Query for Spouse Application from India

[dikey2809]

Dear Mentors,
I have received support from this forum with regards to my family immigration.

I need support with my cousins queries:

1. My Cousin is a British Citizen, he got married in 2009 in India and his wife came to UK on a 2 years spouse visa. My Cousin's wife was not able to clear her Life in UK exams so her Spouse visa was extended for 2 years in 2011. In December 2011 My cousin decided to move to India. He went to India getting a PIO card and registered there to stay longer than 180 days. My cousin and his wife were blessed with a son in 2013 in India and he applied for his British Passport in India which his son now has. My cousin then decided to come back to UK again, he was having his British Passport and his son has British Passport so they do not have any problems, just the concerns were regarding his wife as she needs to reapply for spouse visa in India. My cousin came to UK in May 2014. He started working In June 2014, he wants to apply for his wife's spouse visa in India now. My queries are as below:

1. It says that his wife can apply after 6 months of her husband's stay in UK. My cousin tried to enquire and he was informed by some Immigration advisor that his wife can apply for her spouse visa even after 3 months of her husband stay in UK.

2. For the purpose of showing Maintenance, my cousin has a good job and his permanent contract confirms that his annual salary is 21,000. My cousin joined this company in June 2014 so he just got 3 months palyslips now. Will this 3 months payslip with the permanent a job contract considered as maintenance documents for his wife's application or will he need to wait long.

3. My Cousin's wife when she was in UK she did a course in English she has a certificate " ESOL Skills for life Level Sertificate, Speaking and Listening Entry 1". Will this certificate be considered when my cousin's wife apply for her visa or still she has to go for the IELTS exams for her visa.

Thanks,

[maniani]

There is no requirement for living minimum time in UK. His wife can apply for spouse visa anytime but your friend need to show a income of 18,600 before tax and must have working for same employer for 6 months for applying visa.

[Casa]

If is able to show that he was earning the equivalent of £18,600 per annum in India for 6 months prior to arriving back in the UK he can apply immediately. If not, he needs 6 months of employment meeting the £18,600 annual earnings (pro-rata).