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Spouse visa (switch from Tier 4 to spouse visa)

Post by ADAM2018h » Mon Nov 05, 2018 1:07 pm

Hi experts/advisers,
Thanks a lot for your support

Switch from Tier 4 to to Spouse visa

I am a PhD student in UK holding a Tier 4 visa until 2021. 7 months ago I got married, my wife is a British citizen.
I am planning to switch my visa to Spouse visa using my savings, as my wife is not working at the moment.
My question is:
1- How much is the amount of saving that we need to switch my visa.
2- is it possible to apply using (an applicant account) a bank statement from my own account (not the wife), or it must be her bank account as she is the British citizen.

regards

Many thanks

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Re: Spouse visa (switch from Tier 4 to spouse visa)

Post by Casa » Mon Nov 05, 2018 1:42 pm

ADAM2018h wrote:
Mon Nov 05, 2018 1:07 pm
Hi experts/advisers,
Thanks a lot for your support

Switch from Tier 4 to to Spouse visa

I am a PhD student in UK holding a Tier 4 visa until 2021. 7 months ago I got married, my wife is a British citizen.
I am planning to switch my visa to Spouse visa using my savings, as my wife is not working at the moment.
My question is:
1- How much is the amount of saving that we need to switch my visa. If you are relying on savings alone, you will need £62,500 which has been held in an accessible account for a minimum of 6 months. You will also have to show the source of the savings.
2- is it possible to apply using (an applicant account) a bank statement from my own account (not the wife), or it must be her bank account as she is the British citizen. Savings can be in your account alone.

regards

Many thanks
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Spouse visa (switch from Tier 4 to spouse visa)

Post by ADAM2018h » Mon Nov 05, 2018 4:08 pm

Thanks a lot

The latest migration rules on 05/11/2018 states the following : could you please clarify their need as I have not understood the saving amount needed. also the 62,000 is not mentioned here.

The link is below
https://www.gov.uk/guidance/immigration ... ly-members


--------- Financial requirements -----

E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or
(c) the requirements in paragraph E-ECP.3.3. being met. In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen or settled in the UK; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (EEA) Regulations 2006.
E-ECP.3.2. When determining whether the financial requirement in paragraph E-ECP. 3.1. is met only the following sources will be taken into account-

(a) income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
(b) specified pension income of the applicant and partner;
(c) any specified maternity allowance or bereavement benefit received by the partner in the UK or any specified payment relating to service in HM Forces received by the applicant or partner;
(d) other specified income of the applicant and partner; and
(e) specified savings of the applicant and partner.
E-ECP.3.3. The requirements to be met under this paragraph are-

(a) the applicant’s partner must be receiving one or more of the following -
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer’s allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension; and
(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.
E-ECP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.

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Re: Spouse visa (switch from Tier 4 to spouse visa)

Post by Casa » Mon Nov 05, 2018 5:36 pm

The first £16,000 in savings is disregarded: The calculation is £16,000 + £18.600 x 2.5 (years) = £62.500

£16,000 + £46,500 = £62,500

7.2.4. Page 47/48 The first line of the table applies if you are qualifying with savings alone.

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

You will also have to pay the NHS Surcharge which is currently £500, but is expected to be increased to £1,000 later this year.

Your immigration clock will be re-set to zero, putting you on a new 5 year path to settlement (ILR).
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Re: Spouse visa (switch from Tier 4 to spouse visa)

Post by ADAM2018h » Tue Nov 06, 2018 12:53 pm

Thanks a lot Casa

I really appreciate your advice and support,

Because My wife (British citizen) is not working at the moment and the saving amount of 62,500 is too much for me, can you advise me with the following enquiry please:

As I am a sponsored PhD student, receiving a monthly grant of 1640£ from my sponsor (my local government, Libyan Government) through out my study which will end in 03/2021. is it possible to apply using it as a prove of income, or it will be rejected because might be considered as a temporary income

best regards
Thank you

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Re: Spouse visa (switch from Tier 4 to spouse visa)

