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Change To Uk Spouse Visa After Wedding


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#1 meowmeow

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Posted 12 April 2012 - 04:18 PM

Hello!

I'm new here and I've been browsing the threads in preparation for making an application to change from a Tier 4 student visa to a UK spouse visa following my autumn wedding to my fiance. I hate being worried about issues, so we are looking into this ahead of time and would appreciate greatly any advice.

At the moment I am here as a Canadian undertaking doctoral studies by late 2012 (hopefully earlier! yay!). My current student visa extension will end on 31 January 2013. My fiance and I have lived together since August 2008 in the UK. He is a UK national and we have been engaged since November 2011. We would like to make the application following our wedding in Autumn 2012 for which we have already given notice here in the UK.

I have briefed myself with the UKBA's forms for applying for a spouse visa and noted that we are also able to apply for an unmarried partner visa now if we wanted to, but I would prefer to apply for the marriage visa.

My partner is employed full time as director of his own company (since Sept 2010) and has some savings with no loans to be repaid. I am a full time student with occasional paid work (in accordance with my visa's requirements), but I do not have savings and I have overseas student loans.

I would appreciate anyone's advice. We are watching the costs of our wedding carefully to be sure that there is enough money left to support our application.

We are currently in the second property we have rented together with both names on the contract and saving to get on the property ladder as many young people are.

Can anyone think of any thing we should think of or look into?

Many thank you!



#2 Mutly

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Posted 12 April 2012 - 04:54 PM

Maintenance and accommodation The amount for couples without children is 105.95 per week after accommodation and any loan repayments. Savings are taken into account, there are no set levels for savings.

There is no English language requirement for Canadian citizens. You can easily show a genuine relationship. So if the requirements in the link are met, there doesn't seem to be anything to look into. (Although only advisors who see the documents can confim anything for certain.)

Ideally you would still be a student when you get married, so that the terms of that leave to remain are met when you apply to switch, there can be issues otherwise, especially if considering a premium application in person at the PEO.

It is expected that the rules will change this year and become tougher, possibly including an extension from two to five years before applying for ILR. Details are not known, neither are any transitional arrangements. See the thread on the family migration consultation for discussion etc.

You may want to bring forward your plans, or apply now as an unmarried partner because once you switch the period leading to ILR begins. However you need to decide yourself, as details and dates of changes are not known, it's not possible to say anything specific, just something you might want to look at.

#3 meowmeow

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Posted 20 November 2012 - 03:48 PM

Mutly - thank you for the advice a few months ago. I genuinely thought I had thanked you at the time, so apologies for a late thank you!

My husband and I were married last month - it was fantastic. Lots of guests and a genuinely happy day for everyone. Now we are preparing the paperwork for our application to change to a FLR(m) visa for me.

We've noticed that understanding the financial requirements/maintenance information for person's that own their own private limited company is difficult, especially because this isn't the same as being self-employed but for the the UKBA's purposes it is classed as such. We met with an immigration solicitor last week and she said that solicitors and the UKBA staff are in a steep learning curve to understand the July 2012 changes, but was very supportive and thought our application should be successful.

I would be very grateful if anyone can answer the following. I've had a good look in the forum here and found so much helpful advice already, so thanks everyone.

1. In reference to the self-employed financial requirements, where and how should my husband declare his income? As self employed? We find this the best fit (as confirmed by the solicitor). However we cannot provide a piece of evidence as requested by the UKBA in Appendix FM-SE guidance states at 7c
"Proof of registration with HMRC as self-employed. This evidence must be either an original or a certified copy of the registration document issued by HMRC."

My husband was not issued this by HMRC because he is the director of a private limited company (which is different). We do however have all the other information requested, including that from his registered accountant.


2. Because I am a student, I work only a few part time hours (in accordance with my restrictions). Where should I include this income on the visa application?

Thank you.

#4 Victoria

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Posted 20 November 2012 - 04:12 PM

What a shame you didn't apply before July.

The immigration advisor should be able to point you in the right direction. It looks as though you are looking at the wrong requirements.

#5 Mutly

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Posted 20 November 2012 - 04:15 PM

My husband and I were married last month - it was fantastic.


Congratulations! :)

and she said that solicitors and the UKBA staff are in a steep learning curve to understand the July 2012 changes,


As regards income from self-employment, I'm right at the bottom of this curve. I can't add anything beyond the link to the Financial requirement policy in the relevant immigration directorate instructions, there's too much risk that I'd say something which isn't correct.

#6 meowmeow

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Posted 20 November 2012 - 04:20 PM

What a shame you didn't apply before July.

The immigration advisor should be able to point you in the right direction. It looks as though you are looking at the wrong requirements.


Thank you both, Victoria and Mutly.

We needed to wait to apply as we had a badly-needed holiday booked and couldn't send away passports, so it is what it is. :glare: And unmarried applications aren't perfect either.

Victoria, can you tell me what we have gotten wrong or misunderstood? The advice at 7c is for self-employment which is what we thought was appropriate category as my husband is the director of a private limited company. Thank you!

#7 meowmeow

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Posted 20 November 2012 - 04:22 PM

Tried to add: HMRC doesn't send certificates as such to private limited companies as they qualify differently than self-employed persons. I wonder if the HMRC and UKBA have different definition criteria that are clashing and, therefore, confusing. Thank you!

#8 meowmeow

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Posted 20 November 2012 - 04:25 PM

Ooops, think we should be looking at #8 not #7. Gads! This stuff is ridiculously complex.

#9 even. (twas a typo).

#9 meowmeow

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Posted 20 November 2012 - 04:33 PM

2. Because I am a student, I work only a few part time hours (in accordance with my restrictions). Where should I include this income on the visa application?



Thanks again, Victoria, for your above help. I wouldn't have spotted this mistake without your help!

Anyone on #2?

Edited by meowmeow, 20 November 2012 - 04:34 PM.


#10 Victoria

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Posted 20 November 2012 - 04:49 PM

You might want to get professional advice, even if just a document check, before sending off the app. I'd be happy to help.




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