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How to apply for a Partner/Spouse Visa Under New Rules

Discussion in 'UK Visa and Immigration Help' started by Micawber, Jul 31, 2012.

  1. mcmm
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    mcmm New Member


    Thank you so much
  2. kylie30
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    kylie30 Member

    Congratulation!
  3. kylie30
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    kylie30 Member

    Does anybody can help us with this? It is confusing for us. Mark is earning 18,000, what can we do for us to get the financial requirement image.png
    • Disagree Disagree x 1
  4. Timmers
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    Timmers Well-Known Member Trusted Member

    You would need £17,500 in savings that has been held in a freely accessible account for six months if your chap earns £18, 000 pa.

    Maybe better if your chap asks for some overtime or a small pay rise :)
  5. kylie30
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    kylie30 Member

    When applying for FLR, is it still required to have a wage of 18,600?
  6. Timmers
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    Timmers Well-Known Member Trusted Member

    Yes, its not until you get to the ILR stage that the financial requirement is relaxed a little.
  7. kylie30
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    kylie30 Member

    Thanks for the reply. So, 18,600 is needed until FLR. Does Mark really need to have 17,500 in his savings Because he only gets 18,000
  8. Timmers
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    Timmers Well-Known Member Trusted Member

    If he doesn't earn £18,600 then he would have to have £17,500 in the bank, much easier to ask for a pay rise, overtime or change jobs, if you do not meet the financial requirement then there is no chance the visa will be granted, this rule came into effect in 2012.

    Its unfortunate but that's the way it is.
  9. bigmac
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    bigmac Well-Known Member Trusted Member

    yes--what Timmers said. do NOT apply for your visa if your fiance doesnt meet the financial rules. you will be refused--and you will have lost the visa fee--about £1200. there is no room for any leeway about the earnings / savings rules.

    better to wait a while till he earns that bit more. be patient.
  10. Gary T
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    Gary T New Member

    I think my wife and I case are different. We got married in the UK and got a spouse visa for my wife, however she wanted us to live in the Philippines so we moved there. I recently had to return to the UK as I could not get a extension of my visa and had a notice to leave by immigration. Since getting back I have managed to secure a 20hr per week part time job at minimum wage and have no other finance or savings. My wife obviosuly wants to join me in the UK but I am confused about these new regulations.

    1. As she already had a spouse visa (which has obviously expired) can we get it just renewed or extended or do we have to make a fresh visa application with all the new rules?

    2. As I am only working part time it will not give me an income of the £18600 mentioned at the beginning however my parents are more than able to financially support us for the time being. They have property rental income, ISA's etc so can these be taking in to consideration. (anyone working 38 hour week on mim wage cant hope to earn that much, maybe about £14,000)

    3. Currently as I returned home with no job, cash, house or whatever I am staying with my parents but when my wife comes over they will let us have one of the rental flats to live in so would this do as appropriate accommodation? Maybe even be rent free for a while.

    4. My wife has always had managerial jobs in the Philippines, Dubai, etc so would easily get better higher paid work than me so actually in the end she would be supporting me. Whats is this right to work document every employer seems to want to see now? How does she get one or is being a spouse an automatic right to work?

    5. If I get her here on a 3-6 month tourist visa could we then apply for a spouse visa once she is here?

    Please try to help me. Im getting so depressed thinking it will be years before I can see my wife again. Its terrible that the governments of this world do their best to keep husbands and wife apart!!!

    (Is there anyone in the east Cheshire or Stoke area that has gone through a similar situation would may be able to meet and chat)
    Last edited: Nov 15, 2016
  11. Anon04576
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    Anon04576 Well-Known Member

    1.) It will require a new application

    2.) You are the Sponsor of your wife so you will have to provide the financial support/evidence. Your parents could offset the outstanding financial requirement by submitting savings to your bank account. The savings will have to be in the bank account 6 months prior to application. The amount of savings will be determined by how much you earn in your job. If you tell us what you're earning we will be able to tell you how much your parents will have to submit in your bank account.

    3.) If they provide a flat then that is fine but it will require a letter stating that fact when you apply for your visa.

    4.) Being a spouse will mean she has automatic right to work. Don't assume she will get a better job than you though. Sometimes a highly qualified Filipino will end up doing menial jobs when in the UK.

    5.) You cannot apply for a Spousal visa whilst she is in the UK on a visit/tourist visa.
  12. Gary T
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    Gary T New Member

    I am just currently working 20 hours per week on minimum wage of £7.20 so I have a big problem finance wise at the moment.
  13. bigmac
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    bigmac Well-Known Member Trusted Member

    can your parents give you the money for you to make up the difference through savings ?
    you will need to declare the source of the money--and prove it--and have it in an instant access a/c for 6 months at the point of visa application.

    youre also going to have to submit 6 months payslips anyway.

    the savings you require is

    £18,600 minus ( £7.20 times 20 times 52 =££11,112 ) times 2.5 = £27,780. plus £16,000 threshold =£43,780.

    remember--you dont need to spend any of that--and you can give it back to your parents after the visa is granted. but you might need it again for the FLR 33 months later--but if youre both earning by then you may well not need any savings.

    in my case --my income is only the state pension--which is accepted as earnings---so i sold my house and rented to raise the savings requirement.
    Last edited: Nov 15, 2016
  14. Timmers
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    Timmers Well-Known Member Trusted Member

    I feel for you Gary I really do, you've been dealt a bad hand without doubt.

