Spouse Visa Questions(s)- Sponsor Lived Abroad for Five Years Just Returned

Hi. I have a few questions about the spouse visa that I am hoping to apply for in January and I hope someone can help...

My husband is from the UK and has been living in Australia up until 3 Oct 2018. I  was living with him in Australia from Nov 2017 until 3 Oct 2018. His grandfather fell ill so we just packed up an moved to the UK so he can be near him. We (for some dumb reason) thought the visa process would be similar to the process in Australia and I would be able to apply within the country. Now that I am here in the UK and looking into in, I am realizing I will have to go back to Texas to apply. 

We are now in the UK and found a flat and he has found a job and started working under a Hudson Contract under the Construction Industry Scheme. After reading tons of blogs and the guidelines for financial requirement, It's my understanding that for this requirement he can be listed as a salaried employee. Is this correct?  (As long as he supplies pay slips, contract, letter from contractor and bank statements)

And if so, my next question is do we have to wait 6 months for us to apply or can we use the few months of payroll along with a years worth of pay from Australia?  I was hoping to spend the holidays here(UK) and return to Texas in January to apply, which means he will only have 3 months of payslips from his employment in the UK.

Also, Is me being in the UK as a visitor while I work on this and only returning home to submit the application going to be frowned upon? I don't see that it would, but I just want to be sure.

I hope this makes sense to someone and I hope someone can help.

Thanks! 

What were his past employment dates in Australia?

And what date did he start his job in the UK?

Yes, it's okay for you to be here -  so long as you don't go past the date on your visitor visa stamp (just be sure not to use the NHS without paying or work, even remotely, while here). 

Welcome to the forum .

We are now in the UK and found a flat and he has found a job and started working under a Hudson Contract under the Construction Industry Scheme. After reading tons of blogs and the guidelines for financial requirement, It's my understanding that for this requirement he can be listed as a salaried employee. Is this correct?  (As long as he supplies pay slips, contract, letter from contractor and bank statements)

Yes, there are several categories you can meet the financial requirement under.

Category A is salaried/non-salaried employment income where he has been with his UK employer for at least 6 months
Category A is salaried/non-salaried employment income where he has been with his UK employer for less than 6 months
Category C is for non-employment income
Category D is for cash savings
Category E is for pension income
Categories F and G are for self-employment income.

As your husband has only recently returned to the UK and has only just started his new job, you will be applying under Category B, where he has been with his current employer for LESS THAN 6 months at the time of application.

For this category, he will have to meet 2 requirements:
1. He is in current UK employment, earning a salary of at least £18,600
AND
2. He has earned a total of £18,600 before tax in the last 12 months before applying for the visa (so this will be anything he has earned in the UK, plus all income he earned in Australia in the last 12 months).

So, you will need to provide the following evidence:
- letter from his current UK employer confirming all of the following:
i) job title and current salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
- UK job contract
AND
- last full 12 months of payslips (both from Australia and the UK)
- last full 12 months of bank statements showing the deposit of every payslip

And if so, my next question is do we have to wait 6 months for us to apply or can we use the few months of payroll along with a years worth of pay from Australia?  I was hoping to spend the holidays here(UK) and return to Texas in January to apply, which means he will only have 3 months of payslips from his employment in the UK.

As above, you can apply under Category B, using his 3 months of UK income plus the previous 9 months of Australian income before that.

Also, Is me being in the UK as a visitor while I work on this and only returning home to submit the application going to be frowned upon? I don't see that it would, but I just want to be sure.

No, won't be an issue at all... as long as you don't overstay your visitor visa, or use the NHS, or try to work in the UK as a visitor, and as long as you don't try to apply for the spousal visa from inside the UK.

He was employed up from 2014 up until September 28. We flew out of Australia on October 2nd and arrived on October 3rd.

He began employment on 22 October.

He was employed up from 2014 up until September 28. We flew out of Australia on October 2nd and arrived on October 3rd.

He began employment on 22 October.

Okay, not too long of a gap then.  From the date of your application, if you go back 12 months, will he have met or exceed the £18,600 earnings requirement?

Yes. The financial requirement will be met.

So I have another question about use of the NHS. When we first arrived I had to go to the Bridge Clinic in Maidenhead for my Australian medical examination. We were still working on that visa before we committed to living in the UK. I paid for the doctor visit. Is this an issue? I am not sure exactly what NHS is so I just want to be sure I have not violated the rules. I am assuming it is similar to medicare from what Google is saying? So if I have to go to the doctor for some reason be sure I pay?

Yes. The financial requirement will be met.

So I have another question about use of the NHS. When we first arrived I had to go to the Bridge Clinic in Maidenhead for my Australian medical examination. We were still working on that visa before we committed to living in the UK. I paid for the doctor visit. Is this an issue? I am not sure exactly what NHS is so I just want to be sure I have not violated the rules. I am assuming it is similar to medicare from what Google is saying? So if I have to go to the doctor for some reason be sure I pay?

The NHS is the socialised medical care that everyone living in the UK is able to access.  As immigrants, we have to pay a surcharge to be able to use it, which will be part of your visa process (just an FYI, this will increase in December from £600 for this visa to £1,200 so applying later will cost an extra £600). 

Sounds like you had a private appointment and not an NHS appointment, as NHS is "free at the point of service" as it's funded through taxes. 

