Spouse visa - Accomodation living with parents

[Divu]

Hi friends.

I have been living in the UK since 2010. My stay started with a student visa, PSW, Tier 2 and I am currently in my Tier 2 extension. I got married to a UK citizen just now.

Ideally, I want to apply for ILR with 10-year route by 2020 Jan. I want to apply for the spouse visa now(for job freedom) and would like to know if it counts towards the 10-year route? Some say it re-ticks the clock. I am not sure where this information is quoted? I am confused.

PS: Let's say if I do stay in this visa instead of switching to Spouse I will be short of 3 months for 10 years route!! So don’t have many options.

Please help!

[CR001]

A FLR(M) spouse visa ONLY resets the clock for ILR based on 5 years residence.

For Long Residence ILR, ALL visas count.

[Divu]

So I am good to go! Thank You so much for your response!

Kind Regards
Divya

[Divu]

Sorry! One last thing.

I was wondering, considering I will need to pay for the spouse visa now and by Jan 2020 I will be paying the huge extortionate amount for ILR (god knows how much it would have increased by then): Is this the best way to get around my situation?

[CR001]

If you want to have the flexibility of any employer, then yes this is the only way you can do.

Alternatively, stick to your current visa and extend if possible.

The current ILR fee is £2,389 for postal and £2,999 for premium service in person.

Remember too that for FLR(M), you also have to pay the £500 IHS fee.

[Divu]

Thank you for your swift response!!!

I am aware I have to pay NHS fee too
I read someone say that I can partly get this money back after ILR, but not sure how true it is. Doesn’t matter really in the grand scheme of things!! But its absolutely ridiculous how much we had to pay though!!

I just got hold of the guidance notes which states:
“Form FLR(M) must be used if you are applying for leave to remain in one of the following categories:
 Family life as the partner of a person present and settled in the UK (2-year route)
 Family life as the partner or a person present and settled in the UK (5-year route)
 Family life as the partner or a person in the UK with refugee leave or humanitarian protection (5-year route)”

What and why this 2-year route?? Assume I could apply for 2 years if I am going to apply for ILR in 2020 or no? I wasn't aware of this until now!

[CR001]

I am aware I have to pay NHS fee too
I read someone say that I can partly get this money back after ILR, but not sure how true it is. Doesn’t matter really in the grand scheme of things!! But its absolutely ridiculous how much we had to pay though!!

You can try, no guarantee of success and no one that I can recall has had success. The IHS website states.

https://www.gov.uk/healthcare-immigrati ... on/refunds

You won’t get a refund if:

your visa application is successful but you don’t come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS

I just got hold of the guidance notes which states:
“Form FLR(M) must be used if you are applying for leave to remain in one of the following categories:
 Family life as the partner of a person present and settled in the UK (2-year route)
 Family life as the partner or a person present and settled in the UK (5-year route)
 Family life as the partner or a person in the UK with refugee leave or humanitarian protection (5-year route)”

What and why this 2-year route?? Assume I could apply for 2 years if I am going to apply for ILR in 2020 or no? I wasn't aware of this until now!

There is no longer a 2 year route. This was only applicable to spouse visa applications made before 9th July 2012, when the mandatory residence changed from 2 years to 5 years.

You will get a 2.5 year visa if you switch to FLR(M).

[Divu]

Ah perfect!!! Thanks a ton for all your helpful responses.

[Divu]

I am sorry, just in the process of collecting documents, I got stuck with a small question.

https://assets.publishing.service.gov.u ... _final.pdf

As per page 9, point d “d) You must meet the financial requirement” it says I can meet the financial requirement through a number of ways. I assume I don’t need to show my husband’s employment or income if I am under tier 2. Its mainly because he has just handed his notice in his current job and will have a month’s gap until he takes up the new job. I would have hoped he doesn’t really need to show any financial requirements from his side. I would have been clear if they said: “choose from one of these options”. Just want to be 100% confirmed if I am going in the right direction of changing my tier 2.

Please help! Thanks again!

[CR001]

He/you need to provide evidence (6 months minimum) of meeting the financial requirement, either your income or his income.

It really would have been prudent to wait till he has his FLR(M) spouse visa in hand before resigning from his sponsored job in case it is delay or refused for whatever reason.

[Divu]

For some reason, I assumed it should have been fine to show just my financial requirements And he is a citizen too. Partly my fault.

Thanks to you because I wasn’t aware of the 6 months evidences. I read through this whole document where it mentions under category A “Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. ”. The amount mentioned is £18,700 and well above this.


https://assets.publishing.service.gov.u ... _Final.pdf

So I am really hoping and praying I should be fine…
Fingers crossed.

Thanks again!!!

[Divu]

The only problem I think would be accommodation as I live in 2 addresses which are both our parent’s houses. We work in 2 different cities. I stay at mine for 3 days for work commute and return to his for 4 days including weekends. Although this is going to change soon as I am going to go into remote working for most of the days, do you think it is necessary I need to change my address to his? I am not sure if we need to show any evidence? It is not really clear on this document as it only mentions about settlements.

https://assets.publishing.service.gov.u ... x_1_7A.pdf

Ghosh the number of documents that are linked to one! I feel I have definitely missed out on something too evident!

[Divu]

Hello again!

Apologies for the annoying repeated questions! Trying my best to understand everything on my own, but not able to get over few concerns

Just been going through the application form and realised, they have a table to fill in my husband’s employment and also have a specific question of “Does your sponsor currently work in the UK”?

