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Gf/Fiance from Tier 5 - Spouse

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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thwphipps
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Gf/Fiance from Tier 5 - Spouse

Post by thwphipps » Wed Nov 19, 2014 11:27 am

Hello all

I would just like to check some facts (and you all seem v knowledgeable/all this research is doing my head in) about the possibility of transferring my finance from a Youth Mobility visa to a spousal one.

She is a Canadian resident, we have been together for nearly a year and a half and are getting married next month (Dec. 15th). However her tier 5 lapses at the beginning of January. Would we have time to switch visas (especially considering christmas)?

In terms of financials: she manages a clothing shop and earns just under the financial thresh-hold. I work freelance in a very variable profession - last year I didn't make a huge ton freelance (supplemented it with other work), but this year I'm looking to do better (but probably still not over the threshold on my own). In both cases, our combined incomes would be well above the thresh-hold - but we can't work out if combined incomes are acceptable or not (everywhere seems to say different things)

Basically we are both feeling pretty lost and overwhelmed with all this - I think the next step is to book an appointment at one of those visa centers (is it possible to book an appointment before we've even gotten hitched?) - but they're super expensive. We could afford it, but we want to make sure it's not going to be a total waste of time first :cry: :cry:

Any help you could offer us would be super appreciated!

THANK YOU

Thom

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Casa
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Re: Gf/Fiance from Tier 5 - Spouse

Post by Casa » Wed Nov 19, 2014 3:07 pm

Firstly to put your mind at rest, joint incomes are acceptable. Are either of you self-employed?
Secondly, she can submit an application for FLR(M) immediately after the wedding, either in person (for a premium fee) where a decision is generally made on the day, or by post, which may take 3 months or so for a decision. She will retain her legal status while the application is being processed.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

thwphipps
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Joined: Wed Nov 19, 2014 11:19 am

Re: Gf/Fiance from Tier 5 - Spouse

Post by thwphipps » Wed Nov 19, 2014 3:24 pm

I am self employed, she's on a contract.

Main worry is that we're going to run out of time to put the application in after the wedding (its the 15th). Can we book the in-person appointment before the wedding?

What does "she will retain her legal status" mean - does she get to stay in the country? (Slight wrinkle, we are going back to Canada on the 29th to visit her family and I wouldn't want her to not be allowed back in!)

Thank you for the response :)

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Casa
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Re: Gf/Fiance from Tier 5 - Spouse

Post by Casa » Wed Nov 19, 2014 3:59 pm

If you are self-employed you will have to submit accounts and an HMRC self-assessment to prove your income. I can't confirm whether you can book an appointment prior to the wedding as I'm unable to access the online booking system without registering. Hopefully, one of the forum members who has used the system recently will be able to confirm.
Bear in mind that if you intend to travel at the end of December, unless the spouse visa has been issued prior to travelling, your wife's current visa will have expired on her return, if the expiry date is the beginning of January. If you've applied by post the UKVI will have her passport.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

thwphipps
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Re: Gf/Fiance from Tier 5 - Spouse

Post by thwphipps » Wed Nov 19, 2014 5:49 pm

Are the tax returns due from this year or last (this year's taxes obviously not being done yet...!)

So the "she will retain her legal status" thing is sort of killed by us going on holiday... damn you Canada.

So we would be applying for FLR(M), right? This one here: https://www.gov.uk/government/publicati ... -form-flrm

As there won't be enough time to apply via post, we would want to go to the Assessment Centre - so book here? https://www.gov.uk/ukvi-premium-service-centres

Sorry if these are nooby questions, just want to make sure we're doing the right thing!

TP

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Re: Gf/Fiance from Tier 5 - Spouse

Post by Casa » Wed Nov 19, 2014 6:22 pm

Reading through the financial rules for self-employment it appears that evidence of earnings is required for either the last full financial year or an average of the last two financial years. See Section 9
https://www.gov.uk/government/uploads/s ... rement.pdf
Others may be able to advise further. Bear in mind that self-employed income will be calculated as net before tax. i.e after allowable expenses have been deducted

Both of your links are correct.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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