Spouse Visa INDIA

[Wayfarer777]

Hi everyone,

I am new to this forum. I am applying for my wife's spouse visa from India in next month. I am an IT contractor and also director of my own limited company. I have got some few questions below and I am hoping someone can clarify those.

1. Earnings: I earned more than required threshold in the last 12 months. I am taking salaries and dividends. But the main probelm is, I have an employment break for 4 months in the middle of last 12 months. I am out of work from Feb to May. But I earned the required income of £18,600 without adding those 4 months. Is that be any problem if I do not send continous 12 months payslips but instead 8 months payslips?

2. Category: CATEGORY A or CATEGORY F? This is the main confusion. Which category I fall under? I am a limited company director and PAYE registered for taking salaries.

3. English language requirement: We got Statement of Compatibility(SOC) from UK NARIC. And we got a letter from University stating that her Master Degree was taught in English. IS that enough or Does she still need English language assessment(ELA) from UK NARIC?

Your answers will be highly appreciated.

Thanks very much!

[arunsk]

Hi

1. You only need 6 months payslips. The break from Feb to May is in 2015 or this year? If it is last year then no issues. I applied in May and submitted payslips, statements from Nov 2015 to April 2016.

2. I am not sure whether it makes any difference if it is a ltd company director, if you are working for the same employer for more than 6 months then Category A.

3. NARIC letter is now mandatory, I have only submitted degree certificate and medium of instruction letter but they sent an email asking for additional document (NARIC letter) and asked to submit within 10 calender days !! NARIC now introduced blue route and red route for obtaining language assessment, red route is for visa purposes. It includes english level assessment and comparability, it takes 10 business days to get it. In my case as there wasn't much time I have written to them and they said they can accept blue route form so I have taken both english language assessment and statement of comparability. NARIC site has a sample forms also (once you registers).

[Wayfarer777]

Hi Arun,

thanks so much for your asnwers.

1. The gap is actually this year. Let me tell you clearly about this. Please see below summary.

Aug 15 Earnings
Sep 15 Earnings
Oct 15 Earnings
Nov 15 Earnings
Dec 15 Earnings
Jan 16 Earnings
Feb 16 No Earnings
Mar 16 No Earnings
Apr 16 No Earnings
May 16 No Earnings
Jun 16 Earnings
Aug 16 Earnings

Whe you say 6 months payslips is enough...does it mean you earned the threshold of £18,600 in 6 months?

2. I am under an impression that CAT A is for permanent employees but not for the Director of a limited company. If that is not the case, I do not understand why did they created separate categories (F & G) for Directors of a limited company? And they clearly mentioned "Director of specific limited company in the UK". That is my main confusion is.

3. Cleared with this. Will apply ELA also now.

Thanks

[arunsk]

I am working as a permanent employee.
6 months thing is mainly for the category and yes in my case I meet threshold with 6 months so only provided those.

From VAF Appendix form,
"
3.12 Has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for 6 months prior to the date of the application? (Category A)"

Sorry I cannot be sure of which category for ltd company director.

3. If you get assessment using red route then that should give you both ELA and SoC.

[Wayfarer777]

Thanks Arun. Thanks for your answers.

Can any senior members guide me which category I need to apply and ....is there any problem with my employment break?

[Wayfarer777]

Thanks Arun. Thanks for your answers.

I already paid for SOC and got it from blue route so will apply ELA also in blue route. I dont think it is gonna be any problem whether it is blue or red as long as it assessed and approved by NARIC.

Can any senior members please guide me which category I need to apply and ....is there any problem with my employment break?

[Wayfarer777]

Hi Arun,

thanks so much for your answers.

1. The gap is actually this year. Let me tell you clearly about this. Please see below summary.

Aug 15 Earnings
Sep 15 Earnings
Oct 15 Earnings
Nov 15 Earnings
Dec 15 Earnings
Jan 16 Earnings
Feb 16 No Earnings
Mar 16 No Earnings
Apr 16 No Earnings
May 16 No Earnings
Jun 16 Earnings
Aug 16 Earnings

Whe you say 6 months payslips is enough...does it mean you earned the threshold of £18,600 in 6 months?

2. I am under an impression that CAT A is for permanent employees but not for the Director of a limited company. If that is not the case, I do not understand why did they created separate categories (F & G) for Directors of a limited company? And they clearly mentioned "Director of specific limited company in the UK". That is my main confusion is.

3. Cleared with ELA now.

Thanks

[Wayfarer777]

Sorry one of my message got repeated in this post. Try to delete it but didn't find any option as I am newbie to this site.

[Wayfarer777]

Any suggestions please?

[Wayfarer777]

Please anyone can help on this?

I have only two questions.

1. As a limited company director, Which category should I apply? CAT A or CAT F?
2. Will that be any problem if I had any employment break in the last 12 months period?

Your answers will be highly appreciated.

Thanks!

[Wayfarer777]

Good news guys ...my wife got spouse visa today. It took only 5 weeks (24 working days) to get my wife visa to be processed. Initially I thought it might take 2 months+ (Chennai embassy takes long time) but it was quicker in my case. It's NOT a priority service so we are completely surprised!!!

Few months ago I have posted my question here (see above) regarding which category I fall under but sadly no one has answered. I was upset and my mind is completely blank on which category I need to select. Then after reading APPENDIX FM and APPENDIX FM-SE thoroughly, I took my OWN BRAVE DECISION to apply under Category F (self-employed as a Director of Limited Company) and it went SUCCESSFUL .

Let me tell you my story in brief. My case is pretty straightforward as we got married this year. I have applied from India under Category F and application forwarded to Chennai Embassy. I know Chennai embassy timelines are long ...but after waiting 3 weeks I sent an email to UKVI (https://www.gov.uk/contact-ukvi-outside-uk) to know the status. I got a reply from them next day as follows: "Your application not yet assessed by ECO". Then I waited one more week and contacted them again via email. I got a reply on the same day stating: "your application has been delayed whilst further enquiries are being conducted". Then again I waited one more week and sent an email and I got the same reply within minutes - "your application has been delayed whilst further enquiries are being conducted". I was frustrated with automated message and waited only 2 days this time and sent another email on the same week...guess what???...I got a reply next day stating that "your visa application has processed and a decision has been made". Strangely & Surprisingly neither embassy didn't send any email that the "decision has made" nor VFS didn't contact, but courier office phoned my wife today to collect the visa documents. It's completely shame!! But anyway we are over the moon and so much happy after seeing our visa.

Now a days It looks like getting a Guinness world record is easier than getting a UK spouse visa I can see in this forum that so many people are refused and still struggling.. so be Brave...and BE PATIENT. Believe me..they will never ever gonna stop your visa if you can send them CORRECT DOCUMENTATION. APPENDIX FM & APPENDIX FM-SE both are highly important. Rather than blaming case workers later, I strongly suggest you to read APPENDIX FM-SE correctly (https://www.gov.uk/guidance/immigration ... d-evidence) before you apply. It helped me a lot. It is our responsibility to understand the guidelines properly. Don't be negligent even it is a very small document. Don't give them a chance. If you do so, they will always find a way to refuse your application. I would love to help you if anyone have any questions under CAT F. I wish you all very best on your applications!

Thanks.