Post by ADAM2018h » Tue Nov 06, 2018 6:18 pm

Thanks a lot Casa

I really appreciate your advice and support,

Because My wife (British citizen) is not working at the moment and the saving amount of 62,500 is too much for me, can you advise me with the following enquiry please:

As I am a sponsored PhD student, receiving a monthly grant of 1640£ from my sponsor (my local government, Libyan Government) through out my study which will end in 03/2021. is it possible to apply using it as a prove of income, or it will be rejected because might be considered as a temporary income

best regards
Thank you

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spouse visa

Post by ADAM2018h » Fri Nov 09, 2018 6:38 pm

Hi experts/advisers,

Looking for advise to switch my Tier4 visa to Spouse visa.

My wife is a British citizen, is not working at the moment.
I am a sponsored PhD student, receiving a monthly grant of 1640£, (19680£/year) from my sponsor (my local government, Egyptian Government) through out my study which will end in 03/2021.

is it possible to apply using my grant as a prove of income, or it will be rejected because might be considered as a temporary income related to my study.

Thanks a lot for your support


best regards
Thank you

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Financial requirement of spouse visa

Post by ADAM2018h » Sun Nov 11, 2018 1:04 pm

Hi experts/advisers,

Looking for advise to switch my Tier4 visa to Spouse visa.

My wife is a British citizen, is not working at the moment.
I am a sponsored PhD student, receiving a monthly grant of 1640£, (19680£/year) from my sponsor (my local government) through out my study which will end in 03/2021.

is it possible to apply using my grant as a prove of income, or it will be rejected because might be considered as a temporary income related to my study.

Thanks a lot for your support


best regards
Thank you

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Re: Financial requirement of spouse visa

Post by CR001 » Sun Nov 11, 2018 1:59 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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IHS re-use from Tier 4 to spouse visa ?

Post by ADAM2018h » Sun Apr 28, 2019 1:26 pm

Hi everyone
I am going to change my visa from Tier4 to Spouse visa, My question is Can I use my previous IHS refrence number, as in February 2017 I paid for 5 years, 150£ each year until February 2022 for my current visa to study PhD in UK.
Now I am willing to change my visa to spouse visa as my wife is a British citizen and we are expecting our first baby in mid of June, while I will apply on first of June.

As we know that The spouse visa will be given only for 2.5 years, while I still have 2 years and 8 months still on my current visa (TIER4)

Can I use the same IHS reference number OR can I pay only the different between them because the cost of Tier 4 and Spouse visa is different.
if not possible to use the previous IHS reference number, can I get refunded after I change my visa.

Many thanks

Adam

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Re: IHS re-use from Tier 4 to spouse visa ?

Post by Casa » Sun Apr 28, 2019 2:11 pm

You will have to pay the IHS fee again, which has doubled and is now £1,000 for a 2.5 year spouse visa. I believe you should however be refunded the relevant amount from the Tier 4 visa.

Are you aware that switching to FLR(M) will re-set your immigration path to zero, putting you on a new 5 year route to settlement (ILR) ?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Spouse visa

Post by ADAM2018h » Tue May 21, 2019 12:58 pm

Hi

I am a PhD student in UK holding a Tier4 visa until 02/2022. My wife is a British citizen, a year a go we got married, I am about to apply for Spouse visa on first week of June. please help me with these questions please:

1- do I need to show proof of address for both of us, if yes, for how long do we need to show them, because within the last year every thing was in my name, contract, bills, etc.

2- Is it enough to show them only 3 months of bills and shared rent contract.

3- do I need to show them anything regarding my current study at university. or not necessary to mention it.

4- regarding the proof of language, do I need to send only my master degree from UK in 2016, or I need to send a letter from the university regarding my current PhD study in Civil Engineering.

5- Regarding the income, I work as a designer working (part time fixed term 1 year) with 20 hours because my visa only allowed me 20 hours. My total income for these 20 hours is 18900£. while my wife salary is 16500£. Is it OK to use only my income and payslips.

6- Our wedding was in the UK. However, our representatives (our fathers) did our marriage certificate in our original country, in the certificate her details was taken from her original country passport, so the passport number is written in the certificate is not the British passport number. Do I need to send both of her passports with my application.