I don’t know if leaving all these spaces with “nill” and “no” answers will have any issues with my application? (he quit his job this June and currently applying for new jobs) I can always tell them that he has been working until the end of June!

Is anyone else in my state? Just a bit concerned! Thanks a ton in advance!!

PS: Am I in the wrong thread? I think I have wandered off with my questions so sorry!

[CR001]

Which application form are you referring to and which question or section number???

[Divu]

Whoops!!! Sorry.

https://assets.publishing.service.gov.u ... -04-18.pdf

7.3A Income from salaried employment Page 28 of 79

And

Section 7B - Maintenance Page 36 of 79

“ Is your sponsor working in the UK? Yes No If yes, what is their pay each month after income tax and other deductions? “

[CR001]

7B is not relevant.

You need to complete your spouses income details if any.

FLR(M) you must meet the financial requirement of £18,600pa so if he is not working, how will you meet this requirement?? What is your income??

[Divu]

Thank You!

I am in 25k per annum so hope it should be fine? I have also got savings but it's not £16,000 as per their requirement.

[CR001]

Your income is fine.

I will move this topic to the Immigration for Family sub forum as no longer relevant in the ILR sub forum.

[Divu]

Sorry! and Thanks!

[Divu]

Hello!

I am applying for my spouse visa and I am currently under Tier 2. I am doing this switch to gain job freedom as I am not happy with my current job. Also in order to qualify for 10-year settlement route, I will be short by few months if I continue to stay in Tier 2. I need to do this either way!

I recently got married to my husband who is a British citizen. He quit his job this month and is currently applying for new jobs and is likely to land on something either realistically in a month or 2.

I have a few questions about my application, I hope you could help!

- I earn above the required salary threshold and I am applying solely with my own salary for financial requirements. I am not using my husband’s. Is anyone else in my situation? I hope it is not an issue.

- I live in 2 addresses which are both our parent’s houses. We work in 2 different cities. I stay at mine for 3 days for easy work commute and return to his for 4 days including weekends. Although this is going to change soon as I am going to go into remote working for most of the days, do you think it is necessary I need to change my address to his? I am not sure if we need to show any evidence like bills etc? It is not really clear on this document as it only mentions about settlements. 

- I am showing my husband’s house documents for accommodation as we have our own room and everything.

Am I missing anything here? It is all a bit blurry and I am not sure if I am doing it all correct. Amidst all this stress out of my current job, I don't want to commit any mistakes and throw my current visa situation under the bus!
Really appreciate your help!

[CR001]

Topics Merged!!

announcements/multiple-posts-will-be-lo ... t5722.html

[Divu]

Hello!

I am applying for my spouse visa and I am currently under Tier 2. I am doing this switch to gain job freedom as I am not happy with my current job. Also in order to qualify for 10-year settlement route, I will be short by few months if I continue to stay in Tier 2. I need to do this either way!

I recently got married to my husband who is a British citizen. He quit his job this month and is currently applying for new jobs and is likely to land on something either realistically in a month or 2.

I have a few questions about my application, I hope you could help!

- I earn above the required salary threshold and I am applying solely with my own salary for financial requirements. I am not using my husband’s. Is anyone else in my situation? I hope it is not an issue.

- I live in 2 addresses which are both our parent’s houses. We work in 2 different cities. I stay at mine for 3 days for easy work commute and return to his for 4 days including weekends. Although this is going to change soon as I am going to go into remote working for most of the days, do you think it is necessary I need to change my address to his? I am not sure if we need to show any evidence like bills etc? It is not really clear on this document as it only mentions about settlements. 

- I am showing my husband’s house documents for accommodation as we have our own room and everything.

Am I missing anything here? It is all a bit blurry and I am not sure if I am doing it all correct. Amidst all this stress out of my current job, I don't want to commit any mistakes and throw my current visa situation under the bus!
Really appreciate your help!

Hello!

Does anyone have any guidance for the above? Will be really grateful if I can get some thoughts

I was wondering if its high time I start changing my address in Bank documents etc, so I can show it as a part of my correspondence. I do have 2 correspondences from home office when they sent our wedding notice information which was addressed to both of us to both the addresses.

Thanks in advance.

[CR001]

- I earn above the required salary threshold and I am applying solely with my own salary for financial requirements. I am not using my husband’s. Is anyone else in my situation? I hope it is not an issue.

Fine to use your income only.

- I live in 2 addresses which are both our parent’s houses. We work in 2 different cities. I stay at mine for 3 days for easy work commute and return to his for 4 days including weekends. Although this is going to change soon as I am going to go into remote working for most of the days, do you think it is necessary I need to change my address to his? I am not sure if we need to show any evidence like bills etc? It is not really clear on this document as it only mentions about settlements.

There is no requirement to prove cohabitation if switching to FLR(M) after a recent marriage to a British citizen.

- I am showing my husband’s house documents for accommodation as we have our own room and everything.

Fine.

[Divu]

Hi CR001,

You are a star! Thank you for your response!

Any idea what happens to my Tier 2 when this is under the process? Will not be revoked as soon as my spouse visa activates? My tier 2 is still valid until Aug 2019 so was wondering what to do!

Or in case of spouse visa refusal, will my Tier 2 still exist?

Thanks

[CR001]

Your tier 2 visa will be cancelled automatically by HO once your spouse visa is issued as you cannot hold two UK visas simultaneously.

If spouse visa is refused, it has no effect on your tier 2 visa validity provided you are still with your sponsor etc.