Spouse visa
Jan 7th 2013, 9:17 pm
#16
Firetrak
Joined: Mar 2004
Posts: 577
Re: Spouse visa
It says on the wiki that you MUST have tax returns for proof of employment.
Is this true?
It also says, you must provide a letter from a UK employer confirming new job in UK.
My employer isn't from UK(headquartered in USA) but they're paying me to work in the UK.
So would that matter?
Thanks
Is this true?
It also says, you must provide a letter from a UK employer confirming new job in UK.
My employer isn't from UK(headquartered in USA) but they're paying me to work in the UK.
So would that matter?
Thanks
Jan 8th 2013, 1:22 am
#17
advocatus diaboli
Joined: Apr 2011
Posts: 320
Re: Spouse visa
I've heard the spouse settlement visa is issued for 33 months, and you will need a minimum of 30 months residency inside the UK under this (first) spouse visa to qualify for ILR after your 5 years' total residency. (30 months with the first--entry clearance--spouse visa AND 30 months on the second FLR visa = 5 years' residency in the UK.) So ... simple answer is--once your spouse has received the spouse visa she has just about 3 months to enter the UK to activate it.
I've also heard you can request the spouse visa be post-dated to a date when she wants to enter the UK. The requested date can be up to 3 months in the future (from the date she applies). (The application will not be processed, however, if the travel date is MORE than 3 months ahead of the application date, so be careful....)
So both these things together give you & your spouse some slack, if you want it.
Here's the UKBA link:
http://www.ukba.homeoffice.gov.uk/co...g/?langname=UK
I've also heard you can request the spouse visa be post-dated to a date when she wants to enter the UK. The requested date can be up to 3 months in the future (from the date she applies). (The application will not be processed, however, if the travel date is MORE than 3 months ahead of the application date, so be careful....)
So both these things together give you & your spouse some slack, if you want it.
Here's the UKBA link:
http://www.ukba.homeoffice.gov.uk/co...g/?langname=UK
Jan 8th 2013, 2:09 pm
#18
advocatus diaboli
Joined: Apr 2011
Posts: 320
Re: Spouse visa
I've heard the spouse settlement visa is issued for 33 months, and you will need a minimum of 30 months residency inside the UK under this (first) spouse visa to qualify for ILR after your 5 years' total residency. (30 months with the first--entry clearance--spouse visa AND 30 months on the second FLR visa = 5 years' residency in the UK.) So ... simple answer is--once your spouse has received the spouse visa she has just about 3 months to enter the UK to activate it.
I've also heard you can request the spouse visa be post-dated to a date when she wants to enter the UK. The requested date can be up to 3 months in the future (from the date she applies). (The application will not be processed, however, if the travel date is MORE than 3 months ahead of the application date, so be careful....)
So both these things together give you & your spouse some slack, if you want it.
Here's the UKBA link:
http://www.ukba.homeoffice.gov.uk/co...g/?langname=UK
I've also heard you can request the spouse visa be post-dated to a date when she wants to enter the UK. The requested date can be up to 3 months in the future (from the date she applies). (The application will not be processed, however, if the travel date is MORE than 3 months ahead of the application date, so be careful....)
So both these things together give you & your spouse some slack, if you want it.
Here's the UKBA link:
http://www.ukba.homeoffice.gov.uk/co...g/?langname=UK
Jan 8th 2013, 2:14 pm
#19
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: Spouse visa
It is indeed for 33 monthsPost-dating the visa is possible, however it is up to 3 months from the date of decision not application.
Yes, I find I never know what I'll find when I do a search of the UKBA site. Some links seem to have changed or been removed, even from just a month or so ago.
Jan 8th 2013, 2:50 pm
#20
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: Spouse visa
Just one more point, if say she entered the Uk 6-9 months instead of the 3 months, when the expiry date does arrives for the visa, will she be able to extend it up to the period needed to complete 30 months so she can then apply for the second stage of the settlement visa?
