confused by spousal visa

Old Feb 6th 2015, 1:08 am
  #1  
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Default confused by spousal visa

Hi everyone, I'm a little confused by the UK spousal visa! I am British and met/married my Canadian wife in Britain. We moved and have lived in Canada since 2006 but are talking about moving back to the UK together but the wording of the visas suggest I will need to be settled there before I can apply to sponsor her.

Are you allowed to apply together out of country or will I have to move first?

Also in regards to the finances are you able to use household equity as proof of 62500 or does that need to be cash in the bank?

Finally has anybody gone through this process in Canada and know how long the process usually takes?
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Old Feb 6th 2015, 1:19 am
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Default Re: confused by spousal visa

you , as the British citizen , need to have a job offer in the UK starting within 3 months of arrival , paying at least £18,600 per year , plus have held a job in Canada for at least 6 months paying the equivalent of £18,600.
alternatively, savings of £62,500 , which can be "profit' from the sale of property. not just having that amount in equity - you have to show the house is being sold.
more info here:
https://www.gov.uk/government/upload...equirement.pdf

I'm sure someone more knowledgeable will be along with a more in depth answer.
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Old Feb 6th 2015, 9:07 am
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Default Re: confused by spousal visa

Originally Posted by ArthurBrit

Are you allowed to apply together out of country or will I have to move first?
On the basis you (sponsor) and your spouse (applicant) are living together in Canada - the spouse (applicant) applies while in Canada, once the visa is issued to the spouse (and suggest) that you move together to the UK is best, or after the visa is issued that you alone could move to the UK to find a place to live, get settled in etc, then the spouse could follow shortly after

Also in regards to the finances are you able to use household equity as proof of 62500 or does that need to be cash in the bank?

yes, on the basis the house is sold, copy of the sales agreement, lawyers letter, closing date etc



see below, specific 6.1.4, 7.4.10, 7.4.12, 7.4.15(b)

https://www.gov.uk/government/upload...equirement.pdf

other info

https://www.gov.uk/join-family-in-uk

https://www.gov.uk/government/upload...4029/VAF4A.pdf

https://www.gov.uk/government/upload...settlement.pdf

Last edited by not2old; Feb 6th 2015 at 10:12 am.
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Old Feb 6th 2015, 2:21 pm
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Default Re: confused by spousal visa

We are not looking at moving immediately but are just getting ideas of processing times what we would need to do in order to move back...

When applying for myself to live in Canada I knew at the time that processing times were about 6 months and that I had to 'land' within a year of the visa being granted but, from what I have read it seems that it takes the UK days (5 days to 2 weeks) to go through the spousal process & I haven't read any mention of how long you have to move after the decision has been made.

Is anyone aware of that timeline?

Also once again if anyone has a full timeline going through Toronto that would be a big help.

I may be able to get a job offer before I leave to fulfill the financial requirement but it's hard to do without understanding the timing process better.

Also I read that the initial visa grants residence for 33 months I take it this starts from landing and not the issuance of the visa?

I also read that before the 33 months are up we would need to extend her visa whilst in the UK and once she has had an extension granted she will then be eligible to apply for indefinite leave to remain (ILR).

Please correct me if I have anything wrong in my write up!

Just want to know what it takes before we jump kind of thing!
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Old Feb 6th 2015, 2:41 pm
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Default Re: confused by spousal visa

Originally Posted by ArthurBrit
When applying for myself to live in Canada I knew at the time that processing times were about 6 months and that I had to 'land' within a year of the visa being granted but, from what I have read it seems that it takes the UK days (5 days to 2 weeks) to go through the spousal process & I haven't read any mention of how long you have to move after the decision has been made.
You can basically move to the UK any time within the initial spouse visa's 33 months' validity period. but if you wait more than 3 months, you may need another (third) FLR visa to get your full 5 years' worth of residence for ILR.

The applicant can request the spouse visa activation "start" date to be in the future-- up to but no more than three months after the application. Just make this request very clear in your cover letter and on the application itself. Usually the request is granted if it's no more than 3 months away....

However, be aware that the initial (i.e. entry clearance) visa gives you an extra three months slack precisely because it may take many folks some time to move over and activate the spouse visa. The second required visa (FLR) is only 30 months long. (30+30=60 months or 5 years.) So the two visas together (if used in their entirety) give you 63 months, or 3 extra months beyond the 5 year residence requirement.

Originally Posted by ArthurBrit
I may be able to get a job offer before I leave to fulfill the financial requirement but it's hard to do without understanding the timing process better.
Yes, it is a matter of timing, as you need the job offer to start within 3 months of your arrival in the UK.

Originally Posted by ArthurBrit
Also I read that the initial visa grants residence for 33 months I take it this starts from landing and not the issuance of the visa?
Correct.