7- We are expecting a baby in the mid of June, while I am going to apply on 3th of June. do I need to mention anything about that, so that might proof our relationship. If yes what kind of document should I attach.


Many thanks..

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Re: Financial requirement of spouse visa

Post by CR001 » Tue May 21, 2019 1:04 pm

CR001 wrote:
Sun Nov 11, 2018 1:59 pm
Topics Merged (click to read)
Char (CR001 not Casa)
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Re: Spouse visa

Post by ADAM2018h » Tue May 21, 2019 2:32 pm

Thanks Casa for your concern

As I am seeking a help from the forum to clarify some questions.

Is that mean the questions can not be answered by anyone? also canot add anymore posts.

Thanks a lot

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Re: Spouse visa

Post by CR001 » Tue May 21, 2019 2:35 pm

Is that mean the questions can not be answered by anyone?
When someone is available and willing to answer your questions, I am sure they will. The members on the forum are all unpaid volunteers, so please be patient.
also canot add anymore posts.
Who said you cannot add anymore posts??
Char (CR001 not Casa)
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Re: Spouse visa

Post by ADAM2018h » Tue May 21, 2019 3:00 pm

Sorry for the miss-understanding

Thanks a lot to you and all experts for their time of sharing experience.

My appreciations..

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Re: Spouse visa

Post by seagul » Tue May 21, 2019 3:18 pm

ADAM2018h wrote:
Tue May 21, 2019 12:58 pm
Hi

I am a PhD student in UK holding a Tier4 visa until 02/2022. My wife is a British citizen, a year a go we got married, I am about to apply for Spouse visa on first week of June. please help me with these questions please:

1- do I need to show proof of address for both of us, if yes, for how long do we need to show them, because within the last year every thing was in my name, contract, bills, etc.

2- Is it enough to show them only 3 months of bills and shared rent contract.

3- do I need to show them anything regarding my current study at university. or not necessary to mention it.

4- regarding the proof of language, do I need to send only my master degree from UK in 2016, or I need to send a letter from the university regarding my current PhD study in Civil Engineering.

5- Regarding the income, I work as a designer working (part time fixed term 1 year) with 20 hours because my visa only allowed me 20 hours. My total income for these 20 hours is 18900£. while my wife salary is 16500£. Is it OK to use only my income and payslips.

6- Our wedding was in the UK. However, our representatives (our fathers) did our marriage certificate in our original country, in the certificate her details was taken from her original country passport, so the passport number is written in the certificate is not the British passport number. Do I need to send both of her passports with my application.

7- We are expecting a baby in the mid of June, while I am going to apply on 3th of June. do I need to mention anything about that, so that might proof our relationship. If yes what kind of document should I attach.


Many thanks..
1. Any recent proof of address will be fine as its just the initial phase of spouse visa.
2. Yes you can
3. No unless the form ask
4. Only master degree
5. Preferably shows only yours to keep reduced to paper work & confusion
6. Haven't you got UK marriage certificate? If not then if both were in UK then how can someone gets arranged your marriage certificate in another country and how can it be a legal marriage??
7. No harm in mentioning & attach hospital/gp letter as part of subsisting relationship
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa

Post by ADAM2018h » Tue May 21, 2019 6:01 pm

Hi
Thanks a lot & I really appreciate your help
Regarding point no "6"
Well, in our original country the marriage certificate can be done by the representatives (fathers or any relative), because in the certificate there is no signature space for the partners, there is only spaces for the representatives and the witnesses. as a Traditional Marriage, we allowed our parents to do the certificate there with a celebration for our families in there. Meanwhile, after the marriage certificate issued officially, we both did our weeding in UK.
We emailed the council if we need to register our marriage or not, they reply that no need to register as our marriage certificate was done in our original country.

Do you think this document will affect my application as the certificate was done in our original country, while we were in UK.
please let me know if you have any notes about it.

