Spouse Visa

[Neeky]

I am currently in the UK because of my dad who is a British Citizen. Application wasnt straight forward, had an appeal and granted on the basis of family and private life. However, this visa expires April 30th 2019. I got married April this year and will now switch to a spouse visa but I have a few queries.

1- Is the earliest I can apply April 2nd 2019 which is 28 days before current visa expires?

2- If I apply in April, there is a chance one or two of my payslips will have a different hourly rate due to pay increase April every year and I get paid weekly. Will pay increase have an effect? Or should I just apply before April 5th(This is a friday and I get paid every friday) but husbands payslip wont be ready until the 9th or 10th as he gets paid monthly and then I would have to add my payslip for that week?

3- Myself as the applicant wont make the financial requirement alone so will be adding my husbands income too..
ME
-£8.60 an hour and contracted 30 hours a week but if I'm late etc or ill, this wont be the case. I also often get more than this . I have to clock in and out of work. Is this salaried or non-salaried ?
HUSBAND
-£8.20 an hour generally and gets paid more when working in a particular store(£9.50) ... He is a security officer . However , his contract confuses me. Its flexible. It states he will be guarnteed a minimum of 5 hours a week or 20 hours 4 weekly. But he always gets more. Way more. Will Home Office scruntise that the contract states that and assume it will not always be guaranteed? Also, is his job salaied or non-salaried? and how will they work this out with different pay?

4- Tenancy agreement only have my name on it , as husband was not working at time we moved in so I was planning to find somewhere else so both or names are on it but does this matter? Council tax,water and joint account are in both names and landlord knows we live together

5- Can salaried and non-salaried income be combined ?

6- Husband has not been working for a year I believe . He started working December 2017 till about end of January and had to stop as SIA License application wasnt straight forward. Appealed and got license back and resumed working May 2018 for same employer . Employer contacted him straight away so i guess he was still employed by them but had to get license back. I am however worried if i will have to use Category B as he wont have 12 payslips

7- Marriage certificate has a '-' next to his name and if employer gives letter and start date, will this be an issue? We just said he wasnt employed as we got married before he started working again but as I mentioned, its like he was still employed but employee was waiting on decision of license

8- How important is a P60? I might get this in May but have to apply April so basically wont have one

sorry for the long post but any help would be very much appreciated. Thank you

[seagul]

I am currently in the UK because of my dad who is a British Citizen. Application wasnt straight forward, had an appeal and granted on the basis of family and private life. However, this visa expires April 30th 2019. I got married April this year and will now switch to a spouse visa but I have a few queries.

1- Is the earliest I can apply April 2nd 2019 which is 28 days before current visa expires?

I think 28 days will be from 3rd April 2019

2- If I apply in April, there is a chance one or two of my payslips will have a different hourly rate due to pay increase April every year and I get paid weekly. Will pay increase have an effect? Or should I just apply before April 5th(This is a friday and I get paid every friday) but husbands payslip wont be ready until the 9th or 10th as he gets paid monthly and then I would have to add my payslip for that week?

Pay rise wont cause any issue as long as employer confirm in employer letter. Remember that documents shouldn't be 28 days older from date of application and also shouldn't be post dated of application submission date. If you both combining then you will have to convert your weekly wages in to monthly.

3- Myself as the applicant wont make the financial requirement alone so will be adding my husbands income too..
ME
-£8.60 an hour and contracted 30 hours a week but if I'm late etc or ill, this wont be the case. I also often get more than this . I have to clock in and out of work. Is this salaried or non-salaried ?
HUSBAND
-£8.20 an hour generally and gets paid more when working in a particular store(£9.50) ... He is a security officer . However , his contract confuses me. Its flexible. It states he will be guarnteed a minimum of 5 hours a week or 20 hours 4 weekly. But he always gets more. Way more. Will Home Office scruntise that the contract states that and assume it will not always be guaranteed? Also, is his job salaied or non-salaried? and how will they work this out with different pay?

If the gross wages vary then it will be non-salaried. HO don't care about the shift or hours pattern rather only concern about the gross wages whether it meets requirement or not.

4- Tenancy agreement only have my name on it , as husband was not working at time we moved in so I was planning to find somewhere else so both or names are on it but does this matter? Council tax,water and joint account are in both names and landlord knows we live together

Initial spouse visa application doesn't require any proof of cohabitation from past.

5- Can salaried and non-salaried income be combined ?

yes

6- Husband has not been working for a year I believe . He started working December 2017 till about end of January and had to stop as SIA License application wasnt straight forward. Appealed and got license back and resumed working May 2018 for same employer . Employer contacted him straight away so i guess he was still employed by them but had to get license back. I am however worried if i will have to use Category B as he wont have 12 payslips

If he started working from May 2018 and as you are planning to apply in April 2019 then he just need last 6 months of payslips if he will continue to work for same employer.

