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Topic: Spousal Visa - from Work Visa  (Read 1790 times)

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Spousal Visa - from Work Visa
« on: March 13, 2021, 02:43:05 AM »
Hello Everyone!

Hope everyone is well. 

Just an update on me.  Two years ago I received my ICT - Work Visa. 

I still have one year on this visa but are thinking of applying now for spouse visa before that expires.  I am currently on maternity leave/ furlough but going back to work on 1st of May.  My husband works but on flexi furlough ( he works one week, then on furlough the next week) as their company is trying to save money.  He makes £18,500k annually.   I on the other hand have a based salary of £55k, and made £63k ( from April 2019 to April 2020) currently this tax year I’ve made less as I’ve been on maternity leave  since Sept 2020 ( my most recent pay slip says I’ve made £43k this tax year).  I will be going back to work on 1st of May, part time 3 days a week, for a couple of months, then will be back to full time in July. 

My question is can we apply for a spouse visa now and satisfy the financial requirements?  As we are both in some sort of furlough scheme.

I understand I can also use my income to satisfy it in case my husbands income isn’t enough. 

We have two children but both are British citizens so won’t need to be included in the visa application.

Thanks for the input.

X
Met UK Hubby : August 2011
Married : July 2017


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Re: Spousal Visa - from Work Visa
« Reply #1 on: March 13, 2021, 07:58:35 AM »
Welcome back :).

My question is can we apply for a spouse visa now and satisfy the financial requirements?  As we are both in some sort of furlough scheme.

Yes, you can.

All you need to show is that one of you is earning £18,600 or more per year... and as your income easily meets the requirement, you don't even need to mention your husband's income at all.

Due to Covid, they are allowing some leeway in regards to meeting the financial requirement:
- If you are currently furloughed, UKVI will actually consider your full, 100% salary and not your furloughed salary, when they calculate your income.
See: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life

Also, if you are on maternity leave, you can either use your last 6 months of income, as long as each payslip was at least £1,550 before tax. Or, if your income has dropped below £18,600 per year because of the maternity leave, they can instead consider your income from the 6 months immediately BEFORE you went on maternity leave.

So, it's up to you how you do it:

- If your maternity leave income is enough to meet the requirement, then you can just provide your last 6 months of payslips and bank statements, plus a letter from your employer, your employment contract and your latest P60 (from April 2020).

- If your maternity leave income is not enough to meet the requirement, instead you could provide the 6 months of payslips and bank statements from BEFORE you started your maternity leave, along with the letter from your employer, your employment contract and your latest P60 (from April 2020).

Have a read through pages 31-36 of Appendix FM 1.7 to see how maternity leave is considered for the income requirements:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/957305/appendix-fm-1-7-financial-requirement-v6.0-ext.pdf


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Re: Spousal Visa - from Work Visa
« Reply #2 on: March 13, 2021, 08:41:35 AM »
Thank you very much Ksand

I will get all my ducks in a row as far as paperwork.  I will come back here and make sure I’ve got everything before I file just to check with you guys.

Again appreciate all of you. 
Met UK Hubby : August 2011
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Re: Spousal Visa - from Work Visa
« Reply #3 on: March 13, 2021, 11:26:52 AM »
More questions guys.



As far as proof that we are living together.  We’ve been living in the UK for 2 years now.  Before that I lived in the US while my husband was here. 

What proof do we need to send with our application?

Letter from our landlord that we’ve been living here since March 2019? 

Correspondence, bills,letters ?  How many of each for each month do we need ?

Could I please have a list of what we will need to include in our application please .


Thanks again. 

Met UK Hubby : August 2011
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Re: Spousal Visa - from Work Visa
« Reply #4 on: March 13, 2021, 11:45:59 AM »
For the financial requirement, you need to include:
- 6 FULL months of payslips showing at least £1,550 before tax on each one.
- 6 FULL months of bank statements showing the deposit of every payslip
- letter from your employer stating ALL of the following
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment
And also:
v) your maternity leave and furlough details
vi) verification of your payslips if they are issued electronically
Optional but recommended:
- your job contract
- your latest P60

The latest payslip, bank statement and the employer letter must be dated no more than 28 days before the date you submit your online application. You will likely need to include 7 months worth of payslips and bank statements to make sure every day of the 6 months is covered (i.e. if your latest payslip is February 2021, you will need to include July 2020 to Feb 2021 payslips)

For the accommodation requirement, if you are renting, you will need to provide:
- your current tenancy agreement in both names
- if only one of your names is on the tenancy, then you also need a new letter from the landlord confirming that the other still has permission to live in the property
- latest council tax bill

For the cohabitation requirement, you need to include:
-  6 items of official mail in each of your names spaced evenly over the the time you have lived together, up to a maximum of 2 years
- so if you have lived together for 2 years, then that will be 1 item in each name spaced every 4 months, going back to March 2019
- they can be either jointly-addressed, individually-addressed or a combination of both to make 6 in each name... for example, 6 joint documents, 12 individual documents, or say, 2 joint and 8 individual (4 each).
-  they must be from at least 3 different official sources
- they need to have been received in the mail in the months they were issued, so you can't order backdated documents, or use electronically issued bills/statements

So, if you are planning to apply in the next few weeks (i.e. in March or April), then you will want 1 document in each name from each of the following months
March 2019
July 2019
November 2019
March 2020
July 2020
November 2020
March 2021 (this makes 7 documents, but we suggest including it so that you cover the full 2 years)

If you are unable to provide 6 documents in each name, or you don't have at least 3 sources, or they are not evenly spaced, then you just need to write an explanation for why not.

