applying for spouse visa whilst on maternity pay

[kimak]

Hi

If the sponsor is on maternity leave, which began this month at roughly £600 but they have earned around £1600 in the last twelve months and has been earning this amount since Feb 2015 (start of employment) can the applicant still apply for spouse visa?

And if the applicant decides to apply for Spouse Visa after 3 months in September whilst the sponsor is still on Maternity, and has been getting the smp for the last 3 months will that work?

If it acceptable, then does the sponsor needs to provide payslips for the period till and before the maternity leave started?

Thanks

[CR001]

they have earned around £1600 in the last twelve months

You don't meet the financial requirement of £18,600pa based on this.

[kimak]

I meant to say that £1600 per month since february 2015, so the annual pay till february 2016 was £19197. It is only this month that my wife went on maternity leave.

[Wanderer]

The UKVI take the lowest monthly income and use that to assess the application. If even one of the montly incomes was less than £1550 then that figure is taken for every month.

[kimak]

I am confused by this para.

Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in receipt of maternity, paternity, adoption or sick pay, or has been so in the 6
months prior to the date of application, the relevant date for considering the length of
employment and the income from the employment can be either:
 The date of application; or
 The date of commencement of the maternity, paternity, adoption or sick leave.

What does it exactly say? Thanks

[kimak]

anyone??

[Bubaloo]

Hi

I am on maternity leave at the moment and sponsoring my husband to come over. I submitted 6 months worth of payslips before my maternity leave started on January 1st, which was from July to December. I submitted my application on the 17th March so I also gave them January to March payslips to show that SMP is being paid by my employer as well as the bank statements for those months.

[Bubaloo]

Hi Kimak,

I'm unable to send or recieve messages as I haven't posted alot

[kimak]

Thanks for your response.
Did you hear anything back from them?
When did you submit the application?

Thanks

[Bubaloo]

I had an interview on Wednesday at the battleship in Paddington. So now we are waiting for the email to say a decision has been made and when he can collect his passport to find out.

[kimak]

If you don't mind me asking, what was the emphasis of the interview?

[Bubaloo]

The online application and fees were paid on March 17th

His Biometrics were done on the 24th March and we received an email on the 5th April that his application was recieved and was being prepared for a ECO to look at.

Wednesday 15th I received a phone call inviting me to an interview for the following Wednesday 22nd.

[kimak]

What did they ask in the interview? Thanks

[Bubaloo]

Because we haven't known each other for a long time alot of the questions although very simple was based around that.

[Bubaloo]

1. My date of birth.
2. Full name.
3. Address.
4. My status in the UK.
5. Where I was born.
6. His full name.
7. Address.
8. Date of birth.
9. Parent's names.
10. Date of wedding and the building.
11. How many people attended.
12. The first date we went on.
13. Who I worked for.
14. Who I report to.
15. How much I earn a month.
16. How do I get paid.
17. What I do in my role.
18. Daughter date of birth.
19. How we met.
20. How many people live in the house.
21. If my parents have given permission to stay with them.
22. What he does for work.
23. If he has applied for any other visas.

[kimak]

Thank you for replying. I hope you are united with your partner soon.

[Bubaloo]

Hi Kimak,

My husband collected his visa today so we will definitely be reunited soon!

[Lealea87]

Hi Bubalu. Im in the exact same position that you were in. Im currently on maternity leave from work and recieving full pay. But will be recieving SMP of £540 as of next month. The three month's SMP wage slips that you sent in were they disregarded then and your payslips with full pay only taken into account?

[Bubaloo]

Hiya,

Yes that is correct, the 6 months of Payslips before I took leave were looked at to make sure I met the financial requirement and the 3 months I sent off were proof that I was receiving smp.

[Lealea87]

Thats great. Thanks for that.