7- Marriage certificate has a '-' next to his name and if employer gives letter and start date, will this be an issue? We just said he wasnt employed as we got married before he started working again but as I mentioned, its like he was still employed but employee was waiting on decision of license

Employer should truly mention his start/stop/resume of duty dates. There shouldn't be any issue if the last 6 months payslips and corresponding bank statements will be attached.

8- How important is a P60? I might get this in May but have to apply April so basically wont have one

NO. P60 is not important if other relevant financial documents are attached.

sorry for the long post but any help would be very much appreciated. Thank you

[Neeky]

Hello Seagul.thank you so much for your reply. How did you get the 3rd if you don’t mind me asking. 28 days before the 30th. Now I feel like I was wrong too and it’s possible the 1st as it has to be ‘before’ the 30th lol. I’m probably just over thinking

Also , in regards to the tenancy agreement , I was planning to use this for the accommodation part of the application and as proof we are in a real relationship and living together

Also , since my husbands job is soooo flexible , how would his employer be able to state what his annual income would be ? It’s that flexible that if he wants more work , all he has to do is go on his portal and choose extra work

In regards to the employment bit, they probably saw it as him not stopping but just on suspension as they wait for his sia appeal license so maybe we messed up by saying to registry office that he is unemployed

[Neeky]

Also , what if my husband decides to Infact chance jobs but quickly go in to another so he’s in that new role for 6 months or more, do we still only need 6 months payslips and bank statements?

Should combined income be £9300 for the 6 months rather than making £18,600 in the 6 months ?

And my pay might be the same some week if I should do dead on my contracted hours but as I said , this might happen then another week I get more

[Neeky]

Advice anyone?!?

[Casa]

When you switch to a FLR(M) Spouse visa your immigration clock will re-set to zero, putting you on a new 5 year path to settlement (ILR).

[Neeky]

Hello everyone, hope all is well. Just a query. I might not have to go down the Category B route as my husband wants to change jobs and if this is not done straight away, he wont be with employer for 6 months or more. We are planning to combine income together. The question is, he gets paid monthly and I plan to apply in maybe March next year but he only resumed working May this year . This therefore means he will only have 10 payslips not 12. Is this an issue even if we meet step 1 and 2 of Category B ?

[Neeky]

Desperately in need of help please and thanks in advance. I was planning to apply for my first spouse visa in November. My passport should be in my possession the 3rd week of November the latest as I’ve sent it off to get name updated... Soo. I get paid weekly . Every Friday and my husband gets paid around the 9th /10th of each month . My bank statements usually end on the Monday of the last week of each month and then gets sent out to me. My husband started working May 1st hence why we will apply in November so we can have 6 months payslips and was given his first payslip in June. Do I start bank statements as follow : May -June , June-July , July -August , August- September etc or do I start from the June-July statement ? If I state from June to July I will need payslip for December. By this time his November payslip will be gone over the 28days rule and when do I start counting my weekly payslips from to match the same months as him?

[Neeky]

I get paid weekly(every Friday) and my husband monthly(for work done previous month). November will make 6 months since my husband is employed by that employer and he will receive payslip on November 9th. So we are using June-November . Would I have to wait until I get all 4 payslips for November and do I have to wait until December when I get my November bank statement before I can apply ? Or can I just change my bank statement to weekly just before November and use only 2 weeks bank statement from November ? Thanks in advance

[vinny]

See also Appendix FM, FM-SE. You may switch as soon as you have the SE.

[seagul]

I get paid weekly(every Friday) and my husband monthly(for work done previous month). November will make 6 months since my husband is employed by that employer and he will receive payslip on November 9th. So we are using June-November . Would I have to wait until I get all 4 payslips for November and do I have to wait until December when I get my November bank statement before I can apply ? Or can I just change my bank statement to weekly just before November and use only 2 weeks bank statement from November ? Thanks in advance

Preferably if either of you earning sufficiently then his/her income alone should be used otherwise the income can be combined either under category A or category B. There is no bank who issues weekly bank statements rather bank usually can gives last 3 months of officially stamped bank statements inside the branch which you can request too.