    You have limited options at the moment but its good you are looking at every possibility of getting your wife here to the UK.

    I think its all down to you securing a job that meets the financial requirement or asking your parents to gift you £62,500 (or £43,780 as bigmac worked out) which would make you exempt from meeting the financial requirement. Note that you could give your parents the money back once the visa is granted, for further visas (FLR) you can use joint incomes which would make life easier for you.

    Sorry I cannot give you any good news but at least you know what you're up against.
  15. Gary T
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    Gary T New Member

    Ok so i am a bit confused with the above. So you saying that i now need to have £43,780 savings and not just the £18600?

    So lets say i can get my hands on £15600 so i am £3000 short but my part time wages pay over the £3000 ( or 2.5x£3000 = £7500) shortage for the year, this wouldnt cover everything?

    Lets face it most jobs are minimum wage so even if i worked 42 hours a week with no tax or outgoings i would still only earn about £14500 so i still couldn't reach the £18600 limit! What the hell does the government expect the average joe like me to do to save almost £20000. I just dont understand why governments want to keep husbands and wives apart when they trying so hard for "family values"

    So can anyone lend me the cash i need to actually get the woman i love to be with me or should my wife and i be thinking of a divorce?
  16. Timmers
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    Timmers Well-Known Member Trusted Member

    Unfortunately the Government brought in the new requirement in 2012, one of their ways to limit immigration into the UK, it didn't work as we all know.

    The thing with the savings in bank is the fact that only savings over £16,000 can be used, it is set at £16,000 because that is the amount where you cannot claim most benefits in the UK.

    If I was you I would look at getting a part time job in addition to your full time job to get you to the £18,600 requirement, it only has to be temporary as your wife's income once she has entered and found a job in the UK can be used in your next visa application (FLR (M) )
  17. Anon04576
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    Anon04576 Well-Known Member

    No. The £43.780 is required to make up for the shortfall. Because you don't earn £18.600 you have to make the shortfall up in savings. So the £11.112 that bigmac calculated as your yearly wage plus £43.780 would be required in savings.

    If you earned a higher wage then the savings requirement would be less. If you earned £18.600 or more then there is no shortfall hence no savings would be required at that point.
  18. Colin4000
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    Colin4000 Member

    Hello can someone tell me I work in a temporary job which is going on to a fixed contract above the £18600 limit can I still apply for a spouse visa
  19. Ace
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    Ace New Member

    Hi all

    I have a query regarding application of ILR I hope someone can advise me

    UK visa valid from 24 Mar 14
    UK arrival 23 Jun 14

    If to count

    From and including: Monday, 24 March 2014

    To and including: Monday, 23 June 2014

    Result: 92 days

    It is 92 days from the start date to the end date, end date included
    Or 3 months including the end date

    I am at the process of extending my tier 2 general and according to the sponsorship cert that the new visa will be valid from 13 Feb 17 to 13 Feb 19

    Human Resource advise me that Nov 2018 I must start filling for ILR because my visa will expire on 13 Feb 17

    Take note that the first visa granted was 3 years and now the 2nd visa will be 2 years

    If to count, if ever I will apply on Nov 2018, i will be 4years and 6months in UK

    And if I will apply on the very month my visa will expire on Feb 2019 I will be 4years and 9months in UK

    Now to count again this time starting from 13 Feb 19 (visa expiry) to 23 Jun 19 (uk arrival anniversary)

    From and including: Wednesday, 13 February 2019

    To and including: Sunday, 23 June 2019

    Result: 131 days

    It is 131 days from the start date to the end date, end date included
    Or 4 months, 11 days including the end date

    Question ko po:

    1. how will I fill the missing months / days to complete the 5 years stay in UK?
    2. when is the best time for me to apply ILR with my situation?

    Thank you
    Last edited: Nov 20, 2016
  20. Gary T
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    Gary T New Member

    hi! good day everyone!
    a couple of questions here:

    1. my wife's spouse visa was granted in 2009 expired in 2011, we were not in the UK when it expired and was not able to renew it.
    i'm wondering if we are covered by any exemption because of that.

    2. if we are unable to meet the salary requirement, how much savings is needed and how long does the saving have to be in my bank account.

    3. we had never changed her name in her passport, but in the philippines all her id's including the umid, bir, voter's id were already our marriage name
    so she is now on visit visa here in the UK so can we apply it in the Philippine embassy here our maariage can be registered in the Philippines
    coz we got married here in the uk.

    Thank you for your thoughts.

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