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Topic: Do not meet the financial requirements  (Read 800 times)

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Do not meet the financial requirements
« on: October 20, 2019, 02:46:47 PM »
Hi Everyone

I am new to this forum and new to the visa world in general and so was hoping to ask your advice as an American friend of mine told me about this forum.

I got married to an American in July and am hoping to apply for the spousal visa so that we do not need to be apart as his student visa expires very soon. It turns out, after doing a little research I do not meet the financial requirements to be able to apply. I presume I will now have to appeal for extraordinary circumstances. I have a full time salaried job that I started a month ago which earns 18,500 a year.

Can anyone advise me on this?


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Re: Do not meet the financial requirements
« Reply #1 on: October 21, 2019, 10:11:50 AM »
Does your husband do any permitted work while on his student visa?  Does he earn at least £100/month to make up for your shortfall?  Since he is already here on a valid visa, if work is permitted on his visa, his income can be counted to meet the threshold.

Oh.  But you only just started working a month ago?  How much were you earning before that?
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Do not meet the financial requirements
« Reply #2 on: November 09, 2019, 11:14:15 AM »
Hi jfkimberly. Thank you for your reply and sorry I have taken so long to reply.

So my current job is a permanent one, started in September 2019 and i earn 18,500 gross a year. My previous one started in February 2019,  was a permanent one and earned a gross salary of 17,901 per annum. My husbands job he started in June, is a permanent 20 hour one and he earns a gross salary of 6,000 per annum. Would this suffice for the financial requirement?

Also on another note how does all of the paperwork need to be classified? My utility providers are paperless, will me printing out the bills be an issue?

Thank you so much for all of your help!

Anne :)


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Re: Do not meet the financial requirements
« Reply #3 on: November 09, 2019, 11:51:27 AM »
So my current job is a permanent one, started in September 2019 and i earn 18,500 gross a year. My previous one started in February 2019,  was a permanent one and earned a gross salary of 17,901 per annum. My husbands job he started in June, is a permanent 20 hour one and he earns a gross salary of 6,000 per annum. Would this suffice for the financial requirement?

Yes, you would just add your 2 salaries together: £18,500 + £6,000 = £24,500, which more than meets the requirements, for the CURRENT income.

However, as neither of you have been with your current employer for 6 months yet, you cannot meet the requirement using Category A, so you will need to apply under Category B instead and include 12 months of payslips and bank statements showing a total of at least £18,600 earned between you in those 12 months.

For Category B, you must meet 2 requirements:
1) You are both currently employed, earning a combined income of at least £18,600 per year
AND
2) Between you, you must have earned AT LEAST £18,600 in total before tax in the last 12 months.

That means that when you add up all your payslips from the last 12 months, they must come to at least £18,600 before tax. If they don't, you will not qualify for the visa, regardless of your current combined salaries.

Were you working before February 2019? Or has your only income in the last 12 months been earned since February 2019?

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Also on another note how does all of the paperwork need to be classified? My utility providers are paperless, will me printing out the bills be an issue?

Printed online statements are usually not acceptable -  they must be official bills mailed to your house- so you will need to turn OFF paperless billing for everything you can ASAP,  and also get both your names on as many bills and documents as you can, for evidence of living together.

Having said that, what are you planning to use the utility bills for? They are not needed for accommodation evidence, so you would only need them to prove you and your husband have been living together since July, if it is the case that you have been living together.


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Re: Do not meet the financial requirements
« Reply #4 on: November 09, 2019, 05:20:37 PM »
Hello.

Our only income from the last 12 months has been earned since February.

The utility bills are for proof of living together. We have only been living together since the wedding. So the bills would be used to prove name change and that we have been living together since 31st of July (when we got married).


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Re: Do not meet the financial requirements
« Reply #5 on: November 09, 2019, 05:45:09 PM »
Hello.

Our only income from the last 12 months has been earned since February.

In that case, you will need to make sure that the pre-tax amount of all of your and his payslips since February, all added together, is at least £18,600. If it is not, you will not be able to apply for the visa.

