Eligible to Apply for ILR Visa Directly?

[infotech85]

Hi

I am interested in knowing if I’m eligible to apply for the ILR visa directly.

My wife's a British national and she recently moved back to England for work. She’s earning above the threshold and is living at her grandparents’ house (which has ample space for us to settle in). We have been married for 7 years and have always lived outside the UK. We want to settle down in the UK now. I am confused as to which visa to apply for.

Apologies if this has already been discussed elsewhere.

Many thanks in advance.

[CR001]

No, you don't qualify for ILR. The concession that was in place for people in your circumstances was removed a few years ago.

You will now have to apply for a spouse settlement visa on VAF4A, costing £1195 for the visa plus the £600 immigration health surcharge.

https://www.gov.uk/join-family-in-uk/overview

This will be a 2.5 year visa. Near expiring, you will have to apply for an extension for another 2.5 years. Once you are within 28 days of 5 years residence, then you will be eligible to apply for ILR.

Your wife will have to provided evidence of meeting the financial requirement with 6 months payslips and bank statements.

Depending on which country you are from, you will need to meet the English A1 language requirement.

[infotech85]

Many thanks for the swift reply CR001. Going through a bunch of regulations really confused me. At least it's clear now that I have to apply for a spouse visa (VAF4A).

Another question - my wife started working in the UK around mid may 2016, hence she was paid her first months salary on a prorated basis. Counting 6 months makes me eligible to apply in November 2016. Since she wasn't paid her full salary during the first month, would it be safe to apply for the spouse visa in November 2016 or am I overthinking?

[CR001]

She needs 6 months payslips showing her full monthly salary, so December would probably be safest. Unless you/she has £62,500 in savings for at least 6 months, then you can apply now.

Where will you be submitting your application (your nationality)?

[infotech85]

Great. Thanks.

You've raised another question that I had been surfing for. I'm from Pakistan but have been working in China since the last 2 years. I couldn't find anything on the British embassys website regarding how to apply if you're outside your home country.

[Casa]

You can apply from any country in which you have legal residence (not as a visitor).

[infotech85]

It says on the embassys website that after submitting the application online, the applicant needs to book an appointment and submit the documents personally. Since I'm not in Pakistan, I would've to check with the British embassy in Beijing whether it's possible for me to submit an application online and my wife can simply post the documents within the UK.

Now for the tricky part. Both of my, bachelors and masters, degrees are from the UK. Upon graduating, I returned to Pakistan and got married. After returning to the UK, I was stopped at the airport saying I'm on the wrong visa and must re-enter with a post work study visa. They said my student visa expired was no longer valid since I had already graduated. I was given a removal document and I paid for my own flight back home. I was baffled and in a state of shock at the time as I still had a 3 months valid visa on my passport and even double-checked with the university before leaving if it was safe applying for the post work study visa upon my return to the UK. Anyway, after returning to Pakistan, I applied for the spouse visa and was rejected saying 'your spouse isn't employed and you guys can move to another country'. Fair enough as my wife was doing a PhD at the time. We never bothered applying again until we decided to give it a shot this year. Now the question is, since I was removed from the UK, would there be an entry ban on me? if yes, for how long? Since its been over 5 years, would this still affect my spouse visa application or would it be considered a fresh application? What did the entry clearance officer mean by 'you guys can relocate to another country' when my wife's British and it was a spouse visa application.

[CR001]

No, there should be no ban applicable when applying for a spouse visa. It is a fresh application.

What did the entry clearance officer mean by 'you guys can relocate to another country' when my wife's British and it was a spouse visa application.

Not sure when you applied for this spouse visa, as that would influence the advice given. But yes, if you don't (or did not) meet the requirements, HO believes you and your spouse could live elsewhere. It is a standard reply, meaning nothing to tie you to the UK as a newly married couple.

Remember, HO doesn't use emotion and feelings.

[infotech85]

The spouse visa was applied 6 years ago.

I browsed through the requirements, some of the them seem straight forward in terms of the financial/accommodation/English requirements. I'm not sure how we'll prove our communication for the next few months as we usually use whatsapp, wechat and facetime. Not sure if the screen shots would be acceptable. Any suggestion?

[CR001]

Screenshots would be acceptable.

English requirement you can use your UK degree and masters

[infotech85]

great! Also, would me having a job or not matter or how much savings I have. What if I lose my job or change my job while the application is in process.

[CR001]

Your job or job status is totally irrelevant for the purpose of a spouse visa. Your spouse alone has to meet the financial requirement if using employment.

Savings, yes, but it depends how much you have.

[infotech85]

my savings are below £15k but if combined with the savings in my wifes account, then they're above £15k. Since you mentioned they will be focusing on my wifes financial status, would it make a difference how much I have saved in my account?

[CR001]

No, savings under £16k are not even considered to be honest. If she earns above the £18,600pa threshold, then her income is sufficient to meet the requirement.

[infotech85]

Thanks a million CR001, really appreciate your help.

[CR001]

You're welcome. Shout if you have any further questions.