These UKBA pages seem to indicate this can still be done:
http://www.ukba.homeoffice.gov.uk/vi...e-cp/how-long/
http://www.ukba.homeoffice.gov.uk/vi...-long/#header2
BUT ... IMO the new spouse visa rules are too new for anyone to be able to say for certain whether this can be done or not....
Jan 8th 2013, 3:37 pm
#21
BE Forum Addict
Joined: Aug 2007
Posts: 1,782
Re: Spouse visa
If you read the spnsporship forms posted in the previous links, there are guidance notes. I would advise anyone to read these notes (and forms) carefully as everything is explained there. There is a lot of information to gather so it is best to start as soon as possible as it is a lot of money down the tubes if you do not comply with the guidelines.
http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/
http://www.ukba.homeoffice.gov.uk/si...isas/vaf4a.pdf
Last edited by johnh009; Jan 8th 2013 at 3:43 pm.
Jan 8th 2013, 5:19 pm
#22
Firetrak
Joined: Mar 2004
Posts: 577
Re: Spouse visa
I sponsored my wife to come to the UK. I believe the rules say that you must have sufficient funds to support yourself without recourse to public funds. Unless the rules have changed, a job offer was not required.
If you read the spnsporship forms posted in the previous links, there are guidance notes. I would advise anyone to read these notes (and forms) carefully as everything is explained there. There is a lot of information to gather so it is best to start as soon as possible as it is a lot of money down the tubes if you do not comply with the guidelines.
http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/
http://www.ukba.homeoffice.gov.uk/si...isas/vaf4a.pdf
If you read the spnsporship forms posted in the previous links, there are guidance notes. I would advise anyone to read these notes (and forms) carefully as everything is explained there. There is a lot of information to gather so it is best to start as soon as possible as it is a lot of money down the tubes if you do not comply with the guidelines.
http://www.ukba.homeoffice.gov.uk/vi...ly-outside-uk/
http://www.ukba.homeoffice.gov.uk/si...isas/vaf4a.pdf
Jan 9th 2013, 3:15 am
#23
advocatus diaboli
Joined: Apr 2011
Posts: 320
Re: Spouse visa
I don't know for sure. It used to be that you could apply for FLR (Further Leave To Remain) visas as often as you wanted if there was some kind of shortfall or a gap before enough residency time was completed to take you to ILR. I had an American friend in the UK years ago who did this, having entered the UK on her spouse visa later than she originally planned and then needing an "extra" FLR to tide her over till ILR.
These UKBA pages seem to indicate this can still be done:
http://www.ukba.homeoffice.gov.uk/vi...e-cp/how-long/
http://www.ukba.homeoffice.gov.uk/vi...-long/#header2
BUT ... IMO the new spouse visa rules are too new for anyone to be able to say for certain whether this can be done or not....
These UKBA pages seem to indicate this can still be done:
http://www.ukba.homeoffice.gov.uk/vi...e-cp/how-long/
http://www.ukba.homeoffice.gov.uk/vi...-long/#header2
BUT ... IMO the new spouse visa rules are too new for anyone to be able to say for certain whether this can be done or not....
Jan 9th 2013, 1:04 pm
#24
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: Spouse visa
John, when was it that you sponsored your wife to come to the UK? If it was prior to 9 July 2012, your wife came in under very different financial rules from those in effect right now. A job offer is now key, as well as a certain level & length of job history. Or if not a job, then a high level of savings. It's not just a matter of supporting oneself without recourse to public funds any more.
Jan 9th 2013, 2:03 pm
#25
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Spouse visa
It says on the wiki that you MUST have tax returns for proof of employment.
Is this true?
It also says, you must provide a letter from a UK employer confirming new job in UK.
My employer isn't from UK(headquartered in USA) but they're paying me to work in the UK.
So would that matter?
Thanks
Is this true?
It also says, you must provide a letter from a UK employer confirming new job in UK.
My employer isn't from UK(headquartered in USA) but they're paying me to work in the UK.
So would that matter?
Thanks
For initial entry clearance
You must provide ALL of the following evidence related to your current employment (The official wording is 'In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out for UK employment'):
Tax statements
Wage slips
A letter from the employer(s) who issued the wage slips confirming:
the person's employment and gross annual salary;
the length of their employment;
the period over which they have been or were paid the level of salary relied upon in the application; and
the type of employment (permanent, fixed-term contract or agency).
