UK Citizen Dependent from India

[guddianigam]

I (indian) and my husband (british citizen) have been married since 18th March 2014. We got married in UK as I was on a valid HSMP visa which expired in April 2016. After that due to some circumstances I had to come to India. I and my husband came to india in June 2014.
Now we are planning to move back to UK.
I got married to my husband while on HSMP visa (Expired - April 2016), now I want to change my status to his dependent.

1) Please advice if we can do this from India itself before going to UK?
2) If not then can I enter UK now with my husband and start my process from UK itself?
3) In case my husband has to go before me, and then we need to apply, then how long we need to wait before applying?
4) I have Bachelor's degree which is listed under Points Based Calculator of UKBA and also I have Post Graduate Diploma in Hospitality Management from EHWLC London, so do I need to give english language test?
5) If we can apply from India what maintenance can we show and if from UK then what do we show?
6) If yes, then is this fixed amount excluding expenses or is it like HSMP visa, like a running expense bank statements?
7) What will be the procedure for me to get it as soon as possible.

Thanks

[vinny]

You may apply as a spouse of a settled person, to join husband.

Normally, husband is subject to at least £18,600 income p/a, English Laguage requirement, etc., under Appendix FM.

[Casa]

Further to Vinny's advice, in order for your husband to meet the financial conditions for your spouse settlement visa he will either have to:
1.Return to the UK and wait until he can show pro-rata earnings of £18,600 for the 6 months prior to you submitting the application.
or
2. Show that he has been earning the equivalent of £18,600 in India for the 12 month period prior to submitting the application and have a confirmed offer of employment in the UK to start within 3 months of arrival, again meeting the £18,600 p.a minimum income level
or
3. Without income, show savings of £62,500 which have been held in an accessible account for at least 6 months.

In addition to the £1,175 visa fee you will also have to pay the £600 NHS surcharge.

[guddianigam]

1) I have NHS number and NI number and did pay taxes when I was in UK. Do I still need to pay £600 towards NHS????
2) While I returned from UK, I did get a refund for my taxes.
3) If my husband is able to show £18,600 from India itself in an account, then does that qualify us??

[Casa]

1) I have NHS number and NI number and did pay taxes when I was in UK. Do I still need to pay £600 towards NHS????
2) While I returned from UK, I did get a refund for my taxes.
3) If my husband is able to show £18,600 from India itself in an account, then does that qualify us??

1. Yes as NI & taxes cover state benefits, such as the State Pension and Maternity Allowance. The NHS surcharge must be paid.
2. Not applicable.
3. Savings above £16,000 will be considered to make up any shortfall in earnings, but without any income from employment as explained in my post you will require savings of £62,500. If you only have savings of £18,600 you will be short of £42.900. (The first £16,000 of savings are disregarded).

[guddianigam]

Hi,

Sorry I actually meant, if my husband shows a income (salary) coming in to his account for £18600, then can we apply from India itself, without my husband needed to go back to UK??

[Casa]

Do you mean your husband will show £18,600 earnings in India over the 12 months prior to submitting the application? If so, in order to qualify he will still need a confirmed job offer in the UK to start within 3 months of arrival, with an annual salary of at least £18,600.
You will also have to submit evidence of adequate accommodation available upon entry into the UK.

[guddianigam]

1) Yes, showing salary coming in from india to his account in India, while living in India itself.
2) Accommodation and offer letter can be arranged at the end of a year period, once we reach to that stage.

So, according to you applying for UK citizen's dependent from India is not a issue, while we both are staying in India.

Thanks

[Casa]

Assuming he can meet the 12 month income level in India and have a genuine job offer in the UK to start within 3 months of arrival. Bear in mind the ECO is likely to verify the UK employment with the employer.

[guddianigam]

Thank you so much everyone to reply on this post and helping us out. I will keep you all updated with our development.