Spouse Visa Financial Requirement

[testuser]

Hi,

Many thanks to all of you who provide free advice on this forum. I have a few questions regarding the spouse visa application I was hoping to get some help with.

I am on ILR and my fiancé is on a Tier 4 visa.

1. Do I need to be in continuous employment for 6 months to be able to sponsor my fiancé? I have worked with the same employer for over 4 years continuously until I left the company 2 months ago. I will be starting a new job in Oct/Nov but this would mean I have a 4 - 5 month gap when showing pay slips for the past 12 months. Should I wait for 6 months after starting my new job to submit the spouse visa application? This would mean my fiancé has to leave the UK and apply from outside the country.

2. Is there a period of time that we need to wait after getting married before we can apply for a spouse visa? (Similar to the 28 - 70 day period for Notice of Marriage.

3. According to my understanding I can take my earnings for the last 12 months and add them up to make 18600. Is it OK if there are some months were I have earnings of 0, if I can still show that I have more than 18600 in total? I hope this makes sense!

Thank you. We really appreciate your help!

[testuser]

Hi,

When submitting an out of country spouse visa application, does it have to be submitted from the country where my passport is from?

Eg: Do I have to submit the application from India if I have an Indian passport or can I submit an application while on holiday in another country?

Thank you.

[SoHopeful]

Hi,

Many thanks to all of you who provide free advice on this forum. I have a few questions regarding the spouse visa application I was hoping to get some help with.

I am on ILR and my fiancé is on a Tier 4 visa.

1. Do I need to be in continuous employment for 6 months to be able to sponsor my fiancé? I have worked with the same employer for over 4 years continuously until I left the company 2 months ago. I will be starting a new job in Oct/Nov but this would mean I have a 4 - 5 month gap when showing pay slips for the past 12 months. Should I wait for 6 months after starting my new job to submit the spouse visa application? This would mean my fiancé has to leave the UK and apply from outside the country.

As soon as you have earned 18,600 with payslips from both jobs (and the new job has an annual salary of 18,600 too) then you can apply using Category B showing your pay over 12 months. If your fiance's visa will expire before you have earned this then yes she would need to apply for her partner visa outside of the UK.

2. Is there a period of time that we need to wait after getting married before we can apply for a spouse visa? (Similar to the 28 - 70 day period for Notice of Marriage.

No - just as soon as you have the certificate and relevant evidence.

3. According to my understanding I can take my earnings for the last 12 months and add them up to make 18600. Is it OK if there are some months were I have earnings of 0, if I can still show that I have more than 18600 in total? I hope this makes sense!

Yes as I explained with #1 - Category B you do not need to be in work for consecutive months to apply just that you have earned that total in the last 12 months AND currently earning that annually also.

Thank you. We really appreciate your help!

[physicskate]

Hi,

When submitting an out of country spouse visa application, does it have to be submitted from the country where my passport is from?

Eg: Do I have to submit the application from India if I have an Indian passport or can I submit an application while on holiday in another country?

Thank you.

You must submit a visa application in a country where you have legal residence. This means you cannot apply from a country where you are on holiday, but you can apply from a country where you are living/studying/ working on an appropriate visa even if it is not necessarily your country of citizenship.

So yes and no.

[testuser]

Thanks so much!