Spouse visa

[Jack606]

Hi, I'm hoping someone can help me and my wife with a Spouse visa query for her for the UK. We are not sure how to complete section 3A, whether Category A or Category B should be applicable. I am the sponsor for my wife, and I earn a salary of 33,700 GBP from this employment. However, it stipulates that for category A, you should have earned the same amount for six months. I had a slight wage increase 3 months ago in line with inflation, so was earning 33,300 GBP prior to that. Are we taking the question too literally, and is category A applicable like I think it is? Category B would seem to be more for sporadic payments of salary, however I have worked for my employer for 4 years (starting on a salary of 28000 gbp) and have seen steady salary increases since, and get paid on time consistently. Can someone please advise if we are right that I would fall under category A, and how to explain this on the form?

My thanks in advance, this is proving very stressful, so any help will be grateful received

[mb7891]

Hi

It would be still Cat A, you state your current salary ( after the rise). I was in the same boat and ticked yes to that question.

The way they will work it out is take the lowest figured salary payment and multiply it by 12 to get your annual wages.

[SimonS]

Hi Jack,

you are category A. Category B is when you are combining income from two different jobs because you have changed employer within the 6 month time frame (Question 3.12). Does not matter about pay rise only that you exceed the weekly threshold every week for 6 months.

Question 3.11 put your current salary in there. Explain in the further information section that you had a pay rise half-way through the six month period. This can also be confirmed in the letter from your employer. They will go off your payslips, bank statements and P60 anyway and average it.

Kind regards
Simon

[Jack606]

Thanks for the answers guys, so just tonconfirm, am I right in thinking then that in question 3.11 I put 33,700, my current salary, and then in question 3.12 "Has your sponsor been in the current job, and earning the amount as detailed in 3.11, continously for six months" I answer Yes to that question,? in spite of my pay rise from 33,300 after 3 months of the six months.

Simon, you also mentioned my P60, what if the employer hasn't provided this year's P60 yet, I have my P60 for financial year 15/16 but not 16/17, can I submit last year's as my most recent?

Also, my wife has been in the UK on her tier 2 general work visa for some years. However her job ended in March and so we are expecting a curtailment letter, but as yet we have not received this.

My wife is currently back in the Philippines and so the other question we had is does she have to wait for clarity on her tier 2 visa status before she can travel back to the UK? If she has not had the curtailment letter yet is it still effectively active which would allow her to travel back to the UK on it? Or is she now best applying for a Spouse visa in the Philippines, and if this is the case, does she have to wait for curtailment of her tier 2 visa first, or can we apply straight away?

Does anyone also know or can recommend any immigration lawyers (and what sort of fees we might expect) for help in completing our spouse visa application. We have so many questions and are so confused about what to do next, total nightmare!

Thanks for the support guys, it's so appreciated!

Jack

[Obie]

It will be Cat A fixed wages, the lowest gross earnings in the last 6 months will be multiplied by 6 to get your total. Based on the information you have provided, it appears you will still succeed.

A senior judge at a hearing, has said there is no justifiable reason for the Home Office to rely on the lowest amount in the 6 months and then multiply it by 6. But that they should take the aggregate earning, which is more real, than the artificial approach.

[Jack606]

Hi, was anyone able to advise regarding my questions in the second post all at please?

Thanks so much
Tony

[Obie]

She is permitted to switch within the UK or outside the UK. Therefore you don't need to wait for the curtailment in order to apply.

She is also free to switch from within the UK, until such time as she is notified of her curtailment.

[Jack606]

Thanks Obie,

We had one other question if I may, how did people going down the cat A route answer question 3.22, which is a yes or no answer only and doesn't give you an option to skip it. It reads: If your sponsor has not been employed by the same employer for six months prior to the application does their total income from salaried employment received in the 12 months prior to the application meet or exceed the financial requirement you must meet?". What an awful question! If you have only had one job in this time frame as I have, it's not clear whether a yes or no is correct here.Do you put "yes" as I meet the financial requirements, or as I had one job not two, select no? The guidance notes are little help. Any advice guys?

Thanks so much
Tony

[mb7891]

Hi

Yes that question baffled me as there is no skipping comment above it , for our application I just ticked yes mainly because my income was still above the minimum requirement

[Jack606]

Hi guys, also, was anyone able to advise if my wife is able to travel back to the UK on her existing T2 visa if there has been no curtailment issued yet? She was made redundant at the end of March, UKVI were notified however there has been no curtailment issued yet. We travelled to the Philippines on May 25th to visit her family, I have since returned for work but my wife is still with family. We are considering whether it is worth applying for her spouse visa from the PH or whether she is able to return to the UK on her T2 visa given no curtailment yet. Does anyone have any advice on this area at all please?

Many thanks!

[Jack606]

Thanks for the clarity Mb, that's most helpful - we will do the same I think

[Obie]

Hi guys, also, was anyone able to advise if my wife is able to travel back to the UK on her existing T2 visa if there has been no curtailment issued yet? She was made redundant at the end of March, UKVI were notified however there has been no curtailment issued yet. We travelled to the Philippines on May 25th to visit her family, I have since returned for work but my wife is still with family. We are considering whether it is worth applying for her spouse visa from the PH or whether she is able to return to the UK on her T2 visa given no curtailment yet. Does anyone have any advice on this area at all please?

Many thanks!

They may not have curtailed it yet, but this could be done at port, if she has ceased to qualify under the Tier 2 provision.

[Jack606]

Hi, just a few more questions if I may.

With the supporting documents, would anyone suggest it's a good idea for me to enclose a copy of my birth certificate (as the British born sponsor) or is a copy of my passport enough?

Also, we are not clear whether we have to send the original wedding certificate in, or if my wife would simply take the original to her interview, and so we only send a copy in with the support docs.

Any thoughts guys?

[CR001]

With the supporting documents, would anyone suggest it's a good idea for me to enclose a copy of my birth certificate (as the British born sponsor) or is a copy of my passport enough?

Birth certificate is not needed. Passport is enough.

Also, we are not clear whether we have to send the original wedding certificate in, or if my wife would simply take the original to her interview, and so we only send a copy in with the support docs.

All supporting documents (except your passport) must be original.

[Obie]

Only if your were born before the 01-January -1983 and do not have a passport , will your birth certificate be useful and act as proof of nationality.

[Jack606]

That's great, thanks so much guys!