Switching from Tier 2 (ICT) to Spousal Visa

[clarenicola]

Hi there,

I like to enquiry about a switching from my Tier 2 (ICT) to Spousal Visa. My current visa (obtained from 1 July 2012) is coming up to an end and will expire 28 Aug 2016.

I am also currently engaged (since last August 2015) to my Fiancee who is a British Citizen after dating for 2 years (we started going out July 2013) and we started living together September 2014. Our wedding is 28 May 2016 and we plan to go for our honeymoon straight after for a week.

We plan to apply for my Spousal visa after coming back from our honeymoon and like to find out what documents I need to apply for my spousal visa, which forms should I be using and if we can get a 1 day service.

I am also in two minds about using an immigration lawyer although I do not think my case is complicated and would like some advise from this forum.

Clair

[Casa]

You should apply on form FLR(M). https://www.gov.uk/remain-in-uk-family/apply
This will re-set your immigration clock to zero and you will be on a new 5 year path to ILR (2.5 + 2.5 years).
You can apply in person at a PSC by pre-booking the appointment online. The premium fee is £1311. Postal applications are £811.
You will also have to pay the NHS surcharge of £500 online before submitting your application and this is in addition to the visa fee.
Ensure you meet the A1 level English test requirements. https://www.gov.uk/government/uploads/s ... l_2016.pdf

£18,600 p.a minimum income required, but this can be from joint earnings.

[clarenicola]

Thanks Casa, that was a very fast reply. Just a few queries...

[clarenicola]

Thanks Casa, that was a very fast reply. Just a few queries...

1) PSC Service - will I be able to get a visa the same day...assuming all goes well. If the application is valid and all documents in order, the decision should be made on the same day.

2) NHS Surcharge - I am already contributing to NHS and I have a National Insurance number, do I still need to pay the £500 Surcharge? I'm afraid so. NI payments are not only for NHS services, but also contribute towards your State pension.

3) English requirement - I am confused from the FLR (M) forms as they ask for IELTS scores or Living in the UK scores. I have GCE "O" Levels in English back in Singapore and 4 "A" Levels (Physics, Maths, Economics and General Knowledge). Both my Bachelors and Masters are awarded from University of Kent. Do I still need to do both an IELTS and Living in the UK tests as per the forms? Not if you have degrees awarded in the UK. Submit these.
Life in the UK test won't be required until you qualify for ILR.
4) Joint Earnings - yes both qualify joint income >150K p.a. Sorted then.

Have a great wedding day!

[CR001]

1. Should be fine then.

2. Yes, you have to pay the immigration health surcharge. You will not be able to submit your application if you do not pay it.

3. Your UK degree should be sufficient as far as I am aware.

[clarenicola]

Thanks Casa and CR001 for your prompt replies. I also have the following queries...

1) Processing time - We are planning to go for our honeymoon after our wedding and wondering how long it will take for Home office to process my visa should I decide to use the postal service?

2) Document - In terms of documents, evidence etc, I am wondering are there anything additional from the list below I need to provide to Home Office for my spousal application.

I. Sponsor Information

A. Sponsor’s Letter of Introduction
B. Copy of Passport Bio Page
C. Originals of Birth Certificate (short and long form)
D. Financial Info (in sealed envelope)
1. Bank statements
2. P60
3. Payslips
E. Evidence of Accommodations
1. Letter from XXX verifying accommodations agreement
2. Deeds to home
F. Employment Information
1. Letter of Employment from XYZ Co
2. Employment Contract from XYZ Co

II. Applicant Information
A. Applicant’s Letter of Introduction
B. Passport and two colour passport-sized photos
C. Original Birth Certificate and notarised copy
D. Biometrics - Current Tier 2 (ICT)
E. Employment Information
1. Proof of Employment letter from employer
2. Employment Contract from employer
F. Work History/Evidence of Employability
1. Resume
2. Bachelors and Masters certificate from British University
G. Financial Info (in sealed envelope)
1. Bank statements
2. P60
3. Payslips

III. Applicant-Sponsor Relationship
A. Marriage
1. Original and Certified Copy of Marriage License
2. Wedding photos
3. Wedding invitations, save the date, cards from family, etc.
4. Honeymoon pictures

B. Other documents
1. Photos from holidays and events spent together
2. Letters from local council applicant's name (proof of co-inhabitation)

[CR001]

Postal applications can take a few months.