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Spouse Visa for British citizens

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

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indianinuk23
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Spouse Visa for British citizens

Post by indianinuk23 » Mon Feb 16, 2015 8:21 pm

Hi there.
I am of Indian nationality and have ILR since Jan 2013(non-PBS) and planning on applying for British Citizenship next month. My query is for my non-Brit non-EU fiance, who I will marry this year. I shall refer to him as THE APPLICANT (just for ease of query). The wedding will be in India and we plan to move to UK after the wedding. So I was trying finding out about the information for his visa application.

My query is
1) Will we need to apply for dependant visa or family of a settled person visa?
2) Can the applicant work on the 'Family of a settled person' visa?
2) If we have to apply for 'Family of settled person' visa, there is a financial requirement of
£18,600 per year if you’re applying only for yourself / £22,400 per year for you and one child /£2,400 per year for each additional child. Is this requirement mandatory for the non-Brit applicant?
3) How long can you stay in the UK under either of the visas?

I am seeking advice from the experts and people with similar experiences.

Thanks
Kay

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CR001
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Re: Spouse Visa for British citizens

Post by CR001 » Mon Feb 16, 2015 8:30 pm

1) Will we need to apply for dependant visa or family of a settled person visa? dependent of settled person - VAF4A - Spouse visa

2) Can the applicant work on the 'Family of a settled person' visa? Yes, on spouse visa work is permitted.

2) If we have to apply for 'Family of settled person' visa, there is a financial requirement of £18,600 per year if you’re applying only for yourself / £22,400 per year for you and one child /£2,400 per year for each additional child. Is this requirement mandatory for the non-Brit applicant? Yes, you the British or Settled spouse has to meet this requirement. If there are currently no children, then the requirement is £18,600 per annum or £62,500 in savings for at least 6 months. If children are born in the UK, they will automatically be British as you have ILR or will be British and they won't be considered in the financial requirement. In addition to the financial requirement, your spouse has to meet the A1 English test as well.

3) How long can you stay in the UK under either of the visas? The first visa will be issued for 33 months and the extension will be issued for 30 months. Your spouse needs 5 years residence in the UK (with limited absences, i.e. not 2 years in one go) before the spouse can apply for ILR.
Char (CR001 not Casa)
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indianinuk23
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Posts: 21
Joined: Mon Feb 16, 2015 6:24 pm

Re: Spouse Visa for British citizens

Post by indianinuk23 » Mon Feb 16, 2015 8:58 pm

Thanks for yourr reply Char.

Just to be clear.
1 - The financial requirement has to be satisfied by either me as British citizen or by my spouse.
2 - My fiance had taken IELTS in 2012, as he was trying for PhD position. Will that still be valid for proof of English language?

Kay

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CR001
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Re: Spouse Visa for British citizens

Post by CR001 » Mon Feb 16, 2015 10:45 pm

If your spouse is applying from outside the UK for entry clearance on a spouse visa, it is the British Citizen (you) that has to meet the financial requirement. Combined income will not be considered.
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.

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