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Re: Spouse visa

Post by Jhelumi » Tue May 21, 2019 8:11 pm

ADAM2018h wrote:
Tue May 21, 2019 6:01 pm
Hi
Thanks a lot & I really appreciate your help
Regarding point no "6"
Well, in our original country the marriage certificate can be done by the representatives (fathers or any relative), because in the certificate there is no signature space for the partners, there is only spaces for the representatives and the witnesses. as a Traditional Marriage, we allowed our parents to do the certificate there with a celebration for our families in there. Meanwhile, after the marriage certificate issued officially, we both did our weeding in UK.
We emailed the council if we need to register our marriage or not, they reply that no need to register as our marriage certificate was done in our original country.

Do you think this document will affect my application as the certificate was done in our original country, while we were in UK.
please let me know if you have any notes about it.
Hello,

You were both in the UK at the same time but your wedding was done in another country?

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Re: Spouse visa

Post by seagul » Tue May 21, 2019 10:00 pm

ADAM2018h wrote:
Tue May 21, 2019 6:01 pm



Do you think this document will affect my application as the certificate was done in our original country, while we were in UK.
please let me know if you have any notes about it.
I personally and I guess HO too might not ever heard that despite you can legally marry in UK you tried to get done your marriage at abroad while not being present there. Maybe it won't count valid for visa purposes.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa

Post by ADAM2018h » Mon May 27, 2019 5:15 pm

Hi experts ,,,,

In 4 days I will submit my application

While I am preparing my documents, I found a problem in the financial requirement. Hope I find someone help me with this:

I have been Working for a (Limited company) as a development project manager as a part-time with an annual wage of 19800£. I prepared my 6 months payslips, bank statement and the employer confirmation letter.
- Is there any consequences if I only submit these documents as a prove of finance?

However,,,

I just found a chapter in the Financial Requirement CALLED "Self-employment or Director or employee of a specified limited company in the UK".

A lot of conditions and impossible requirement has been put for me as an employee, where some of them are private for the owner of the company and the owner refused to provide me that private financial documents about the company.
- Please if you can go through that chapter in pages 60 and especially page 67, and let me know if this conditions for me as an employee or for someone who has shares in the company.
The line is below:
https://assets.publishing.service.gov.u ... ext_1_.pdf

I really appreciate your advice and support

Many thanks

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Re: Spouse visa

Post by seagul » Mon May 27, 2019 7:02 pm

ADAM2018h wrote:
Mon May 27, 2019 5:15 pm
Hi experts ,,,,

In 4 days I will submit my application

While I am preparing my documents, I found a problem in the financial requirement. Hope I find someone help me with this:

I have been Working for a (Limited company) as a development project manager as a part-time with an annual wage of 19800£. I prepared my 6 months payslips, bank statement and the employer confirmation letter.
- Is there any consequences if I only submit these documents as a prove of finance?

However,,,

I just found a chapter in the Financial Requirement CALLED "Self-employment or Director or employee of a specified limited company in the UK".

A lot of conditions and impossible requirement has been put for me as an employee, where some of them are private for the owner of the company and the owner refused to provide me that private financial documents about the company.
- Please if you can go through that chapter in pages 60 and especially page 67, and let me know if this conditions for me as an employee or for someone who has shares in the company.
The line is below:
https://assets.publishing.service.gov.u ... ext_1_.pdf

I really appreciate your advice and support

Many thanks
If the limited company for whom you are working neither yours nor of any of your family members then you will be considered as a paye employee under category A/B. And the documents you have will be fine.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa

Post by ADAM2018h » Mon Jun 03, 2019 3:05 pm

Hi Experts ,,, Hope you all fine

Financial question please

we are expecting a baby in 10 days who will be a British citizen, as I am applying for spouse visa this week:

1- Do I need to add an extra £3500 on the top of the £18600 required. Because I am not sure whether I will find a priority appointment or no this week, as I have not paid yet and still revising my application.

2- Is there a need to mention this in the application or no ?

3- Is there a priority service ''5 working days'' ? ''Not a super priority one'' , and How much is it please.


Many thanks

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Re: Spouse visa

Post by CR001 » Tue Jun 04, 2019 7:41 am

1. No.

2. No.
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