Examples of suitable 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

Other documents you will need:
- your current passport
- your BRP card for your Tier 2 visa
- your husband's current UK passport
- your marriage certificate
- any divorce decrees you may have, if either of you have been married before
- each of your childrens' birth certificates
- each of your childrens' passports (if they have a passport)
- a letter for each child, dated in the last 3 months, confirming their address... i.e. from their GP or school

Even though your children are UK citizens, you will still be asked for their personal details on the application form, though they won't be included as applicants or as part of the financial requirement.


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Re: Spousal Visa - from Work Visa
« Reply #5 on: March 13, 2021, 01:15:33 PM »
Definitely knock this out now!  You are making the right choice!


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Re: Spousal Visa - from Work Visa
« Reply #6 on: March 13, 2021, 01:19:41 PM »
Thanks Ksand and kfdancer.

I think the only issue we may have is that my husband don’t have a lot of bills most of it is under my name.  We do have a joint bank account which we receive a statement every month.  I’ve been keeping most of the bills, letters, and statements in the last 12 months but not the last 2 years. 

We can order statements from his banks stating the address but you said it needs to be mailed to us. 

So can we order the last statements in the last 24 months, and mailed to use. Would that suffice ? 
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Re: Spousal Visa - from Work Visa
« Reply #7 on: March 13, 2021, 01:22:27 PM »
Also have to add for example my husband pays for the sky bill and tv licensing but it’s paperless billing.  Most places do paperless billing now a days but we can get a statement that it’s been billed to this address in the last 24 months. 
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Re: Spousal Visa - from Work Visa
« Reply #8 on: March 13, 2021, 01:31:34 PM »
Thanks Ksand and kfdancer.

I think the only issue we may have is that my husband don’t have a lot of bills most of it is under my name.  We do have a joint bank account which we receive a statement every month.  I’ve been keeping most of the bills, letters, and statements in the last 12 months but not the last 2 years. 

Basically you just want to go through all of the mail that you still have and see what you can use from it. If you can list here everything that you have (dates, mail type and whose name they are in), we can help you work out which mail you can use for the visa requirements.

If it's the case that you don't have enough mail from the first year, then you just need to write a letter of explanation stating the reason you don't have the previous mail anymore. It shouldn't affect the application as long as you can explain the reason you can't provide it.

Quote
We can order statements from his banks stating the address but you said it needs to be mailed to us. 

So can we order the last statements in the last 24 months, and mailed to use. Would that suffice ?

Unfortunately that won't work, because the mail can only count for the date you actually received it in the post. This is because you are using it to prove that both of your were physically inside the house in order to have received them in person on all of those dates in the last 2 years.

So even if you order the last 24 months' worth now, they will only count for mail received in March 2021, because they only prove that you were living in the house in March 2021 in order to receive them.

Also have to add for example my husband pays for the sky bill and tv licensing but it’s paperless billing.  Most places do paperless billing now a days but we can get a statement that it’s been billed to this address in the last 24 months. 

One of the most important things for you to do now, as you are switching to an FLR(M) spousal visa, is turn OFF paperless billing for EVERYTHING, get your husband's name on as many bills and statements as you can, and make sure you save ALL of your mail for the next 5 years.

This is because you will need to provide the same 2 years of mail evidence for your second FLR(M) visa in 2.5 years, and you will also need 2.5 years of mail evidence when applying for ILR in 5 years.

This is your relationship evidence for the visa, along with your marriage certificate, so you want to be as prepared as possible with your mail for the future visas.

It's not quite as important to have all the mail for this first visa, because you are switching from a Tier 2 visa into the spousal visa track, so there is no actual requirement for you to have been living together yet. For the next 2 visas over the next 5 years though, it is a requirement to have lived together for the entire time, so you will need the evidence then.
« Last Edit: March 13, 2021, 01:33:35 PM by ksand24 »


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Re: Spousal Visa - from Work Visa
« Reply #9 on: March 13, 2021, 01:34:55 PM »
Thank you Ksand.

Once I have all of my bills, letter, statements I will list them here.

It seems so much paperwork and so unnecessary but I know it’s the rules. 

Thanks again
Met UK Hubby : August 2011
Married : July 2017


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Re: Spousal Visa - from Work Visa
« Reply #10 on: May 07, 2021, 10:20:24 AM »
Hi KSand,

I just wanted to list to you the documents we have for the official mail.

My husband moved to this address on the 19th of March 2019, and my daughter and I arrived to the UK and lived in this address since 23rd of March 2019.  So our posts/bills didn't start arriving until first week of April 2019.

The official mail/bills I have are the following.  I will list separately for my husband and I. 