[Neeky]

I get paid weekly(every Friday) and my husband monthly(for work done previous month). November will make 6 months since my husband is employed by that employer and he will receive payslip on November 9th. So we are using June-November . Would I have to wait until I get all 4 payslips for November and do I have to wait until December when I get my November bank statement before I can apply ? Or can I just change my bank statement to weekly just before November and use only 2 weeks bank statement from November ? Thanks in advance

Preferably if either of you earning sufficiently then his/her income alone should be used otherwise the income can be combined either under category A or category B. There is no bank who issues weekly bank statements rather bank usually can gives last 3 months of officially stamped bank statements inside the branch which you can request too.

Thank you but I am with Barclays and they do issue weekly bank statements. I use to have it before and got annoyed with the statements being all over the place so changed it to monthly

[Neeky]

And no. We don’t earn enough individually and this is why we are combining incomes

[Neeky]

1. Sorry for yet another question . I do not get payslips posted to me. I get the emailed as well as they are on the portal that I can login to and either select a normal payslip or a pdf statement which is on A4 paper and will come out with the company heading. Can this be considered as original ? Seems like I will have issue to send 26 payslips to employer to sign, stamp and date( not sure if they need to be dated by employer) .


2. I don’t know where the contact is that I first got back in 2015 but I have another from last year as I got promoted. However , this has something spilled on it. Should I still send it aswell as get my employer to copy their copy for me? And will this copy need to be signed and stamped and dated?

Thanks in advance

[Neeky]

Any advice please ?

[dillonuw]

My employer does not issue signed paystubs and also uses an online portal\direct deposit for sending them. I printed mine out on standard letter paper and attached them and UKVI had no issue with that. As long as they are not altered in any way then they should count as originals.

One clause in the fiancé\civil partnership route is that your employer(s) must mention in their proof-of-employment letter that any payslips attached are genuine. If possible, have whichever person is writing your employment letter put that in there and then sign it.

[Londoner007]

1. Yes
2. Contract not strictly required. But your employer should have a copy of it ask them to provide you with one

[Neeky]

1.Thanks for your reply. One more question. I get paid weekly and my husband gets paid monthly. We are combing income as we do not make enough individually. I will attach payslips from June(for work done in May) , July , August, September , October , November for my husband who gets paid around the 9th/10th of each month. I was wondering if my weekly payslips will have to start from June aswell since his start June or can I start it from May? I was more thinking of May 25th-November 16th(26weeks) .

2. Do you know if bank statement has to be a full month worth? What if I walk in branch and just get the first few weeks of November that will show me getting paid 3 times for that month ?Thanks

[seagul]

1.Thanks for your reply. One more question. I get paid weekly and my husband gets paid monthly. We are combing income as we do not make enough individually. I will attach payslips from June(for work done in May) , July , August, September , October , November for my husband who gets paid around the 9th/10th of each month. I was wondering if my weekly payslips will have to start from June aswell since his start June or can I start it from May? I was more thinking of May 25th-November 16th(26weeks) .

2. Do you know if bank statement has to be a full month worth? What if I walk in branch and just get the first few weeks of November that will show me getting paid 3 times for that month ?Thanks

1. To keep the application straight where you both are combining incomes the payslips must be from almost same dates under category A/B.

2. Bank statements must cover 6 months for Category A or 12 months for Category B. Yes to show the latest wages credit the branch issued stamped statement can be used.

[Neeky]

Do they care about length of bank statement or they just want to see the 6months worth of wages credited ? As if I wait till early December to get my November bank statement( comes out the very end of November) , my husbands payslip will pass the 28days mark so I was planning to go in branch maybe on Monday 19th after getting payslip on Friday November 16th. So this will be from around October 26th- November 19th so not full month . I just wanted to use payslips from May it’s because I want to be able to get 26 quicker so I can apply before December ( solicotor said health surcharge going up to £1000 in December ) and if I send my payslips off to get them signed and dated and send back to me , this could take a while

[Londoner007]

They wanted to see 6 months of payslips were deposited. You can go to branch and get it printed out with whatever dates you want to cover.

Make sure each page is stamped.

[Neeky]

Thank you everyone. I’m in non salaried employment . Does my employer have to write my gross annual salary in letter ? How will they calculate this if it’s not salaried employment ?

[seagul]

Thank you everyone. I’m in non salaried employment . Does my employer have to write my gross annual salary in letter ? How will they calculate this if it’s not salaried employment ?

by taking the average of last 6 months to get the annual income.

[Neeky]

Thanks. I was assuming employer would try to work this out by using contracted hours to see how much the employee would get in a year ? Do you think employer works it out same way as home office by using last 6 months or do I need to tell employer to work it out this way?

[Neeky]

And when I said how would they calculate it I was taking about the employer. Not home office. Sorry. I should’ve made that clear because I already knew how home office calculates it but don’t know how the employer would