Spouse Visa UK

[Kelvamp]

Hello,
So I am a Ghanaian and currently in the uk doing my masters under tier 4 visa and about to apply for a spouse visa as myself and my partner who is a Uk citizen got married last month. However, I’m told there’s an English language requirement I have to satisfy which I don’t understand as I’m already obtaining a masters degree here in Uk. Also, I used my wassce results to prove that I can speak English when I was applying for my tier 4 visa. I’ve heard that I don’t have to proof it if I graduated with my masters but for certain reasons I’m not graduating this year as I should and graduating next year July and I’m applying the spouse visa next month which makes that not possible.
My question is how do I satisfy the English language requirement for my spouse visa when I’ve not graduated yet.

[CR001]

If you have not completed your masters then you need to meet the English requirement with either the A1 English test from an HO approved test centre or if you have a foreign degree, apply to UK NARIC for English and comparable assessment using the UKVI Red route. They both cost the same, £150.

Then English requirement for Tier 4 is different to that for a spouse visa.

[KristianDLloyd]

Did you study your Bachelors degree in the UK?

[Kelvamp]

I’m a Ghanaian National under tier 4 visa that expires in January. I’m married to a Uk citizen and will be applying for spouse visa soon. My partner has worked for two different agencies and just got a weekly paid non salaried contracted job. I know I’m allowed to support her in meeting the financial requirement since my visa plows me to work. My job situation is same as hers as I also worked for two different agencies in the past six months and just got a weekly paid non salaries contracted job now. I know we have to use cat B or if I’m wrong someone correct me.
My question is that do we have to ask for employer letters from all our past agency workers?
Please help me wonderful people, thanks in advance.

[seagul]

.
My question is that do we have to ask for employer letters from all our past agency workers?
Please help me wonderful people, thanks in advance.

Although employer letter from previous employer isn't relevant but HO still has asked it from few members. So keep it arranged.

[Kelvamp]

Thanks Seagul for your fast reply, So do we need to add it in the application( is the employer letter compulsory for cat B in the application) or just make it ready in case the home office asks?

[seagul]

is the employer letter compulsory for cat B in the application

Yes from present employer

make it ready in case the home office asks?

yes employer letter from previous employer

[Kelvamp]

To be honest I don’t think there’s more time to wait for all the letters from six employers before I apply. Is the FLR(FP) for 10 year route application based on not meeting only the financial requirement gonna be easy to get? Because all my documents are ready but don’t wanna go through the hustle of the financial requirement.
I wanna apply for the FLR(FP) 10 year route but I’m hearing is only for those who overstayed.
So my question is, is the 10 year route spouse visa for only not meeting the financial requirement an easy thing to get?

[seagul]

To be honest I don’t think there’s more time to wait for all the letters from six employers before I apply.

Not everyone gets asked about employer letter from previous employer. Don't apply flrfp when you can apply flrm. In my view even if you can't get employer letters from previous employer your application won't be refused and if refused then will be overturned so easily because they are irrelevant.

[Kelvamp]

Thanks seagul, but can we choose to use one year payslip and bank statements instead of the calculation for annual income from just six months for the cat B? Because myself and my partner will meet the 18,600 if we use one year payslip, but will fall short if calculation is made from six months. Also because we use to work very hard 7-12 months ago. I don’t even understand why HO will calculate how much someone has made in the past year from his or her wages from six months.

So can we use one year payslip and bank statement that add up to more than 18,600 instead of six months payslip bank statement?

[seagul]

Thanks seagul, but can we choose to use one year payslip and bank statements instead of the calculation for annual income from just six months for the cat B?

For category B you will have to attach the previous 12 months of payslips and bank statements. For meeting its first part you must have earned at least £18600 during the last 12 months. Also for meeting its second part you must have earned at least £9300 during the last 6 months. For combining your income you have to check your tier 4 conditions otherwise they cant be combined. Also you can using 6 months older cash savings to cover any shortfall.