Me :

Council Tax Confirmation of Direct Debit date 30-04-19. 
Thames Valley Water Bill dated 14-05-2019
Capital One Credit card bill dated 8-8-2019
NHS Health Screening letter August 2019
Natwest Bank Statement dated 10 -11-2019
Capital One Credit Card Bill dated 8-01-2019
Council Tax Bill dated 11-03-2020
Thames Valley Water Bill dated 11-05-2020
Barclay Card Letter dated 13-07-2020
Barclay Card Credit Card Statement dated 13-11-2020
Thames Water Bill dated 29-10-2020
SSE Electric Bill dated 22-01-2021
Capital One Credit Card 8-01-2021
Natwest Credit Card Statement dated 10-04-2021

For my husband it's a little bit complicated as most of the utilities are under my name except for the cable (sky), and his car insurance.  They both are paperless billing so we don't have bills mailed to us.  He has changed it now to paper billing but it's too late.

Official letter From Thames Valley dated 24-07-2019
Official Letter From Thames Valley dated 15-10-2019
MetroBank Statement dated 27-08-2020
Electoral Registration Confirmation Letter dated 03.10.2020
Child Benefit Registration for daughter addressed to him dated 09-10-2020
Oxfordshire Penalty Notice 20-02-2021
Current Account Statement Dated 05-03-2021
NHS Letter of Appointment dated 10-03-2021

How do you suggest I explain the situation.  I know we can't ask Sky and Car insurance to send bills now from the last two years as it wouldn't be acceptable.

Also regarding my daughters.

I have a correspondence letter for my eldest daughter (7 year old) as we have a savings account for her, but for my 7 month old I don't have a letter dated in the last 3 months.  We received a letter for her  dated 14 Jan 2021

So What I have for the kids

7 year old - Bank Statement dated 23-03-21 to 23-04-21
7 month old - NHS letter 14-01-2021

Thank you for your input. 

Dlilah


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Re: Spousal Visa - from Work Visa
« Reply #11 on: May 07, 2021, 01:06:29 PM »
Your 5 year clock to ILR will start again on the FLR(M) visa. Have you looked at the Skilled Worker visa? https://www.gov.uk/skilled-worker-visa/switch-to-this-visa

I'm not sure if your time on the ICT visa will count towards your 5 years to ILR if you switch to the SKilled Worker visa, but the skilled workers on immigration boards will know.
https://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/


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Re: Spousal Visa - from Work Visa
« Reply #12 on: May 07, 2021, 01:27:25 PM »
Your 5 year clock to ILR will start again on the FLR(M) visa. Have you looked at the Skilled Worker visa? https://www.gov.uk/skilled-worker-visa/switch-to-this-visa

I'm not sure if your time on the ICT visa will count towards your 5 years to ILR if you switch to the SKilled Worker visa, but the skilled workers on immigration boards will know.
https://www.immigrationboards.com/uk-tier-2-employer-sponsored-visas/

Hello Sirius,

I don’t think my ICT visa will count towards that, but when I switch to spouse visa I think it would.

I have most of the documents I need to file for spouse visa I am just making sure it’s all complete.

Thank you!
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Re: Spousal Visa - from Work Visa
« Reply #13 on: May 07, 2021, 02:29:34 PM »
I don’t think my ICT visa will count towards that, but when I switch to spouse visa I think it would.

Unfortunately, your years spent on the Tier 2 (ICT) visa definitley won't be used towards your 5 years to ILR if you move to the FLR(M) visa. The FLR(M) visa resets  the 5 ILR year clock at zero again. The FLR (M) visa is not a work visa but merely allows the holder to work.

The Tier 2 (ICT) visa didn't count towards IRL because that visa didn't lead to ILR. That, getting ILR from the Tier 2 (ICT visa), was stopped for ICT applications from 6 April 2010. And then these had a cooling off period os 12 months, outside the UK, if they wanted to move to a Tier 2 (General) visa.

However, the UK brought in new immigration rules from 1 January 2021 and the Tier 2 (General) visa has been replaced with the Skilled Worker visa.  The Skilled Worker visa is not the same rules as the visa it replaced. e.g those on the Tier 2 (ICT) visa can now switch (in country) to a Skilled Worker visa.

If you ask on the link I gave above to a Skilled Worker visa site, they will know if your years on the ICT visa can be used towards 5 years to ILR, if you switch to the new Skilled Worker visa. It might be worth your while asking on there rather than just losing the years you have already spent in the UK on the Tier 2 (ICT) visa, which is what happens if you move to the FLR(M) visa.
« Last Edit: May 07, 2021, 02:49:57 PM by Sirius »


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Re: Spousal Visa - from Work Visa
« Reply #14 on: May 07, 2021, 02:48:34 PM »
Ah ok.  I will research it.  However for now I need to apply for the spouse visa as my work visa will expire March 2022.  I would like to also have the flexibility in case I want to change jobs.  I just had a baby 7 months ago and the job I have now is quite stressful and not possible to work part time. 

So I think I have to apply for spouse visa first. Unless I can switch it to skilled worker visa, then apply for ILR visa.  Is that an option ?
Met UK Hubby : August 2011
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