Originally Posted by alfista1

She could go back home, apply immediately and come back for either 6 or 11 months(English course).

Originally Posted by formula

If you are applying for a spouse visa, then it's the sponsor who has to earn that salary for 6 months, not the person being sponsored. They will have to earn that money for 6 months and provide proof of that with the visa application.

If they earned the equivilant of £18,600 (or whatever they need to sponsor) in the last 12 months and can find a job in the UK for that same financial requirement and they can provide a contract that starts within 3 months, then they can apply with all that evidence, to sponsor someone..

Originally Posted by cookiehearts

Like if you RETURN to the UK while your Non-EU citizen's visa is still processing to the job offer you put in your application, does that mean you have to now work that job in the UK for 6 months?

Originally Posted by formula

Anyone with a visa of 6 months or less cannot use the NHS for free.

If you go for the 6 month visa, perhaps you could ask the health insurers she has now while she is visiting the UK, if they will extend her cover for longer while she studies?

Originally Posted by alfista1

Yes she has private medical insurance. Not cheap but there was no other option. Actually the student visa medical package was cheaper.

Is there another forum that covers student visas just to ask some questions I have? For example I clicked on the GOV web site to accredited institutions for a student visa and one of the colleges offered a language course costing just 200 pounds specifically for the spouse visa.(but not sure if this would be valid)

Originally Posted by formula

If you are applying for a spouse visa, then it's the sponsor who has to earn that salary for 6 months, not the person being sponsored. They will have to earn that money for 6 months and provide proof of that with the visa application.

If they earned the equivilant of £18,600 (or whatever they need to sponsor) in the last 12 months and can find a job in the UK for that same financial requirement and they can provide a contract that starts within 3 months, then they can apply with all that evidence, to sponsor someone.

The one wanting to be sponsored could apply for a work visa in their own right, Tier 2 (General) so that a company then sponsors them, but that visa is hard to get from outside the UK unless they have skills in demand. 5 years to ILR on that visa.

Or if they have worked for a company for at least a year and that company has a UK office, they could try and get transfer on a Tier 2 (ICT). It's only a temporary visa (no route to citizenship) but their salary could then be counted for a spouse visa. Their time on a Tier 2 (ICT) won't count towards their 5 years to ILR on a spouse visa.

Student visa (Tier 4) is another option. Not cheap and they will have to study, but it will allow them time together in the UK until they can be sponsored for a spouse visa. If they get a Tier 4 that allows some work, that salary too can be counted towards the spouse visa. Time on a Tier 4 will not count towards the 5 years to ILR when they switch to a spouse visa.
Or at the end of their studies they can try and get a Tier 2 General visa as they are much easier to get if you studied in the UK.

Originally Posted by formula

The new rules mean that applicants now have to pass an English test before they can get a spouse visa or settlement and that sounds like one of those courses. Were they listed as a Tier 4 sponsor? https://www.gov.uk/government/public...nsors-students

UKVI is the right place to look as some "colleges" are not allowed to sponsor.

Originally Posted by alfista1

All of the tier 4 courses cost a fortune,

Originally Posted by spouse of scouse

What a helpful, clear post formula, and the one before the above too. I've read the rules countless times and still some of them don't 'stick' - it's good to have such concise and clear info, thanks

Originally Posted by formula

I have my uses

Originally Posted by formula

That's why I said it wasn't a cheap option. It's useful if someone really does want to further their education and wanting a spouse visa too.

Originally Posted by spouse of scouse

What a helpful, clear post formula, and the one before the above too. I've read the rules countless times and still some of them don't 'stick' - it's good to have such concise and clear info, thanks

Originally Posted by formula

That's easy for those that get a job contract in the UK while they are still working abroad. But if they give up their job, return to the UK to look for work and it takes them 2 months to find a job, then they need to have earned that £18,600 outside the UK in the previous 10 months - As they need to prove they earned that requirement in the 12 months prior to the application and they can't apply on that route until they provide a contract showing there will be a job starting within those 3 months.

Originally Posted by cookiehearts

I keep reading this over but get stuck in a loop.

Please, correct me if I'm wrong, but other than SS, Tier 4 and a work visa there are two options:

1) Work in foreign country for 12 months earning required amount. Find job in UK while living abroad that starts within 3 (makes required amount) of your visa application date, while still working at your current job. Apply for visa.

OR

2) Move back to the UK. Find a job that pays required amount. Work that job for 6 months. Apply for visa.

Originally Posted by formula

I wasn't that clear it seems

Having just read some other forums, they are saying that for those using the route for 'have earned £18,600 (more if they have non-UK children) in the past 12 months outside the UK and who start a job in the UK earning at least the same financial requirment within 3 months': they must have earned their financial requirement outside the UK 12 months prior to the application.

That's easy for those that get a job contract in the UK while they are still working abroad. But if they give up their job, return to the UK to look for work and it takes them 2 months to find a job, then they need to have earned that £18,600 outside the UK in the previous 10 months - As they need to prove they earned that requirement in the 12 months prior to the application and they can't apply on that route until they provide a contract showing there will be a job starting within those 3 months.