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Tier 2 to Spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Harry438
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Tier 2 to Spouse visa

Post by Harry438 » Mon Aug 24, 2015 6:29 pm

Hi All,

I have a query with regards to applying for spouse visa under my wife. she recently received ILR and i am planning to apply for spouse visa, we got married in uk about 2 years ago and am on tier 2 visa. Could anyone please tell me what documents i need to provide for spouse visa application and most importantly i have been working from past 2.5 years but my wife she has mostly been on/off with jobs, so will it be ok if i show my payslips/letter from employer as a maintenance requirement or has it got to be her payslips.

And also could anyone please share there experience of going for a day service and the processing times.

physicskate
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Re: Spouse visa

Post by physicskate » Tue Aug 25, 2015 8:27 am

Harry438 wrote:Hi All,

I have a query with regards to applying for spouse visa under my wife. she recently received ILR and i am planning to apply for spouse visa, we got married in uk about 2 years ago and am on tier 2 visa. Could anyone please tell me what documents i need to provide for spouse visa application and most importantly i have been working from past 2.5 years but my wife she has mostly been on/off with jobs, so will it be ok if i show my payslips/letter from employer as a maintenance requirement or has it got to be her payslips.

And also could anyone please share there experience of going for a day service and the processing times.
What route did you use for ILR?

Is your wife residing in the UK? Under what visa?

Do your combined annual incomes exceed 18,600£? Are there any children?

geriatrix
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Re: Spouse visa

Post by geriatrix » Tue Aug 25, 2015 9:13 am

Life isn't fair, but you can be!

physicskate
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Re: Spouse visa

Post by physicskate » Tue Aug 25, 2015 9:18 am

physicskate wrote:
Harry438 wrote:Hi All,

I have a query with regards to applying for spouse visa under my wife. she recently received ILR and i am planning to apply for spouse visa, we got married in uk about 2 years ago and am on tier 2 visa. Could anyone please tell me what documents i need to provide for spouse visa application and most importantly i have been working from past 2.5 years but my wife she has mostly been on/off with jobs, so will it be ok if i show my payslips/letter from employer as a maintenance requirement or has it got to be her payslips.

And also could anyone please share there experience of going for a day service and the processing times.
Very very sorry - I had read that as your wife getting a spouse visa based on your ILR....

Be aware switching to FLR(M) will reset your ILR clock to 0.

As you have been working in the UK legally, yes you can include your financials.

Harry438
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Re: Spouse visa

Post by Harry438 » Wed Aug 26, 2015 6:40 pm

I am aware of my ILR to set to 0 but i just think with spouse visa i will have more liberty when comes to jobs and moreover i wont have any restrictions. Just to double check i can solely include my 6 months payslips and other relevant documents needed for maintenance and apply ?

Also if i go for premium service will the visa be issued same day if all the documents are in place ?

TIA

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Casa
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Re: Spouse visa

Post by Casa » Wed Aug 26, 2015 6:57 pm

You can rely on your income alone. As long as your application is valid and all documents are in order your PSC application submitted in person will be decided on the same day.
(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.

captain-zumba
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Re: Spouse visa

Post by captain-zumba » Wed Aug 26, 2015 7:13 pm

yes, you can count on your income to satisfy the requirement, does not necessarily has to be your wife's income. For same day, you have to book in advance however you need to make sure that you take all of your documents with you. If not, UKBA may pend your application, decision will be subject to you providing documents and may mean not receiving the decision same day.
best of luck with your application.

Harry438
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Re: Spouse visa

Post by Harry438 » Thu Aug 27, 2015 6:38 pm

thanks guys, just wanted to provide you with list of documents i will be submitting:

- 6 months payslips
- 6 months bank statements (mine only)
- letter from employer
- marriage certificate (we got married in UK)
- council tax for address proof (both our names are included)
- 2 passport photos
- bio metric/passport
- application form

If there's anything i need to include then please let me know, i tend to apply by end of September as i will be finishing 6 months with my current employer.

Thanks

Harry438
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Spouse visa query before peo appointment

Post by Harry438 » Wed Nov 25, 2015 2:59 pm

Hi all,

I am soon applying for spouse visa application, i have gathered the relevant documents required, could anyone please have a look at the checklist and let me know if I've missed anything. To brief, am applying for a spouse visa from tier 2 (general). My wife received her ILR in March 2015 and we both got married in UK 2 years ago but this is the 1st application i am making as a dependent of settled person.

Documents List:

Applicant:

passport+BRP
2 passport photos
Sponser letter
Application form
Letter from employer + 6 months payslips + 6 months bank statements (I am showing my salary as a maintenance requirement since I've been working from past 2+ years and earning more that £18600.

Sponsor:

passport+BRP
1 passport Photo

Accommodation/Relation proof:

3 years tenancy agreement (Joint name)
last year council tax bill (joint name)
letter from landlord
Gas/electricity bill (Sponsor name)
Internet (Sponsor name)
TV licence (Sponsor name)
Driving licence (Applicant)
HMRC (Applicant)
marriage certificate
wedding + holiday photos

The query i have is, will the above documents be enough for proving the relationship or do i need more documents and if say spouse visa comes with negative feedback will my tier 2 (general) will also be cancelled or will it not be affected ?

Thanks in advance.

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CR001
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Re: Spouse visa query before peo appointment

Post by CR001 » Wed Nov 25, 2015 5:29 pm

English A1 level or meeting the English requirement.

Is your spouse attending the appointment with you?

Have you paid the immigration health surcharge of £500?

Does your cohabitation documentation span the last two years? You don't need photos, HO are not interested in those.

