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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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reddevil93
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Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 13, 2021 6:44 am

TODMATT wrote:
Mon Sep 13, 2021 5:40 am
If you are able to another job, your previous income could count under CAT B.

See page 23

https://assets.publishing.service.gov.u ... .0-ext.pdf
Thank you so much!

In summary, as long as I met the required threshold of earnings in past 12 months and will have a job offer or contract signed for a new job upon my return to UK, we are safe?

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Mon Sep 13, 2021 6:52 am

No, job offer doesn’t apply to you because your income was from the UK and not from abroad. I would recommend you to at least have one payslips from current employer and also add your previous income in the last 12 months.
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 13, 2021 6:57 am

TODMATT wrote:
Mon Sep 13, 2021 6:52 am
No, job offer doesn’t apply to you because your income was from the UK and not from abroad. I would recommend you to at least have one payslips from current employer and also add your previous income in the last 12 months.
Understood. Thank you again.

If I understand correctly, applicant's salary in Poland (where she currently works) is irrelevant for the spouse visa application?

reddevil93
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 13, 2021 7:01 am

Also, when we got married she took my surname and intends to replace her passport accordingly, but it could take 3 months before new passport returns.

Could we apply for the spouse visa with her current passport (with her maiden name) and send off the application for the new passport at the same time.

Or perhaps it would be better to wait for new passport to return and then start the visa application?

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Mon Sep 13, 2021 11:15 am

reddevil93 wrote:
Mon Sep 13, 2021 6:57 am
TODMATT wrote:
Mon Sep 13, 2021 6:52 am
No, job offer doesn’t apply to you because your income was from the UK and not from abroad. I would recommend you to at least have one payslips from current employer and also add your previous income in the last 12 months.
Understood. Thank you again.

If I understand correctly, applicant's salary in Poland (where she currently works) is irrelevant for the spouse visa application?



That’s correct.
My opinions should not be constituted as an immigration or legal advice.

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Mon Sep 13, 2021 11:16 am

reddevil93 wrote:
Mon Sep 13, 2021 7:01 am
Also, when we got married she took my surname and intends to replace her passport accordingly, but it could take 3 months before new passport returns.

Could we apply for the spouse visa with her current passport (with her maiden name) and send off the application for the new passport at the same time.

Or perhaps it would be better to wait for new passport to return and then start the visa application?
It’s not mandatory for her to do this because it will delay things for you especially if passport is going to take 3 months to come back so you can do this later when you are about extend her visa in future.
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Tue Sep 14, 2021 9:02 pm

TODMATT wrote:
Mon Sep 13, 2021 6:52 am
No, job offer doesn’t apply to you because your income was from the UK and not from abroad. I would recommend you to at least have one payslips from current employer and also add your previous income in the last 12 months.
Is there a calculation that needs to be used to assess the threshold?

TODMATT
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by TODMATT » Fri Sep 17, 2021 8:43 am

See various categories Financial Requirement Appendix FM
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Poland

Re: Kazachstan citizen living in Poland - spouse visa to UK

Post by reddevil93 » Mon Sep 20, 2021 6:53 am

secret.simon wrote:
Tue Sep 07, 2021 11:27 pm
reddevil93 wrote:
Tue Sep 07, 2021 9:29 pm
I believe her degree was in English. What if it was taught in Polish?
If it was taught in Polish, she will need to take an approved English language test. It would probably be best if she does a B1 test directly.

Even if it was taught in English, the course would need to be validated by ECCTIS (the successor to NARIC) and the cost of the validation would cost the same as a B1 test (~£150).

As an aside, are you a solely British citizen or are you a dual British-EU citizen? And if the latter, did you acquire British citizenship by naturalisation? And if the former, did you live with your spouse in another EEA member-state before 31st December 2020?
Is B1 exam enough? I thought A1 was required?

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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by CR001 » Mon Sep 20, 2021 7:06 am

A1 is required for the initial spouse visa applied for abroad.

For FLR M extension after 2.5 years, A2 is required.

For ILR and British citizenship, B1 is required.

She can do B1 initially and used it all the way through the immigration journey, provided the test and test centre remains on the approved UKVI list.

B1 is higher that A1.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

reddevil93
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Poland

Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 20, 2021 8:26 am

CR001 wrote:
Mon Sep 20, 2021 7:06 am
A1 is required for the initial spouse visa applied for abroad.

For FLR M extension after 2.5 years, A2 is required.

For ILR and British citizenship, B1 is required.

She can do B1 initially and used it all the way through the immigration journey, provided the test and test centre remains on the approved UKVI list.

B1 is higher that A1.
Thank you very much.

reddevil93
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Re: How long after officially getting married do we have to wait before we can apply for UK spouse visa?

Post by reddevil93 » Mon Sep 20, 2021 1:24 pm

CR001 wrote:
Mon Sep 20, 2021 7:06 am
A1 is required for the initial spouse visa applied for abroad.