Originally Posted by ArthurBrit
I also read that before the 33 months are up we would need to extend her visa whilst in the UK and once she has had an extension granted she will then be eligible to apply for indefinite leave to remain (ILR).
She will apply for another 30 month (2.5 yrs) FLR visa. When that second visa is nearly finished, she can then apply for ILR.
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Old Feb 6th 2015, 2:56 pm
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Default Re: confused by spousal visa

Originally Posted by WEBlue
You can basically move to the UK any time within the initial spouse visa's 33 months' validity period. but if you wait more than 3 months, you may need another (third) FLR visa to get your full 5 years' worth of residence for ILR.

The applicant can request the spouse visa activation "start" date to be in the future-- up to but no more than three months after the application. Just make this request very clear in your cover letter and on the application itself. Usually the request is granted if it's no more than 3 months away....

However, be aware that the initial (i.e. entry clearance) visa gives you an extra three months slack precisely because it may take many folks some time to move over and activate the spouse visa. The second required visa (FLR) is only 30 months long. (30+30=60 months or 5 years.) So the two visas together (if used in their entirety) give you 63 months, or 3 extra months beyond the 5 year residence requirement.


Yes, it is a matter of timing, as you need the job offer to start within 3 months of your arrival in the UK.

Correct.


She will apply for another 30 month (2.5 yrs) FLR visa. When that second visa is nearly finished, she can then apply for ILR.
So fictitiously if we applied today I would need to have a job offer to start within the next 3 months (May 8th) paying no less than 18,600 without requiring bank statements etc...

It would most likely be approved within weeks and then we have approximately 33 months to actually move.

What happens if I don't start my job on the scheduled start date, lets say things get altered and my job now starts (December 1st). Does this affect her landing in any way or once the visa is approved they don't bother looking at finances until the next application? (FLR)
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Old Feb 6th 2015, 3:04 pm
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Default Re: confused by spousal visa

Originally Posted by ArthurBrit
So fictitiously if we applied today I would need to have a job offer to start within the next 3 months (May 8th) paying no less than 18,600 without requiring bank statements etc...

It would most likely be approved within weeks and then we have approximately 33 months to actually move.
As I said above you can request the visa's start date to be three months away. So ... if you applied today, you could ask that the beginning of the visa validity start date be say early May. Then your UK job could begin in May, June, or early July and comply comfortably.

Or you could come early, before your wife enters on her visa. The conditions of the spouse visa mean she can either enter WITH you or JOIN you in the UK.
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Old Feb 6th 2015, 3:09 pm
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Default Re: confused by spousal visa

Originally Posted by WEBlue
As I said above you can request the visa's start date to be three months away. So ... if you applied today, you could ask that the beginning of the visa validity start date be say early May. Then your UK job could begin in May, June, or early July and comply comfortably.

Or you could come early, before your wife enters on her visa. The conditions of the spouse visa mean she can either enter WITH you or JOIN you in the UK.
Perfect thank you, basically it felt like things moved too quickly so that you didn't have time to plan anything but from your explanation we can get about 6 months out of the process which makes things easier and more manageable.
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Old Feb 6th 2015, 3:43 pm
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Default Re: confused by spousal visa

Originally Posted by ArthurBrit
So fictitiously if we applied today I would need to have a job offer to start within the next 3 months (May 8th) paying no less than 18,600 without requiring bank statements etc...

It would most likely be approved within weeks and then we have approximately 33 months to actually move.

What happens if I don't start my job on the scheduled start date, lets say things get altered and my job now starts (December 1st). Does this affect her landing in any way or once the visa is approved they don't bother looking at finances until the next application? (FLR)
If your wife is using Catogory B for a spouse visa, then she would need to include with her application her sponsors (you) job contract from your new UK employer which states a starting date of within 3 months. Contracts are binding.

Last edited by formula; Feb 6th 2015 at 3:55 pm.
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Old Feb 6th 2015, 3:55 pm
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Default Re: confused by spousal visa

Originally Posted by formula
If your wife is using Catogory B for a spouse visa, then she would need to include with her application her sponsors (you) job contract from your new UK employer which stated a starting date within 3 months. Contracts are binding.
I realise by sponsoring her I will have signed a contract stating that I will provide for her etc...

But being cautious if I had a job offer and it fell through between visa approval and landing what happens? Will she be denied entry into the UK or is it just on me to ensure shes provided for?
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Old Feb 6th 2015, 4:01 pm
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Default Re: confused by spousal visa

Originally Posted by ArthurBrit
I realise by sponsoring her I will have signed a contract stating that I will provide for her etc...
Your work contract that your wife needs to provide with her spouse application under catagory B, will be from your new UK employer. You signing to say you will provide for her, will not be enough. What, as you said in your example, you can't find a job for many months? UKVI want evidence that you actually have a job in the UK and that evidence will be the work contract from your new employer.