[Kelvamp]

For the second part of cat b which is 9,300 for six months is it both of our incomes that should reach 9,300?
Also with combining our income, can I choose what months payslips I want to submit as long as they reach the 18,600 threshold? Example I choose not to add my August payslips since if it’s not added it won’t affect our reaching of the 18,600 threshold? I’m asking this because I worked for once or two weeks extra hours over part time during term time and I don’t wanna add those so they don’t reject me.

[seagul]

For the second part of cat b which is 9,300 for six months is it both of our incomes that should reach 9,300?

yes combination of both of yours incomes

Also with combining our income, can I choose what months payslips I want to submit as long as they reach the 18,600 threshold?

no

Example I choose not to add my August payslips since if it’s not added it won’t affect our reaching of the 18,600 threshold? I’m asking this because I worked for once or two weeks extra hours over part time during term time and I don’t wanna add those so they don’t reject me.

If you have breached your tier 4 visa condition by over working then that income wont be accepted (same suggested previously).

[Kelvamp]

Will the case worker ignore just that two weeks of income that I breached my tier 4 conditions and continue with the ones that I worked part time or ignore my whole income for other months and look at only my spouse income?
Also is a tuberculosis certificate needed for spouse visa applied within uk?

[seagul]

Will the case worker ignore just that two weeks of income that I breached my tier 4 conditions

Not sure but its risky

Also is a tuberculosis certificate needed for spouse visa applied within uk?

no

[Kelvamp]

I’ve being working for 8 months continuous. Can I use that to support my spouse income? The reason why I want to support my spouse badly is because she have not being working for the past two months and only got a job recently as I stated above.

[seagul]

I’ve being working for 8 months continuous. Can I use that to support my spouse income? The reason why I want to support my spouse badly is because she have not being working for the past two months and only got a job recently as I stated above.

You can only combine your income for that period during which you complied with the condition of your tier 4 visa. Also remember which you hasn't answered that 6 months older cash saving can also used to cover any shortfall.

[Kelvamp]

Yeah I think that’s what I’ll do, I’ll select the months I didn’t breach the condition.
Also does the cash savings have to be money in the bank or bank statement? I’m confused

[Kelvamp]

Also can I switch from tier 4 to spouse visa even a week before my tier 4 visa expires cause I’m seeing some 28 days before visa expires somewhere. Please correct me.

[seagul]

Also does the cash savings have to be money in the bank or bank statement? I’m confused

Yes to prove cash savings of course you will have to attach bank statements. You will also have to declare their source. Only cash savings above to £16000 will be considered.

Also can I switch from tier 4 to spouse visa even a week before my tier 4 visa expires cause I’m seeing some 28 days before visa expires somewhere. Please correct me.

Anytime you ready can apply for flrm but it should be done before your tier 4 visa expiry.

[Kelvamp]

I think I’ll apply for FL(FP) and later change to the flr(fm) because I don’t think we will meet the financial requirement, but with the fl(fp) how do you apply and show that you meet all the other requirements except the financial requirement?

[Kelvamp]

Is the fl(fp) for people who don’t meet all the requirements?

[seagul]

I think I’ll apply for FL(FP) and later change to the flr(fm) because I don’t think we will meet the financial requirement, but with the fl(fp) how do you apply and show that you meet all the other requirements except the financial requirement?

Is the fl(fp) for people who don’t meet all the requirements?

FLRFP applications consume considerable amount of time with no guarantee of success.

[Kelvamp]

Thanks Seagul for your reply, to me I don’t think working for just 24 hours each of the two weeks I told you about will affect me but I don’t want to take any risk at now when there is a way. I will switch to flr(fm) after a year so I use my payslip from working on spouse visa(that’s if I get the visa).I think It’s better to be delayed a visa than be banned for 10 years and be deported because of this.
Also I don’t know how home office will know my vacation times and term times. Please advice me further, do you think just 4 hours extra hours during term time will affect me?

[seagul]

. Please advice me further, do you think just 4 hours extra hours during term time will affect me?

It will still count a breach. Also be known that a lot of application forms explicitly ask that whether you have breached your visa condition which if doesn't answer honestly then if traced then will lead to deception which will affect all future applications.