For FLR M extension after 2.5 years, A2 is required.

For ILR and British citizenship, B1 is required.

She can do B1 initially and used it all the way through the immigration journey, provided the test and test centre remains on the approved UKVI list.

B1 is higher that A1.

We can only find IELTS for UKVI General Training exam available here in Warsaw at the moment.

I don't suppose you know if this exam would be sufficient/acceptable?

reddevil93
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LanguageCert International ESOL SELT B1 (Speaking & Listening) [online] for First Spouse Visa

Post by reddevil93 » Tue Sep 21, 2021 7:17 am

Hello,

We are applying for first UK spouse visa from Poland.

I have booked LanguageCert International ESOL SELT B1 (Speaking & Listening) [online]

I have done a lot of research and it appears to be correct one. However, when I was booking this exam they didn't have the 'Spouse visa' option so I chose 'Further Leave to Remain - Spouse visa extension'.

Could someone advise if this will be accepted?

reddevil93
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Re: LanguageCert International ESOL SELT B1 (Speaking & Listening) [online] for First Spouse Visa

Post by reddevil93 » Tue Sep 21, 2021 10:40 am

Also, for a first spouse visa...

Is there a requirement that the relationship lasted 6 months or 2 years etc?

In our case from our ever first meeting to our wedding day there has only been 3 months. Would that mean automatic rejection even though I can prove that our love is genuine via photos and things we have done for each other?

TODMATT
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Re: LanguageCert International ESOL SELT B1 (Speaking & Listening) [online] for First Spouse Visa

Post by TODMATT » Tue Sep 21, 2021 11:09 am

reddevil93 wrote:
Tue Sep 21, 2021 7:17 am
Hello,

We are applying for first UK spouse visa from Poland.

I have booked LanguageCert International ESOL SELT B1 (Speaking & Listening) [online]

I have done a lot of research and it appears to be correct one. However, when I was booking this exam they didn't have the 'Spouse visa' option so I chose 'Further Leave to Remain - Spouse visa extension'.

Could someone advise if this will be accepted?
You have booked the correct test from one of the approved list and you are also doing a higher test which is perfectly acceptable.
My opinions should not be constituted as an immigration or legal advice.

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Re: LanguageCert International ESOL SELT B1 (Speaking & Listening) [online] for First Spouse Visa

Post by AmazonianX » Tue Sep 21, 2021 1:04 pm

reddevil93 wrote:
Tue Sep 21, 2021 10:40 am
Also, for a first spouse visa...

Is there a requirement that the relationship lasted 6 months or 2 years etc? No such requirement.

In our case from our ever first meeting to our wedding day there has only been 3 months. Would that mean automatic rejection even though I can prove that our love is genuine via photos and things we have done for each other?

reddevil93
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Poland

Holiday pay on payslips - spouse visa

Post by reddevil93 » Wed Sep 22, 2021 10:13 am

Hello,

First spouse visa, sponsor working in UK. On few payslips holiday pay was a major wage boost.

Should holiday pay be included when calculating required threshold?

TODMATT
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Re: Holiday pay on payslips - spouse visa

Post by TODMATT » Wed Sep 22, 2021 9:03 pm

reddevil93 wrote:
Wed Sep 22, 2021 10:13 am
Hello,

First spouse visa, sponsor working in UK. On few payslips holiday pay was a major wage boost.

Should holiday pay be included when calculating required threshold?
Paid holiday is fine.
My opinions should not be constituted as an immigration or legal advice.

reddevil93
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Poland

Re: Holiday pay on payslips - spouse visa

Post by reddevil93 » Thu Sep 23, 2021 7:14 am

TODMATT wrote:
Wed Sep 22, 2021 9:03 pm
reddevil93 wrote:
Wed Sep 22, 2021 10:13 am
Hello,

First spouse visa, sponsor working in UK. On few payslips holiday pay was a major wage boost.

Should holiday pay be included when calculating required threshold?
Paid holiday is fine.
Thank you once again.

reddevil93
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Poland

Early pregnancy - spouse visa

Post by reddevil93 » Wed Sep 29, 2021 8:25 am

Hi guys,

Would it work in our favour if we disclosed the fact that my wife is pregnant (first few months) during our spouse visa application?

Also, I'm aware that people on spouse visas don't get any benefits etc.

However, I'm not sure how would it work with a child? It is very likely that our child would be born in UK if all goes well with the visa. Would our child be eglible for all NHS treatments as any other British citizen.

