3 years.
- you can do this from inside the U.K... no need to go back to the US

Then you would start your 5-year clock to ILR in, say, late 2019 instead of early 2022... meaning you could qualify for ILR and citizenship in 2024 instead of 2027, and you would not be restricted by working in the exact job you have the work visa for... with the spousal visa you could get another job in the UK without needing sponsorship for a work visa.


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You might be better switching to a spousal visa sooner rather than later, because as mentioned above, if you switch to a spousal visa, you start from scratch with the 5-year count to ILR.

What type of Tier 2 visa do you currently have? If it’s an Intra-Company Transfer (ICT) visa (you have transferred to a U.K. branch of your US company), then your current visa will never lead to ILR or citizenship, and no time spent on it can count towards ILR.

What you could do is:
- work for 6 months at your company on the Tier 2 work visa
- as long as you have been earning at least £18,600 for all of those 6 months , you can use your income to switch to a spousal visa whenever you like, without having to wait the full 3 years.
- you can do this from inside the U.K... no need to go back to the US

Then you would start your 5-year clock to ILR in, say, late 2019 instead of early 2022... meaning you could qualify for ILR and citizenship in 2024 instead of 2027, and you would not be restricted by working in the exact job you have the work visa for... with the spousal visa you could get another job in the UK without needing sponsorship for a work visa.


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Thank you Ksand.  I will keep your advice in mind. 

Those in the UK on a Tier 2 ICT visas who are high earners, are allowed to move to a Tier 2 General visa (which can lead to settlement). The 5 year ILR clock starts again, but the employer would be paying your visa fees and your Immigration Health Surcharge. You would need to find another employer to sponsor you on a wage of at least £159,600. You can change to another employer on a Tier 2 General visa and the 5 year ILR clock keeps running.

I am only asking because we may consider for my husband to be a stay at home done since I make considerably more than him.

Thank you
Anne

What about his pension? There is a limit to how much a person who does not work, can pay into a private pension.

When he has a child in in his household, he can claim Child Benefit in his name (as he is allowed to claim Public Funds) and that will give him a credit towards a UK state penison, but only until the child is age 12(?). If he is not working, it's worth putting in a  claim for that benefit even if you earn too much, just for that Credit

https://www.gov.uk/child-benefit

I've just been looking back on your posts; why didn't you try for a Tier 2 General visa? That would have lead to settlement and with your employer paying your visa fees and Immigration Health Surcharge. Or was it because your sponsor could not get a Tier 2 General licence, only the Tier 2 Intra-company Transfer licence?
 

I've just been looking back on your posts; why didn't you try for a Tier 2 General visa? That would have lead to settlement and with your employer paying your visa fees and Immigration Health Surcharge. Or was it because your sponsor could not get a Tier 2 General licence, only the Tier 2 Intra-company Transfer licence?

Hi There,

I am not really sure why they did the inter company transfer tier 2 visa. I think because my job is in sales management and it’s not really a “skilled” job as defined by UKVI.

I was wondering tho, when we apply for the spouse visa later this year, would we need to show all the plane tickets of my flights to see him?  Would the council tax and bank account both in our name be considered. Do we need copies of texts ?  Seem silly if we are already living together.

Thanks

Hi There,

I am not really sure why they did the inter company transfer tier 2 visa. I think because my job is in sales management and it’s not really a “skilled” job as defined by UKVI.

I was wondering tho, when we apply for the spouse visa later this year, would we need to show all the plane tickets of my flights to see him?  Would the council tax and bank account both in our name be considered. Do we need copies of texts ?  Seem silly if we are already living together.

Thanks

Once you are living together and are applying from the UK, you provide:
- 6 items of official correspondence addressed to both of you at the same address, either jointly or separately addressed (so 6 joint or 12 separate or a combination of both)
- they must be from at least 3 official sources
- and they should be spread evenly over the time you have lived together

Having said that, as you will have moved over on a Tier 2 visa, not a spousal visa, I would also include evidence of regular communication for the duration of your relationship before moving to the UK, to prove it is a long-lasting, long-term relationship.

So things like:
- your flight boarding passes/tickets
- letters/cards sent to each other
- emails/calls/text logs


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