What date does his visa expire? I'm wondering how late you can leave the application, in order to get together as many payslips as possible.

- If you have been earning £18,500 (£1541.67/month) since September, then I assume you will have maybe 2 months of pay from your new job?
- And then if you were with the previous job from February until September, earning £17,901 (£1491.75/month), then I'm guessing that's 7 months of payslips?
- And for your husband, if he has been working since June, earning £6,000 (£500/month) that probably means he has 5 months of payslips up to October?

So, by my estimation, based on the number of months of earnings I mentioned above, your total earnings between you should be somewhere around:
7 months x £1491.75 = £10,441.69
2 months x £1541.67 = £2983.50
5 months x £500 = £2,500

Total earnings February to October = £15,925.19... which means you would be £2,674.81 short of meeting the financial requirement.

If you were able to include November's payslips as well, that would be an extra £2,041.67, but you would still be £633.14 short of meeting the financial requirement.

So, unless you have at least £17.582.85 in cash savings (or more if my figures aren't quite right), which have been held in your account(s) in full for at least 6 months, you'd have to wait until you had you December payslips in order to be able to apply for the visa.

So the question is, can you wait that long, or does his visa expire before then? If his visa does expire before you have enough to meet Category B, then he will need to leave his job and leave the UK, and return to his home country until you can meet the requirement... though you then wouldn't be able to use his income anymore, so you would still be £100 short of the requirement suing your income alone.

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The utility bills are for proof of living together. We have only been living together since the wedding. So the bills would be used to prove name change and that we have been living together since 31st of July (when we got married).

You don't need bills to prove name change - your marriage certificate does that.

In regards of proof of living together, you need physical mail sent to your house in both names (either jointly addressed documents, or individually addressed). Ideally you need 6 documents in each name, evenly spread over the time you have lived together, from at least 3 different official sources.

As mentioned above, they need to be original documents you actually received in the post, not printed from online.

Acceptable documents are:
• Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing.
• Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
• Bank statements/letters
• Building society savings books/letters
• Council tax bills or statements
• Electricity and/or gas bills or statements
• Water rates bills or statements
• Mortgage statements/agreement
• Tenancy agreement(s)
• Telephone bills or statements

However, as this is your first FLR(M), and you have only been living together since July, it is not vital to have the 6 evenly-spaced documents, as you may not have had time to gather that many yet. So, you can just send whatever posted documents you have that shows you have been living at the same address as each other.


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Re: Do not meet the financial requirements
« Reply #6 on: November 10, 2019, 10:07:36 AM »
Okay. All of this is a big help. Thank you so so much! :)

One final question. If I applied for the normal visa in January (no speedy or fast decision one) would my husband be able to stay in the UK while a decision is being reached, or would he have to leave in February?



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Re: Do not meet the financial requirements
« Reply #7 on: November 10, 2019, 10:15:00 AM »

One final question. If I applied for the normal visa in January (no speedy or fast decision one) would my husband be able to stay in the UK while a decision is being reached, or would he have to leave in February?


Are you indicating that his current visa expires in February? If so, and you submit a valid application before his current leave to remain expires, you are protected under section 3 c and his current permission would be extended.


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Re: Do not meet the financial requirements
« Reply #8 on: November 10, 2019, 04:59:36 PM »
Yes. His Tier 4 student visa currently expires on February 1st 2020.


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Re: Do not meet the financial requirements
« Reply #9 on: November 10, 2019, 05:25:56 PM »
Yes. His Tier 4 student visa currently expires on February 1st 2020.

Okay, in that case, you have plenty of time :).

The only requirement for when he applies for the FLR(M) visa is that he must have submitted his online application before the end of February 1st.

So, you have a couple more months before you need to apply for the visa.

Based on what you’ve said about your income, I assume you will need your November and December payslips in order to show you have made at least £18,600 in the previous 12 months, so I would probably plan to apply sometime in January.

That also gives you some time to turn off paperless billing on your utility bills and/or bank statements and start collecting them as they arrive in the mail, so that you have more official evidence dated in Nov, Dec and Jan for the relationship requirement :)


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