Also, can I still apply for housing benefits (being British citizen) even though my wife will be on a spouse visa.

secret.simon
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Re: Holiday pay on payslips - spouse visa

Post by secret.simon » Thu Sep 30, 2021 3:06 am

reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Would it work in our favour if we disclosed the fact that my wife is pregnant (first few months) during our spouse visa application?
That is not really relevant to the application. It will do neither harm nor benefit to the application.
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Would our child be eglible for all NHS treatments as any other British citizen.
It is not correct to say that all British citizens are eligible for NHS treatment. Even non-resident British citizens may need to pay for NHS treatments. Only British citizens ordinarily resident in the UK are eligible for free NHS treatment. @JB007 will be able to advise further on this point.

Similarly British citizens resident abroad need to meet specific requirements to be able to avail of Home Student fee status and student finance when it comes to university financing. See this thread that touches on how being a non-resident British citizen does not carry any benefits on returning to the UK. That thread may answer many of your other questions. As you can see, on many matters of immigration, the UK's approach is much stricter than that of most EU countries', even when it comes to its own citizens.

Having said that, I think the child will be eligible for free NHS treatment if they are ordinarily resident in the UK with both their parents.
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
can I still apply for housing benefits (being British citizen) even though my wife will be on a spouse visa.
This is a complex question and you may want to post a separate question about that in the Claiming Benefits forum.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Early pregnancy - spouse visa

Post by JB007 » Sat Oct 02, 2021 9:32 am

reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Also, can I still apply for housing benefits (being British citizen) even though my wife will be on a spouse visa.
No. Housing Benefit is one of the welfare benefits that has been replaced by Universal Credit. I doubt a salary of 45k will get you any Universal Credit money (nor would that salary have got the old Housing Benefit either) as these are for those on low income. You could always try, but be prepared to be refused.

If you have trouble getting a job again in the UK, try looking at contribution based benefits. New Style Job Seekers Allowance is a small payment for those who have paid type 1 NICs, but as you chose to give your job up, you might not get that/will have to wait before claiming that.

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Re: Holiday pay on payslips - spouse visa

Post by JB007 » Sat Oct 02, 2021 9:48 am

secret.simon wrote:
Thu Sep 30, 2021 3:06 am
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Would it work in our favour if we disclosed the fact that my wife is pregnant (first few months) during our spouse visa application?
That is not really relevant to the application. It will do neither harm nor benefit to the application.
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Would our child be eglible for all NHS treatments as any other British citizen.
It is not correct to say that all British citizens are eligible for NHS treatment. Even non-resident British citizens may need to pay for NHS treatments. Only British citizens ordinarily resident in the UK are eligible for free NHS treatment. @JB007 will be able to advise further on this point.

Yes, (apart from a few exemptions) British citizens need to prove that they are residing in the UK to use the NHS.

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Re: Early pregnancy - spouse visa

Post by JB007 » Sat Oct 02, 2021 10:01 am

JB007 wrote:
Sat Oct 02, 2021 9:32 am
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Also, can I still apply for housing benefits (being British citizen) even though my wife will be on a spouse visa.
No. Housing Benefit is one of the welfare benefits that has been replaced by Universal Credit. I doubt a salary of 45k will get you any Universal Credit money (nor would that salary have got the old Housing Benefit either) as these are for those on low income. You could always try, but be prepared to be refused.
Adding- Those claiming Universal Credit with a No Recouse to Public Funds partner, have to be very careful that they don't take extra benefit money for their partner. They must link their partner to their UC claim as that NRPF partner's capital, property or land, in any country and their earning is used in the UC benefit calculation, but they must not take extra UC money for their NRPF partner.

Universal Credit is part of the Public Funds. Public Funds are not just welfare benefits.

reddevil93
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Poland

Re: Holiday pay on payslips - spouse visa

Post by reddevil93 » Sat Oct 02, 2021 11:13 am

JB007 wrote:
Sat Oct 02, 2021 10:01 am
JB007 wrote:
Sat Oct 02, 2021 9:32 am
reddevil93 wrote:
Wed Sep 29, 2021 8:25 am
Also, can I still apply for housing benefits (being British citizen) even though my wife will be on a spouse visa.
No. Housing Benefit is one of the welfare benefits that has been replaced by Universal Credit. I doubt a salary of 45k will get you any Universal Credit money (nor would that salary have got the old Housing Benefit either) as these are for those on low income. You could always try, but be prepared to be refused.
Adding- Those claiming Universal Credit with a No Recouse to Public Funds partner, have to be very careful that they don't take extra benefit money for their partner. They must link their partner to their UC claim as that NRPF partner's capital, property or land, in any country and their earning is used in the UC benefit calculation, but they must not take extra UC money for their NRPF partner.

Universal Credit is part of the Public Funds. Public Funds are not just welfare benefits.


Thank you.

My only concern was whether my wife and child would get the NHS treatment during final stages of the pregnancy and after birth.

I have lived and worked in UK for past 14 years, recently took a 3 month vacation and moved to Poland but intend to go back next month and I will be working from day one.

I'm guessing that our child will get the British citizenship if it's going to be born in UK and one of the parents is British resident. That should mean all NHS treatments as any other resident right?

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