And yes, if you need to go to the doctor, be sure to pay and get a receipt to include in your application.  NHS debt of £500 is an automatic refusal.

And I work in Maidenhead... are you nearby?   

NHS is the socialized healthcare system in the UK, and is the main way residents in the UK access healthcare.  Essentially, if you are in the UK without a visa that allows "free" access to the NHS (such as a visitor visa), you must pay for all* treatment received - doctor visits, prescriptions, hospital treatment, etc.  NHS debt of £500 or more results in an automatic visa refusal, so if you've had NHS treatment and paid for it, keep hold of your receipts.

* there are some exceptions like emergency care in A&E and birth control.  The NHS website should have a comprehensive list of what you can and can't access as a visitor free of charge

Yes. The financial requirement will be met.

So I have another question about use of the NHS. When we first arrived I had to go to the Bridge Clinic in Maidenhead for my Australian medical examination. We were still working on that visa before we committed to living in the UK. I paid for the doctor visit. Is this an issue?

Australia require visa applicants to pass a medical before they will issue a visa and you paid for that, not  NHS England.

"The Bridge Clinic has a number of visiting doctors who are approved by the Australian and New Zealand High Commissions to complete immigration medicals on their behalf.
...
The Bridge Clinic is a private outpatient medical facility serving the needs of patients in the Thames Valley area".
http://www.bridge-clinic.com/

So if I have to go to the doctor for some reason be sure I pay?

Have you got medical insurance while you are visiting the UK? You need to pay to use the NHS and 50% is added to the bill if you don't have insurance to pay. Limited NHS services are given for free but expensive stuff is billed. e.g. If you have an accident or emergency and are admitted to hospital for an operation and/or stay on a ward,  your bill will be thousands

This is the present list of free services given by  NHS England
https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide

I do have travel insurance but to be honest I am not sure what it covers. Hopefully I won't need to know while I am here. I am just glad I have not violated the rules thus far.

Looking ahead I do have a few questions that I hope you guys could help me with. I need to sort out my travel and I am reading that I have to have my bio-metrics done at a certain place (that's 2 hours from my hometown). I noticed in other people's blogs that most people are mailing off the bio-metrics separately from the visa packet. Should they not be mailed out together? Or is this done at two separate times?

1.you apply online/pay
2. go to your appointment
3. mail off

Also, if I want to do priority service and have them check my packet for me at what point should I do that? Is there a time frame between the time I submit online to the time I make my bio-metrics appointment?

I am hoping I can
1. apply/pay
2. also pay for priority processing and make appointment at application center to have them review packet
3. make bio-metrics appointment
4. mail off everything together.

is this not possible?  Or does a bio-metrics appointment need to be made immediately after paying?

And I work in Maidenhead... are you nearby?   

No. I am in Southampton. I did enjoy Maidenhead when I went. It seemed much more relaxed. I feel like everyone in Southampton is in a rush. Everyone is zooming everywhere.

I do have travel insurance but to be honest I am not sure what it covers. Hopefully I won't need to know while I am here.

Why not check your policy? Travel insurance is cheap to buy if you are healthy.

Also, if I want to do priority service and have them check my packet for me at what point should I do that? Is there a time frame between the time I submit online to the time I make my bio-metrics appointment?

I am hoping I can
1. apply/pay
2. also pay for priority processing and make appointment at application center to have them review packet
3. make bio-metrics appointment
4. mail off everything together.

is this not possible?  Or does a bio-metrics appointment need to be made immediately after paying?

Okay, the way it works is:

If using the regular $793 priority processing service and mailing the documents to New York:
1. Research the visa and collect all your documents
2. Print and complete VAF4a Appendix 2 (the second half of the application form)
3. When you are completely ready to mail your documents, complete the online application (make sure you are in the US for this)
4. Submit your online application. You will be prompted to pay for the visa, the IHS surcharge and book your biometrics apponitment (which can be booked at any of the 129 USCIS Application Support Centers in the US)
5. Print application and biometrics confirmation sheet
6. Go to VFS Global website and purchase priority processing for $793 and your shipping labels
7. Attend biometrics appointment
8. Mail your documents to New York for processing within 5 days of biometrics
9. Wait for visa to be processed and mailed back to you

If using the $1900 premium service and submitting your documents in person:
1. Research the visa and collect all your documents
2. Print and complete VAF4a Appendix 2 (the second half of the application form)
3. When you are completely ready to submit your documents, complete the online application (make sure you are in the US for this)
4. Submit your online application. You will be prompted to pay for the visa, the IHS surcharge and book your premium appointment at one of 10 premium centres in major US cities
5. Print application and appointment sheet
6. Go to VFS Global website and purchase the premium service $1900
7. Attend premium appointment, where you will submit your documents and do biometrics... you should have the option to keep your passport
9. Wait for visa to be processed and to either be mailed back to you, or if you kept your passport, send/return your passport to the premium centre so the visa can be issued.

Personally, I do not recommend using the $1900 premium service. It appears to be a waste of money and only seems to be about a week or so faster for processing than the normal priority service. So, basically you are paying an extra $1100 just to keep your passport while the visa is processing.

If you need a document check, we can check your document list for free here on the forum .

Ok. So I don't have to go to an appointment at a Premium Application Centre for priority processing? The only necessary appointment is the bio-metrics appointment?

Great! I will be sure to have a list ready for you guys to read in January.