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spouse visa under new rule

 
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sherryw
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Joined: 19 Oct 2012
Posts: 12

PostPosted: Sun Oct 21, 2012 7:54 pm    Post subject: spouse visa under new rule Reply with quote

Hi

My husband is going to apply for spouse visa in China. I have some question about financial requirements.

My income has met the requirement of £18600 and my question is that I was on maternity leave from Jan to July, so the proof I need to provide is 6 month payslips before I went on maternity leave, so last Jun to Dec, am I right?
I can also provide bankstatements showing I have savings over £20,000 but I dont know how long it needs to be, 3 months or 6 months before applying, and both of them should be sufficient for Financial requirements, my husband doesnt need to provide his earnings, is that right?


Thanks for your help in advance.
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Omaricious
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Joined: 03 Sep 2011
Posts: 92

PostPosted: Sun Oct 21, 2012 10:24 pm    Post subject: Reply with quote

Bank statements + payslips should be 6 months before the point of application. in other words the 6 latest payslips and bank statements before the month your husband would apply.

if ur income exceeds the threshold of £18,600/A based on the 6 latest monthly payslips (not less than 1550/month) you don't have to show any savings.
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olawest
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Joined: 20 Dec 2002
Posts: 44

PostPosted: Mon Oct 22, 2012 9:51 am    Post subject: Re: Financial requirement for spouse visa under new rule Reply with quote

sherryw wrote:
Hi

My husband is going to apply for spouse visa in China. I have some question about financial requirements.

My income has met the requirement of £18600 and my question is that I was on maternity leave from Jan to July, so the proof I need to provide is 6 month payslips before I went on maternity leave, so last Jun to Dec, am I right?
I can also provide bankstatements showing I have savings over £20,000 but I dont know how long it needs to be, 3 months or 6 months before applying, and both of them should be sufficient for Financial requirements, my husband doesnt need to provide his earnings, is that right?


Thanks for your help in advance.


Well, my advise is to include a cover letter that states your peculiar situation, that is you have been on maternity leave, hence you can only show your pre-maternity leave earnings. I have first hand evidence relating to these new financial requirements, my spouse got her visa within 6 business days. A cover letter wil help, as the financial requirement section of the form is very confusing.
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sherryw
Junior Member


Joined: 19 Oct 2012
Posts: 12

PostPosted: Mon Oct 22, 2012 12:30 pm    Post subject: Re: Financial requirement for spouse visa under new rule Reply with quote

olawest wrote:
sherryw wrote:
Hi

My husband is going to apply for spouse visa in China. I have some question about financial requirements.

My income has met the requirement of £18600 and my question is that I was on maternity leave from Jan to July, so the proof I need to provide is 6 month payslips before I went on maternity leave, so last Jun to Dec, am I right?
I can also provide bankstatements showing I have savings over £20,000 but I dont know how long it needs to be, 3 months or 6 months before applying, and both of them should be sufficient for Financial requirements, my husband doesnt need to provide his earnings, is that right?


Thanks for your help in advance.


Well, my advise is to include a cover letter that states your peculiar situation, that is you have been on maternity leave, hence you can only show your pre-maternity leave earnings. I have first hand evidence relating to these new financial requirements, my spouse got her visa within 6 business days. A cover letter wil help, as the financial requirement section of the form is very confusing.


so 6 payslips before I went on maternity leave and a HR letter says how much I earn,in addition a cover letter will be enough?
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olawest
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Joined: 20 Dec 2002
Posts: 44

PostPosted: Mon Oct 22, 2012 12:35 pm    Post subject: Re: Financial requirement for spouse visa under new rule Reply with quote

sherryw wrote:
olawest wrote:
sherryw wrote:
Hi

My husband is going to apply for spouse visa in China. I have some question about financial requirements.

My income has met the requirement of £18600 and my question is that I was on maternity leave from Jan to July, so the proof I need to provide is 6 month payslips before I went on maternity leave, so last Jun to Dec, am I right?
I can also provide bankstatements showing I have savings over £20,000 but I dont know how long it needs to be, 3 months or 6 months before applying, and both of them should be sufficient for Financial requirements, my husband doesnt need to provide his earnings, is that right?


Thanks for your help in advance.


Well, my advise is to include a cover letter that states your peculiar situation, that is you have been on maternity leave, hence you can only show your pre-maternity leave earnings. I have first hand evidence relating to these new financial requirements, my spouse got her visa within 6 business days. A cover letter wil help, as the financial requirement section of the form is very confusing.


so 6 payslips before I went on maternity leave and a HR letter says how much I earn,in addition a cover letter will be enough?


The cover letter is very key. Include your signed offer letter, previous P60's. It worked for me, it can work for you too. You have a situation that is not covered in the form, but you meet the intent and spirit of the financial requirement. I will not mind sharing my cover letter with you if need be.
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sherryw
Junior Member


Joined: 19 Oct 2012
Posts: 12

PostPosted: Mon Oct 22, 2012 1:15 pm    Post subject: Re: Financial requirement for spouse visa under new rule Reply with quote

olawest wrote:
sherryw wrote:
olawest wrote:
sherryw wrote:
Hi

My husband is going to apply for spouse visa in China. I have some question about financial requirements.

My income has met the requirement of £18600 and my question is that I was on maternity leave from Jan to July, so the proof I need to provide is 6 month payslips before I went on maternity leave, so last Jun to Dec, am I right?
I can also provide bankstatements showing I have savings over £20,000 but I dont know how long it needs to be, 3 months or 6 months before applying, and both of them should be sufficient for Financial requirements, my husband doesnt need to provide his earnings, is that right?