A signed contract of employment for employment currently held.
Monthly personal bank statements corresponding to the same period(s) as the wage slips, showing that the salary has been paid into an account in your name or in joint names with your spouse.
Additionally you must provide EITHER:
a letter from a UK employer confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; OR
a letter from a UK employer enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK.
You must provide ALL of the following evidence related to your current employment (The official wording is 'In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out for UK employment'):
Tax statements
Wage slips
A letter from the employer(s) who issued the wage slips confirming:
the person's employment and gross annual salary;
the length of their employment;
the period over which they have been or were paid the level of salary relied upon in the application; and
the type of employment (permanent, fixed-term contract or agency).
A signed contract of employment for employment currently held.
Monthly personal bank statements corresponding to the same period(s) as the wage slips, showing that the salary has been paid into an account in your name or in joint names with your spouse.
Additionally you must provide EITHER:
a letter from a UK employer confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant's partner's return to the UK; OR
a letter from a UK employer enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant's partner's return to the UK.
Jan 9th 2013, 4:31 pm
#26
BE Forum Addict
Joined: Aug 2007
Posts: 1,782
Re: Spouse visa
See Part 3.3 in link:
http://www.ukba.homeoffice.gov.uk/si...sas/vaf4a2.pdf
But, yes, the whole procedure can be a nightmare with information scattered all over the place and not placed in any logical structure. Welcome to the UK.
Last edited by johnh009; Jan 9th 2013 at 4:51 pm.
Jan 9th 2013, 4:37 pm
#27
BE Forum Addict
Joined: Aug 2007
Posts: 1,782
Re: Spouse visa
John, when was it that you sponsored your wife to come to the UK? If it was prior to 9 July 2012, your wife came in under very different financial rules from those in effect right now. A job offer is now key, as well as a certain level & length of job history. Or if not a job, then a high level of savings. It's not just a matter of supporting oneself without recourse to public funds any more.
Jan 9th 2013, 6:46 pm
#28
Firetrak
Joined: Mar 2004
Posts: 577
Re: Spouse visa
Been away for a few days - to confirm, see the bold - this comes from the Rules Appendix FM-SE which contains all the info on the evidence requirements (linked from the wiki). Perosnally I find the only reliable place to get info on the UKBA site is from the policy and law section.
Jan 9th 2013, 7:27 pm
#29
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: Spouse visa
So then am I right in deciphering that to mean I can be employed by anyone from anywhere as long as I can show I am being paid the sufficient funds to meet the financial requirements, such as a monthly wire to a UK bank account after I move to the UK and to a US bank account prior to the move at or above £1550 (£18600 per annum divided by 12) per month amount?
The UK authorities are looking for proof that you have a job in the UK paying over 18,600 per annum.
The fact that they put in their documentation "UK company" I think is just semantics, since they would expect the majority of people returning to the UK with a job to be employed by UK companies. It would be the exception that folks returning would be "sponsored/transferred" by their existing foreign companies.
Good luck.
Jan 9th 2013, 10:40 pm
#30
Firetrak
Joined: Mar 2004
Posts: 577
Re: Spouse visa
IMHO I would have thought that this would suffice.
The UK authorities are looking for proof that you have a job in the UK paying over 18,600 per annum.
The fact that they put in their documentation "UK company" I think is just semantics, since they would expect the majority of people returning to the UK with a job to be employed by UK companies. It would be the exception that folks returning would be "sponsored/transferred" by their existing foreign companies.
Good luck.
The UK authorities are looking for proof that you have a job in the UK paying over 18,600 per annum.
The fact that they put in their documentation "UK company" I think is just semantics, since they would expect the majority of people returning to the UK with a job to be employed by UK companies. It would be the exception that folks returning would be "sponsored/transferred" by their existing foreign companies.
Good luck.
Last edited by ldollard; Jan 9th 2013 at 10:44 pm.