Originally Posted by ArthurBrit
But being cautious if I had a job offer and it fell through between visa approval and landing what happens?
It isn't your offer of employment that UKVI want, it's the contract from your new UK employer that they need with your wife's application. The job can't fall through because you have a contract and that contract is legally binding.



Under the earnings route for a spouse visa, your wife will need to show proof with her application that either

Catagory B
You earned at least £18,600 in the last 12 months
AND
you can prove you will start work in the UK within 3 months and will be earning at least £18,600.

Or

Catagory A
You have been earning £18,600 in the UK for at least 6 months and provide proof of that with 6 months of payslips and bank statements showing at least £1,550 before tax each month.

Last edited by formula; Feb 6th 2015 at 5:06 pm.
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Old Feb 6th 2015, 5:41 pm
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Default Re: confused by spousal visa

Originally Posted by formula

It isn't your offer of employment that UKVI want, it's the contract from your new UK employer that they need with your wife's application. The job can't fall through because you have a contract and that contract is legally binding.

Under the earnings route for a spouse visa, your wife will need to show proof with her application that either

Catagory B
You earned at least £18,600 in the last 12 months
AND
you can prove you will start work in the UK within 3 months and will be earning at least £18,600.

Or

Catagory A
You have been earning £18,600 in the UK for at least 6 months and provide proof of that with 6 months of payslips and bank statements showing at least £1,550 before tax each month.
I concur with that

For detailed guidance, read below, its the 'specified evidence'

https://www.gov.uk/government/upload...M_SE_final.pdf
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Old Feb 6th 2015, 6:13 pm
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Default Re: confused by spousal visa

Originally Posted by formula
Your work contract that your wife needs to provide with her spouse application under catagory B, will be from your new UK employer. You signing to say you will provide for her, will not be enough. What, as you said in your example, you can't find a job for many months? UKVI want evidence that you actually have a job in the UK and that evidence will be the work contract from your new employer.



It isn't your offer of employment that UKVI want, it's the contract from your new UK employer that they need with your wife's application. The job can't fall through because you have a contract and that contract is legally binding.



Under the earnings route for a spouse visa, your wife will need to show proof with her application that either

Catagory B
You earned at least £18,600 in the last 12 months
AND
you can prove you will start work in the UK within 3 months and will be earning at least £18,600.

Or

Catagory A
You have been earning £18,600 in the UK for at least 6 months and provide proof of that with 6 months of payslips and bank statements showing at least £1,550 before tax each month.
So if I sent a job offer from my company it wouldn't count unless there was a letter accompanied confirming the authenticity of said job?

4. In respect of a job offer in the UK (for an applicant's partner or parent's partner returning to
salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix
FM) a letter from the employer must be provided:
(a) 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
(b) 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.
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Old Feb 6th 2015, 8:04 pm
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Default Re: confused by spousal visa

just curious - given the above information & responses, which route will you likely take to get you wife to the UK & why?

- As meeting the financial requirements £62,500

- Category A

- Category B

- The Surinder Singh route

Which ever route you take, I'd plan on at least a 6-month start to finish event as 'fait accompli'

Good luck with it
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Old Feb 6th 2015, 8:49 pm
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Default Re: confused by spousal visa

Originally Posted by not2old
just curious - given the above information & responses, which route will you likely take to get you wife to the UK & why?

- As meeting the financial requirements £62,500

- Category A

- Category B

- The Surinder Singh route

Which ever route you take, I'd plan on at least a 6-month start to finish event as 'fait accompli'

Good luck with it
Well that's kind of what I am figuring out it is theoretically possible for me meet the 62,500 but we can also apply category B, I am just trying to weigh the pros and cons of each route.

The trouble with meeting the 62,500 is that I would need to release all equities in house, cars and investment options something that I don't want to do too early - this option leaves little room for error in terms of timing.

The trouble with Category B is that even though I will be able to get an offer of employment relatively easily I don't particularly want to stay in that position for too long as I will be looking to live in another area of the country (non-commutable) - I left my old position on good terms many years ago but am still in a friendly state with many of the upper management.

I believe I would like to come over using the Category B route and I will try to talk to some employers in the area I would like to move into but it's not always the easiest thing getting a job whilst in another country if worse comes to worse I can try talking to my previous employers for a job.

I have technically earned more than 18,600 for about 95% of my working life but unlike moving into Canada where it was an agreement of "we'll take care of ourselves and wont rely on the state" it's now "you need 62,500 in cash or 18,600 guaranteed income before you even consider moving".

The other option I could consider but don't particularly like is to move over on my own and find my permanent job and then sponsor. But I don't really want to maintain an international relationship and 2 households over an undetermined length of time.

That's where I am and why I'm asking questions now is I want to see which option is best for me and my wife.
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