Spouse Visa question

[MrPasgit]

My wife and I are planning to apply for a spouse visa, since we are not planning to move to the UK anytime soon (she just planning to keep the visa in case of emergency), I am wondering if we could extend for a second time and apply later for ILR without physically being in UK? This could have a big impact on whether to apply now or at a later time.
Many thanks in advance.

[CR001]

For an extension and ilr, there is a requirement to provide evidence of cohabitation and meeting the financial requirement with documents from within the UK.

Ilr requires residence for 5 years with evidence.

Are you aware of the cost for a spouse visa?

[MrPasgit]

Thank you for replay, yes, I am aware of the cost.
We are currently living together in Japan. Does ILR for a spouse visa need a five-year residency? is there any document/guide on this?
cheers.

[CR001]

Yes, it is 5 years residency for all visas now as clearly stated in the immigration rules.

You have to prove the British spouse is present and settled and earning at the required level with evidence and that the couple live together in the UK and have evidence to prove it.

How would you meet the financial requirement for the initial spouse visa??

[MrPasgit]

Yes, it is 5 years residency for all visas now as clearly stated in the immigration rules.

You have to prove the British spouse is present and settled and earning at the required level with evidence and that the couple live together in the UK and have evidence to prove it.

living together in UK??? we live in Japan.

How would you meet the financial requirement for the initial spouse visa??
We both professional.

[CR001]

So how would you meet the financial requirement if at least 6 months evidence of earning £18,600pa in the UK or £62,500 savings??

Are you British or what is your UK status?

[MrPasgit]

So how would you meet the financial requirement if at least 6 months evidence of earning £18,600pa in the UK or £62,500 savings??
My income is almost £40k + my wife £35K.

Are you British or what is your UK status?
yes, British.

Thanks.

[CR001]

To use your income from abroad, you have to also prove you have a genuine job I'm the UK to start within 3 months of arrival and ho will verify this.

You also need to prove adequate accommodation in the UK.

[MrPasgit]

To use your income from abroad, you have to also prove you have a genuine job I'm the UK to start within 3 months of arrival and ho will verify this.

I am confused! we are not planning to move to the UK, it is only we are applying for the visa, so she can travel back and forth to see my family if needed.

You also need to prove adequate accommodation in the UK.

That would be my parents, but again we are not going back.

But as far as I checked on the website, they just asked for the proof of income, not accommodation etc.
but seems you missing my point, I wondered if we did decide to apply for ILR we would be eligible based on our non-residency status, do you have any document that you can refer me to ?

[CR001]

No she would not qualify. Immigration rules part Appendix FM states 60 months residence is required to qualify for ILR. Absences would need to be listed and are checked.

For each stage of the process for extension and ilr, documents from the UK proving residence etc is required.

[CR001]

Section for family life as partner.

https://www.gov.uk/guidance/immigration ... ly-members

https://www.gov.uk/government/publicati ... ly-members

[Casa]

Section 7 of the Immigration Rules

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

AND Section 12 of the SET(M) - ILR application form evidence of joint address in the UK:
Note 8: The items of correspondence should be addressed to you jointly or in both your names. Examples of acceptable items
are listed below. The documents provided must be originals. Photocopies are not acceptable.
The dates of the items of correspondence should be spread evenly over the whole period you are relying on. They should be from at least 3
different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if
they show the same address for both of you. For example - Four items of correspondence in joint names to the same address and two items
addressed to each partner at the address. In total eight items would need to be submitted.
If you and your partner have no bills or correspondence in joint names, you will need to submit twelve items (six each) of correspondence,
evidencing that you reside together at the same address.
If you and your partner lived with relatives or friends for some or all of the period you are relying on, please provide a letter from
the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the period you are relying on, tell us the reasons for this and whether you stayed in
contact with each other during this time, and provide any relevant supporting evidence.
Please give an explanation on a separate sheet if you cannot provide six items; if the items are not addressed to both of you; or if
they do not cover the period you are relying on.
Examples of acceptable items of correspondence:
• Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department
for Work and Pensions, DVLA, TV Licensing.
• Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments,
home visits or other medical matters
• Bank statements/letters
• Building society savings books/letters
• Council tax bills or statements
• Electricity and/or gas bills or statements
• Water rates bills or statements
• Mortgage statements/agreement
• Tenancy agreement(s)
• Telephone bills or statements

[seagul]

But as far as I checked on the website, they just asked for the proof of income, not accommodation etc.
but seems you missing my point, I wondered if we did decide to apply for ILR we would be eligible based on our non-residency status, do you have any document that you can refer me to ?

Which guide you have studied? Is it from official/reliable source? If you read official guide then apart of income requirement you will see the accomodation, proof of subsisting relationship and English test requirement too

[MrPasgit]

Thank you, very helpful.