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Topic: Switching from UK student visa to spouse visa  (Read 348 times)

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Switching from UK student visa to spouse visa
« on: March 20, 2019, 10:22:14 PM »
Hi All!

Last year at my office we had an intern and my husband and I became really good friends with him and his girlfriend. The intern is from South Africa and here on a student visa, and his girlfriend is British. They recently got engaged and are having a hard time understanding how they'll meet the financial requirement.

So all of last year until August (2018), he worked at the company I work for. Then in August he went back to uni for his last year. Back at uni, he gets jobs here and there through an agency. His girlfriend has had a full time job where she earned about £17k and she switched jobs end of last year to another where she earns about the same (she moved with him to where his uni is located).

They're now engaged, planning a wedding for June. He graduates around August and his visa expires in October 2019. He's been asking me about the spouse visa and all the evidence required, especially the financial requirement. However I was really lucky and my husband met the financial requirement by himself so it was more of a "gathering paper" exercise, so Im not familiar with the other categories. I've been reading the Appendix Fm 1.7 financial requirements document and feel that perhaps they could apply through category F so that they can both show their earnings for the last year.

Can they combine their salaries for the last year to meet the financial requirement?

Can they show their earnings for the last year even if they switched jobs? (I figured as long as they have the paper trail e.g.payslips, etc)

Any help is greatly appreciated. Thank you.

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Re: Switching from UK student visa to spouse visa
« Reply #1 on: March 21, 2019, 08:29:30 AM »
I'll let ksand and others answer your questions.

However, as he is a Commonwealth citizen, has he got a grandparent that was born in the UK?   If he has, he can have an Ancestry visa., which is a 5 year work visa for £516 plus the IHS. Like the spouse visa, he could work for anybody and it's 5 years to ILR, but on that visa he is not reliant on a partner to remain his sponsor. Unlike other work visas, there is no time limit for the number of Ancestry visas a person can have and there is no minimum earnings to meet for ILR.
https://www.gov.uk/ancestry-visa
« Last Edit: March 21, 2019, 08:45:19 AM by Sirius »


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Re: Switching from UK student visa to spouse visa
« Reply #2 on: March 21, 2019, 11:27:55 AM »
I'll let ksand and others answer your questions.

However, as he is a Commonwealth citizen, has he got a grandparent that was born in the UK?   If he has, he can have an Ancestry visa., which is a 5 year work visa for £516 plus the IHS. Like the spouse visa, he could work for anybody and it's 5 years to ILR, but on that visa he is not reliant on a partner to remain his sponsor. Unlike other work visas, there is no time limit for the number of Ancestry visas a person can have and there is no minimum earnings to meet for ILR.
https://www.gov.uk/ancestry-visa
Hi Sirius. Thanks for the info. He doesn't have British heritage so can't go that route unfortunately.

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Re: Switching from UK student visa to spouse visa
« Reply #3 on: March 21, 2019, 12:04:34 PM »
I've been reading the Appendix Fm 1.7 financial requirements document and feel that perhaps they could apply through category F so that they can both show their earnings for the last year.

Can they combine their salaries for the last year to meet the financial requirement?

Category F is for self-employment income... and neither of them are self-employed, so they can’t apply under that Category (it’s also a really tricky category to apply under).

I think what you mean is Category B.

As he is in the U.K. on a visa that allows work, they can combine their income to meet the requirements (but he will need to make sure he has not been in breach of the work limits on his visa, which are likely to be 20 hours maximum per week during term time and full-time during vacations).

They will have to show that:
1. Between them, they have earned at least £18,600 before tax in the last 12 months before applying
AND
2. They both have current jobs that will pay a combined annual income of at least £18,600 for the foreseeable future.

They will need to provide:
- 12 months of payslips each
- 12 months of bank statements each
- a letter from each of their employers confirming ALL of the following:
i) current employment and annual salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment (permanent or temporary, full or part time)

They can also include:
- employment contract
- latest P60 (which will be issued in April/May 2019)

Quote
Can they show their earnings for the last year even if they switched jobs? (I figured as long as they have the paper trail e.g.payslips, etc)

Yes, as long as they are both CURRENTLY employed on the date of application and throughout the application processing time.



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Re: Switching from UK student visa to spouse visa
« Reply #4 on: March 22, 2019, 10:53:53 AM »
Thanks Ksand24! I'll pass on the info.

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