Thanks for your help in advance.


Well, my advise is to include a cover letter that states your peculiar situation, that is you have been on maternity leave, hence you can only show your pre-maternity leave earnings. I have first hand evidence relating to these new financial requirements, my spouse got her visa within 6 business days. A cover letter wil help, as the financial requirement section of the form is very confusing.


so 6 payslips before I went on maternity leave and a HR letter says how much I earn,in addition a cover letter will be enough?


The cover letter is very key. Include your signed offer letter, previous P60's. It worked for me, it can work for you too. You have a situation that is not covered in the form, but you meet the intent and spirit of the financial requirement. I will not mind sharing my cover letter with you if need be.


thank your very much and I sent you a message.
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sherryw
Junior Member


Joined: 19 Oct 2012
Posts: 12

PostPosted: Mon Oct 22, 2012 7:22 pm    Post subject: Reply with quote

Omaricious wrote:
Bank statements + payslips should be 6 months before the point of application. in other words the 6 latest payslips and bank statements before the month your husband would apply.

if ur income exceeds the threshold of £18,600/A based on the 6 latest monthly payslips (not less than 1550/month) you don't have to show any savings.


if only takes 6 months payslip into consideratin, I dont meet this threshold, cos I was on maternity leave pay from Jan to July. Something I dont understand, 18600 is annual income, why only need to provide 6 months payslip not 12 months? If counting 12 months before the data of application then I meet this requirement.

I read the FM and it says:

Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, the relevant date for considering the time period for the employment will be the date of commencement of the maternity, paternity, adoption or sick leave, not the date of application.

So in my case, I should provide 6 months before I went on maternity leave? Or 3 months before maternity leave and 3 months current year after maternity leave?

Any one can advise ? Thanks in advance!
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Omaricious
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Joined: 03 Sep 2011
Posts: 92

PostPosted: Mon Oct 22, 2012 9:06 pm    Post subject: Reply with quote

Where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in receipt of maternity, paternity, adoption or sick pay, the relevant date for considering the time period for the employment will be the date of commencement of the maternity, paternity, adoption or sick leave, not the date of application. So:
-
Under Category A, the applicant’s partner and/or the applicant must have been in the salaried employment for the 6 months prior to the commencement of the maternity, paternity, adoption or sick leave, and can count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement, alone or in combination with any or all of the items in 5.3.1.
-
Under Category B, the applicant’s partner and/or the applicant can count the gross annual salary at the date of commencement of the maternity, paternity, adoption or sick leave towards the financial requirement, alone or in combination with any or all of the items in 5.3.2, and must have received in the 12 months prior to the commencement of the maternity, paternity, adoption or sick leave the level of income required to meet the financial requirement, based on the items in 5.3.2.
-
But, under Category A and Category B, the relevant period for cash savings to be held, where these can be used under those categories, will remain the period of at least 6 months prior to the application.
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Omaricious
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Joined: 03 Sep 2011
Posts: 92

PostPosted: Mon Oct 22, 2012 9:16 pm    Post subject: Reply with quote

so u can supply the 6 months prior to ur maternity leave under category A.

jst one point i wud like to add: if there is a child the level of income should be £22,400 i think.
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sherryw
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Joined: 19 Oct 2012
Posts: 12

PostPosted: Mon Oct 22, 2012 10:05 pm    Post subject: Reply with quote

Omaricious wrote:
so u can supply the 6 months prior to ur maternity leave under category A.

jst one point i wud like to add: if there is a child the level of income should be £22,400 i think.


My baby is British citizen so she doesn't Need to be considered right?
Also the bank statements still just need to be 6month prior to application, maybe I shouldn't provide cos I meet the requirements by earnings?
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olawest
Junior Member


Joined: 20 Dec 2002
Posts: 44

PostPosted: Tue Oct 23, 2012 7:09 am    Post subject: Reply with quote

sherryw wrote:
Omaricious wrote:
so u can supply the 6 months prior to ur maternity leave under category A.

jst one point i wud like to add: if there is a child the level of income should be £22,400 i think.


My baby is British citizen so she doesn't Need to be considered right?
Also the bank statements still just need to be 6month prior to application, maybe I shouldn't provide cos I meet the requirements by earnings?


-the bank statements are mandatory to proof you meet the earnings.
-P60s/P45 are mandatory
-sign contract letter
- letter from employer stating gross salary

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix-fmse/


I assume you are back from maternity leave?
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sherryw
Junior Member


Joined: 19 Oct 2012
Posts: 12

PostPosted: Thu Oct 25, 2012 9:56 pm    Post subject: Reply with quote

[quote="olawest"][quote="sherryw"][quote="Omaricious"]so u can supply the 6 months prior to ur maternity leave under category A.


Yes I am back to work and my husband has done the online application, and one more question here,

it lists supporting docs, which particularly mentions - property Inspection report? Is it a mandatory after the new rule applies?
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Franko
Member of Standing


Joined: 17 May 2012
Posts: 114
Location: Bummersville

PostPosted: Sat Oct 27, 2012 8:56 am    Post subject: Reply with quote

For documents for employment you must include all of the following


From UKBA Website

In respect of salaried employment in the UK, all of the following evidence must be provided:
(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Property inspection is not essential however if anyone else lives in your home other than your your husband then it will be a benefit.
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Franko
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Joined: 17 May 2012
Posts: 114
Location: Bummersville

PostPosted: Sat Oct 27, 2012 9:00 am    Post subject: Reply with quote

Also read http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
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