Spouse VISA

[akychaky]

Hi,

We got married in 2011 in India (I am British citizen) and she was staying in the UK from March 2012 to May 2015 (she was eligible for PR at that point) but for some family issues she had to leave the country for that reason I had to apply for fresh VISA which was valid from May 2015 to June 2017.

In FEB 2016 we both decided to get separate and hence I informed UKBA home office of change in marriage status through a solicitor and her visa was immediately canceled.

From 2016 we both are in India and had lot of marriage counseling sessions and from October 2016 we decided to stay together. Now we are planning to go back to the UK.

I got few questions any suggestions will be appreciated.
1)What VISA application I need to make so she can travel with me back to UK on dependent VISA.
2) First question is as she was eligible for ILR in 2015 can I apply for ILR on that basis ?
3) If i make a fresh VISA application still she has to spend 5 years before she can apply for ILR.

Thanks for your time, waiting for some valid and helpful reply

Cheers,
A

[Wanderer]

Start from scratch again I'm afraid - five year route...

[CR001]

1)What VISA application I need to make so she can travel with me back to UK on dependent VISA.

Spouse settlement visa on form VAF4A and Appendix FM.

2) First question is as she was eligible for ILR in 2015 can I apply for ILR on that basis ?

No, she will now have to start from scratch again with 5 years residence before she will qualify for ILR (2 x 2.5 year visas)

3) If i make a fresh VISA application still she has to spend 5 years before she can apply for ILR.

Yes, she starts again from scratch. You can probably expect a lot of scrutiny for her visa due to you informing HO about the relationship breakdown.

You also have to meet all the financial requirements and she needs English A1.

[akychaky]

Thanks for your reply.

Can I apply on humanity grounds that we have already spend 5 years together and apply for ILR.

[CR001]

No you cannot. It doesn't work like that unfortunately.

She needs a spouse visa and has to start a 5 year residence period in the UK before she can get ILR.

[vinny]

In FEB 2016 we both decided to get separate and hence I informed UKBA home office of change in marriage status through a solicitor and her visa was immediately canceled.

When they cancelled her visa, they broke her continuous leave. Hence, she has to start her 5-years qualifying period for ILR all over again.

[akychaky]

hi,

Thanks for all information, one last query as I am also based in India from 2016, we don't have UK Income .

So in that case what should I show as salary when I apply for her VISA ?

Cheers,
A

[CR001]

If you have income in India that meets the financial requirement, you can use that AND evidence that you have a job offer to start within 3 months of arriving in the UK.

You can use savings of minimum £62,500 and it must have been held for 6 months in an accessible bank account.

Or, you come before your wife, get a job, work for 6 months earning the requirement amount to meet the financial requirement and then apply for your spouse to join you.

[akychaky]

Thanks for your message.

I don't have 62k in my account but I can show around 20k in my account and wife has around 10k also we have got our own house in London .

while I am in India I am doing freelancing and don't have kind of any job.

Cheers,
A

[CR001]

Your savi gs are not enough. Looks like ypu will have to come back and find a job then work for 6 months first.