Visit Visa Switch

[koko1123]

Hi all,

I'm looking to apply for a spouse visa for my wife before she has to leave by the end of August. Got everything but just realised my full time employer in the UK issued payslips but didn't transfer my wages to my account for June or July. So I am yet to be paid for those 2 months and also then for August. They promosed to pay what I am owed this week or next.

Are we still able to apply now or will we need to go back to her home country, wait 6 months and make sure my employer pays me on time or is there anything else we can do?

Tried searching for the reason to submit bank statements as well as payslips but couldnt find anything. Surely if I have payslips that would suffice?

Thanks in advance

[seagul]

Hi all,

I'm looking to apply for a spouse visa for my wife before she has to leave by the end of August. Got everything but just realised my full time employer in the UK issued payslips but didn't transfer my wages to my account for June or July. So I am yet to be paid for those 2 months and also then for August. They promosed to pay what I am owed this week or next.

Attach a persuasive employer letter giving the reason of none-payment of wages during the said months.

[AmazonianX]

Hi all,

I'm looking to apply for a spouse visa for my wife before she has to leave by the end of August. Got everything but just realised my full time employer in the UK issued payslips but didn't transfer my wages to my account for June or July. So I am yet to be paid for those 2 months and also then for August. They promosed to pay what I am owed this week or next.

Are we still able to apply now or will we need to go back to her home country, wait 6 months and make sure my employer pays me on time or is there anything else we can do?

Tried searching for the reason to submit bank statements as well as payslips but couldnt find anything. Surely if I have payslips that would suffice?

Thanks in advance

is she presently with you in UK? On what visa? It is not clear from your post.

[koko1123]

Hi,

Sorry she has a 10 year visit visa. She's in the UK with me as we were here before lockdown. She was meant to have left by end of May due to the time we've been here. Visa was extended & now told we have until end of a August to apply for spouse visa or leave.

[koko1123]

Hi all,

I'm looking to apply for a spouse visa for my wife before she has to leave by the end of August. Got everything but just realised my full time employer in the UK issued payslips but didn't transfer my wages to my account for June or July. So I am yet to be paid for those 2 months and also then for August. They promosed to pay what I am owed this week or next.

Are we still able to apply now or will we need to go back to her home country, wait 6 months and make sure my employer pays me on time or is there anything else we can do?

Tried searching for the reason to submit bank statements as well as payslips but couldnt find anything. Surely if I have payslips that would suffice?

Thanks in advance

is she presently with you in UK? On what visa? It is not clear from your post.

Hi,

Sorry she has a 10 year visit visa. She's in the UK with me as we were here before lockdown. She was meant to have left by end of May due to the time we've been here

[CR001]

She cannot apply for a spouse visa while in the UK as a visitor. She must apply from her home country.

[koko1123]

She cannot apply for a spouse visa while in the UK as a visitor. She must apply from her home country.

Hi. The rules have temporarily changed because of the covid crisis, so people are allowed to switch visa whilst in the UK instead of their home country. But only until the end of August.

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account.

[AmazonianX]

She cannot apply for a spouse visa while in the UK as a visitor. She must apply from her home country.

Hi. The rules have temporarily changed because of the covid crisis, so people are allowed to switch visa whilst in the UK instead of their home country. But only until the end of August. Heard and read about this but not aware how it works in practice.

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account. It hardly matches due to payslips usually being prepared before remittances of remunerations are made to employees accounts. The situation with yours is the length of time it took. Now that you have it in your account, speak with your employer to write and explain this.

[seagul]

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account.

Attach a persuasive employer letter giving the reason of none-payment of wages during the said months.

[koko1123]

She cannot apply for a spouse visa while in the UK as a visitor. She must apply from her home country.

Hi. The rules have temporarily changed because of the covid crisis, so people are allowed to switch visa whilst in the UK instead of their home country. But only until the end of August. Heard and read about this but not aware how it works in practice.

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account. It hardly matches due to payslips usually being prepared before remittances of remunerations are made to employees accounts. The situation with yours is the length of time it took. