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rshelar
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Switching to Spouse visa in just 2 weeks? Will it be an issue ?

Post by rshelar » Mon Jun 05, 2023 9:35 pm

Hello,

I am a British National and my spouse is currently in the UK on an Employer sponsored Mobility Visa. It has only been few weeks that they have been in the UK.

Given the apparent benefits, I am considering switching to the "Spouse Visa"

Would this be an issue if we change visa so soon?

To give background -

We were initially planning to make an out of country spouse visa applications. However the timelines were 5 months and in the interim and luckily for us their employer processed an Global Mobility Visa and transferred to the UK.

So now I am thinking to make an In Country Spouse Visa application but just wary if there would be any issue? Would the HO look at it negatively that they are applying for spouse visa within weeks of arriving in the UK on a work visa?

My spouse has previously visited the UK on a tourist visa.

Please advise

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Re: Switching to Spouse visa in just 2 weeks? Will it be an issue ?

Post by CR001 » Mon Jun 05, 2023 9:41 pm

No issue provided you and your spouse meet all the requirements.
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rshelar
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Re: Switching to Spouse visa in just 2 weeks? Will it be an issue ?

Post by rshelar » Tue Jun 06, 2023 12:33 pm

Many thanks for confirming.

Just wanted to be sure.

Also I had previously filled the form for out of country application but now doing a new form for in country application. I see the questions are different !!

I am asked following which I did not see in out of country application and any pointers on these would be great :)

Have you been out of the UK since you started living here?

I have answered as NO as my spouse has only recently moved to UK on work visa. they have previously been here on tourist visa but I am assuming that is not related to this question?


Country you lived in


I can add as many countries I want, but my guess is these are countries where I stay for work rather than visit as a tourist? Also including my citizenship country.

What family or friends do you have in the country where you were born and/or any other country whose nationality you hold?

I plan to include immediate family and one or two close friends but this is making me doubt if I am filling the right form?

If you were required to leave the UK, what country would you go to? Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country?

I could write the home country and no factors but that seems like we don't want to integrate in the UK ?

Many thanks

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Re: Switching to Spouse visa in just 2 weeks? Will it be an issue ?

Post by AmazonianX » Tue Jun 06, 2023 1:38 pm

rshelar wrote:
Tue Jun 06, 2023 12:33 pm
Many thanks for confirming.

Just wanted to be sure.

Also I had previously filled the form for out of country application but now doing a new form for in country application. I see the questions are different !!

I am asked following which I did not see in out of country application and any pointers on these would be great :)

Have you been out of the UK since you started living here?

I have answered as NO as my spouse has only recently moved to UK on work visa. they have previously been here on tourist visa but I am assuming that is not related to this question? Correct


Country you lived in


I can add as many countries I want, but my guess is these are countries where I stay for work rather than visit as a tourist? Also including my citizenship country. Correct

What family or friends do you have in the country where you were born and/or any other country whose nationality you hold?

I plan to include immediate family and one or two close friends but this is making me doubt if I am filling the right form? You are on right track

If you were required to leave the UK, what country would you go to? Are there any factors which would make it difficult or impossible for you to integrate and establish a private life in that country?

I could write the home country and no factors but that seems like we don't want to integrate in the UK ? Respond truthfully as it applies to you.
Response to this will not impact outcome of application.

Many thanks

rshelar
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Re: Switching to Spouse visa in just 2 weeks? Will it be an issue ?

Post by rshelar » Tue Jun 06, 2023 7:51 pm

Thank you :)

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Declare Pregnancy - yes or no ?

Post by rshelar » Tue Jun 13, 2023 6:17 pm

Hello,

We are currently in the process of making an in country spouse visa application - switching from work visa to spouse of British national.

My spouse is currently pregnant.

Should I mention this explicitly by ourselves anywhere on the application or cover letter? Will this be an advantageous or disadvantageous to the visa outcome if mentioned?

There is no question related to this - the questions are if we have children and we have answered them as No.

There are questions such as if we would stay in any country other than the UK - I was planning to answer here as No and explain the pregnancy, future kids etc. - but I am unsure if that is a good approach?

I feel writing it may strengthen the application showing a strong relationship but it may need more financial requirements.

Any advise please?

Thanks

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Re: Declare Pregnancy - yes or no ?

Post by CR001 » Tue Jun 13, 2023 6:29 pm

Topics merged. Please keep all queries on the same application in one topic, this one!

Pregnancy is irrelevant for the purposes of a spouse visa application.
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Re: Declare Pregnancy - yes or no ?

Post by rshelar » Wed Jun 14, 2023 1:02 pm

Ah sorry - will keep posts in this thread.

I understand that it is irrelevant, but would you recommend mentioning it voluntarily ? If it can give an advantage in case of a rejection?

Such as human rights grounds or anything else?

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Re: Declare Pregnancy - yes or no ?

Post by CR001 » Wed Jun 14, 2023 1:06 pm

It is irrelevant, either positive or negative.

Applications are rejected if you do NOT meet the requirements, and an applicant will then be put on the FLR(FP) 10 year route.

It is not a difficult application to make, you/partner simply need to meet the requirements stated. Don't over complicate things.

You are overthinking.
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Re: Declare Pregnancy - yes or no ?

Post by JB007 » Wed Jun 14, 2023 4:20 pm

rshelar wrote:
Wed Jun 14, 2023 1:02 pm


I understand that it is irrelevant, but would you recommend mentioning it voluntarily ? If it can give an advantage in case of a rejection?

Such as human rights grounds or anything else?
The visa is a tick box exercise. Just tick all the boxes and you will get the visa.

Written before Brexit- There’s actually no right to family life in the UK https://freemovement.org.uk/article-8-r ... in-the-uk/

rshelar
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Re: Declare Pregnancy - yes or no ?

Post by rshelar » Wed Jun 14, 2023 7:02 pm

Great, thank you both

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Two year requirement - confused?

Post by rshelar » Mon Jun 19, 2023 9:54 am

Hi All,

I am just completing the application for an in-country spouse visa application for a spouse of British national and one of the question has confused me.

The question ask - Do you and your partner currently live together?

I answered Yes
After this it says from when - for us it has only been a month. As per my OP my spouse moved to the UK on a work visa and we are switching to spouse visa.

However it asks me to confirm the following -

Items of correspondence addressed to <Spouse> and <British national> at the same address as evidence you have been living together since your last grant of leave in this category, or from the date you first started living together, covering the last 2 years

Above is the bit I am not sure. We have only stayed together for a month in the UK and before that few months on and off in two different countries. We do not 6 items of correspondence given such a short period of only a month in the UK.

Is the underlying requirement here that for in country application you need to be staying together for 2 years? Can someone please advise of the options ? - do we delay applying?

The next question asks -

If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.

I confirm I will provide:

A letter from relative(s) or friend(s) confirming I or my partner lived with them for some or all of the 2-year period


Is this for both of us staying with relatives or friends or us staying separately? As the two parts seem contradictory.

I have been in UK for over a decade and my spouse has stayed in few different countries before moving to the UK last month - so I am unsure if this applies to us?

Thanks in advance

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Re: Declare Pregnancy - yes or no ?

Post by AmazonianX » Mon Jun 19, 2023 12:04 pm

The forms are generic and that of 2 years cohabitation does not apply to you. Click Yes to be able to progress, explain in cover note that switching.

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Two years residency ??

Post by rshelar » Tue Jun 20, 2023 11:25 am

Sure, thanks. Hoping there is an option to attach cover letter to explain and that it indeed gets read by case officer.

But just makes me wonder if this is indeed the right form - too many questions that do not seem relevant.

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Re: Two years residency ??

Post by AmazonianX » Tue Jun 20, 2023 1:16 pm

rshelar wrote:
Tue Jun 20, 2023 11:25 am
Sure, thanks. Hoping there is an option to attach cover letter to explain and that it indeed gets read by case officer.

But just makes me wonder if this is indeed the right form - too many questions that do not seem relevant. Hence why I wrote form is generic.

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Re: Declare Pregnancy - yes or no ?

Post by rshelar » Tue Jun 20, 2023 5:14 pm

Thanks again

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Re: Declare Pregnancy - yes or no ?

Post by rshelar » Tue Jun 20, 2023 8:33 pm

Can anyone please advise if the following is the correct guidance for the financial requirements ?

https://assets.publishing.service.gov.u ... rement.pdf

The date is from 2021 (2 years ago) and the first page says Family Migration: Appendix FM Section 1.7 Appendix Armed Forces

Hence not sure, the link on the online form does not open to a direct guidance.

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Re: Declare Pregnancy - yes or no ?

Post by CR001 » Tue Jun 20, 2023 8:59 pm

It is the correct document.
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Re: Declare Pregnancy - yes or no ?

Post by rshelar » Tue Jun 20, 2023 9:22 pm

Thank you so much :)

Sorry but a few more please


1 Combining Incomes

The form asks me - Which types of income will you rely on to meet the financial requirement

I selected "Employment" and "cash saving".

I get an error message as - Some types of income cannot be combined to meet the financial requirement. See Appendix FM 1.7 for more details.

However the guidance says -

If necessary, to meet the level of the financial requirement applicable to the
application, a person in salaried or non-salaried employment with the current
employer for 6 months or more at the date of application can add to this:
Page 20 of 71 Published for Home Office staff on 7 December 2021
• the gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly in the 12 months prior to the
application, provided they continue to own any asset on which that income was
based (for example, property, shares) at the date of application
• an amount based on the cash savings above £16,000 held by the applicant’s
partner, the applicant or both jointly for at least the 6 months prior to the date
of application and under their control - at the entry clearance/initial leave to
remain stage and the further leave stage, the amount above £16,000 must be
divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant
will have to make a further application) to give the amount which can be added
to income: at the indefinite leave to remain stage, the whole of the amount
above £16,000 can be added to income


Therefore income under Category A can be combined with Category C:
nonemployment income, Category D: cash savings and Category E: pension if
necessary to meet the financial requirement

Am I doing something wrong OR is the guidance incorrect?


2. Salaried and Non-Salaried Income

I work as an Inside IR 35 contractor on a daily rate but I get paid as PAYE with tax and NI deducted at source.

I also get payslips. I am on daily rate like non-salaried but get paid as PAYE with tax and NI as salaried.

I am unsure which one applies to me ? Any advise please?

The guidance has following for Category A as -

Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked.
The only difference in Category A between salaried and non-salaried employment is
how gross annual salary or employment income is calculated

Thanks in advance

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Financial Requirements for variable salary

Post by rshelar » Tue Jun 27, 2023 3:51 pm

Hello,

I am applying to switch visa for my partner in country and have few queries on the financial requirements that has got me confused.


1. I (British partner) am currently working as a day rate contractor inside IR 35. Does this mean it is category B that is applicable to me and not Category A?


2. What do I write as my gross annual income please?
Also will HO consider the lowest salary in the last 6 months?
I do not get paid when I take holiday and hence my lowest was in a month where I took 3 weeks holiday resulting in a low salary which if considered as a monthly salary then I do not meet the requirements.

How do I get around this please?


3. This one is unclear to me from the "Financial Guidance"

Under Category B, the assessment of the financial requirement is based on both:
• the gross annual salary or income from salaried or non-salaried employment at the date of application. This source can be combined with Category C: non-employment income , Category D: cash savings and Category E: pension
• the actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application. This can be combined with the actual gross income received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2)

What does the 2nd bullet point mean? Do I need to provide income from the last 12 months? My understanding was last 6 months payslips and the corresponding bank statements is what is needed.


4. I also have Cash savings across different accounts that meet the requirements. Is it better to show all those bank statements over payslips for a daily rate job?

Thanks in advance

rshelar
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Re: Financial Requirements for variable salary

Post by rshelar » Wed Jun 28, 2023 7:03 pm

Anyone please?

Thanks

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Consent for the Home Office

Post by rshelar » Tue Jul 04, 2023 10:51 pm

At the final stage of the initial spouse visa application, I have two consent questions

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

The bank statements are individual and so is the case with every document except one - The electricity bill is in joint name. I am providing this as one of the proof of cohabitation given this is an in-country switch to spouse visa.

Will the above question be YES or NO for me please?


Second question is - Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

Again for the same scenario, will this be YES or NO. My guess is NO.

Please advise. Thanks

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Re: Consent for the Home Office

Post by AmazonianX » Wed Jul 05, 2023 12:52 am

rshelar wrote:
Tue Jul 04, 2023 10:51 pm
At the final stage of the initial spouse visa application, I have two consent questions

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

The bank statements are individual and so is the case with every document except one - The electricity bill is in joint name. I am providing this as one of the proof of cohabitation given this is an in-country switch to spouse visa.

Will the above question be YES or NO for me please?


Second question is - Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

Again for the same scenario, will this be YES or NO. My guess is NO.

Please advise. Thanks

rshelar
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Re: Consent for the Home Office

Post by rshelar » Wed Jul 05, 2023 9:23 am

Thanks

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Re: Consent for the Home Office

Post by rshelar » Wed Jul 05, 2023 9:43 am

Sorry one last thing please -

A declaration by Person x of the source(s) of the cash savings, Acct: xx

Do we need to provide this declaration in a separate letter drafted by the applicant and partner?

I have included a section "Source of cash savings" on the cover letter. Is that good enough?

I did not see any form to download for cash savings, the only form I got was the "family consent"

Thanks

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