You do realise that your clock towards ILR will be reset and you will be on a new 5 year route to ILR.
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.

Harry438
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Re: Spouse visa query before peo appointment

Post by Harry438 » Wed Nov 25, 2015 6:45 pm

CR001 wrote:English A1 level or meeting the English requirement.

Is your spouse attending the appointment with you?

Have you paid the immigration health surcharge of £500?

Does your cohabitation documentation span the last two years? You don't need photos, HO are not interested in those.

You do realise that your clock towards ILR will be reset and you will be on a new 5 year route to ILR.
forgot to add my Msc degree from Uk
- my spouse is attending with me
- yes i have paid the surcharge while booking the appointment.
- well here is the thing, does all the documents listed above has to be 2 years old i.e i have council tax from 2013 - 2015 and TV licence from 2015-2016. have a confusion in this as in do i need to show the 2 years co-habitation if am applying for 1st time as a spouse visa ?
- I am aware that the clock will reset which is fine as under spouse visa i will less restrictions than tier 2.

Also one last thing, will HO interview us when will go for appointment ? and if they do what kind of questions do they ask,

Thanks again.

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CR001
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Re: Spouse visa query before peo appointment

Post by CR001 » Wed Nov 25, 2015 6:54 pm

2 years cohabitation should be spread out evenly across the period to show cohabitation and subsisting marriage with documents either in joint names or addressed individually.

No, you will likely not be interviewed.
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.

Harry438
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Re: Spouse visa query before peo appointment

Post by Harry438 » Wed Nov 25, 2015 8:13 pm

CR001 wrote:2 years cohabitation should be spread out evenly across the period to show cohabitation and subsisting marriage with documents either in joint names or addressed individually.

No, you will likely not be interviewed.

thanks for all the info. really appreciate it !

Harry438
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Married but havent informed employer

Post by Harry438 » Sat Nov 28, 2015 6:34 pm

Hi all,

Am soon going for a peo appointment for my spouse visa and there's a certain thing which is bothering me - basically me and my wife have been married for 2 years and my wife has got an ILR and i am on tier 2 visa (sponsored by my current employer),my query is, is it compulsory to inform either the employer/ HMRC that am married or is it personal choice ?

TIA

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Casa
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Re: Married but havent informed employer

Post by Casa » Sat Nov 28, 2015 6:37 pm

Are you intending to apply for FLR(M)? If so, are you aware that it will re-set your clock to zero with 5 years before you will qualify for ILR? HMRC should be notified of your marriage.
(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.

Harry438
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Re: Married but havent informed employer

Post by Harry438 » Sat Nov 28, 2015 8:56 pm

Casa wrote:Are you intending to apply for FLR(M)? If so, are you aware that it will re-set your clock to zero with 5 years before you will qualify for ILR? HMRC should be notified of your marriage.
yes i am aware but with FLR(m) it will give me more flexibility with job and hence the reason. I haven't informed HMRC, will that create any issue when i go for FLR(m) ?

Harry438
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Spouse visa Granted, previously Tier 2

Post by Harry438 » Thu Dec 10, 2015 9:11 pm

Hi All,

I have recently changed my tier 2 (general) visa to spouse visa, the question i have is since my tier 2 sponsor will now cancel my visa will i still be getting curtailment letter even though i have changed it to spouse visa ?

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Re: Tier 2 to Spouse visa

Post by CR001 » Thu Dec 10, 2015 9:18 pm

Your Tier 2 visa would have been cancelled automatically when your spouse visa was granted. You cannot hold two visa for the UK simultaneously.

You only need to update your employer with your new visa details for their 'right to work' checks.
Char (CR001 not Casa)
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Harry438
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Re: Tier 2 to Spouse visa

Post by Harry438 » Thu Dec 10, 2015 9:30 pm

CR001 wrote:Your Tier 2 visa would have been cancelled automatically when your spouse visa was granted. You cannot hold two visa for the UK simultaneously.

You only need to update your employer with your new visa details for their 'right to work' checks.

I have already received spouse visa and i have informed my tier 2 employer to cancel my visa so its all good on that side but will i be receiving the curtailment letter from HO thinking that i will need to find new sponsor within 60 days or so which is not the case in spouse visa as i can work for any employer without any restrictions.

Harry438
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Re: Tier 2 to Spouse visa

Post by Harry438 » Thu Dec 10, 2015 9:33 pm

CR001 wrote:Your Tier 2 visa would have been cancelled automatically when your spouse visa was granted. You cannot hold two visa for the UK simultaneously.

You only need to update your employer with your new visa details for their 'right to work' checks.

sorry misread the reply, so you're suggesting as soon as my spouse visa was granted, HO has already cancelled my tier 2 visa so when my tier 2 employer cancel my Cos it will just be a part of procedure which will not effect me ?

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Re: Tier 2 to Spouse visa

Post by CR001 » Thu Dec 10, 2015 9:40 pm

so you're suggesting as soon as my spouse visa was granted, HO has already cancelled my tier 2 visa so when my tier 2 employer cancel my Cos it will just be a part of procedure which will not effect me
Yes, because you cannot hold two visas at the same time. Your employer is purely following the process they need to cover their paper trail for audit purposes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Harry438
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Re: Tier 2 to Spouse visa

Post by Harry438 » Thu Dec 10, 2015 9:48 pm

CR001 wrote:
so you're suggesting as soon as my spouse visa was granted, HO has already cancelled my tier 2 visa so when my tier 2 employer cancel my Cos it will just be a part of procedure which will not effect me
Yes, because you cannot hold two visas at the same time. Your employer is purely following the process they need to cover their paper trail for audit purposes.

Thanks for the reply !

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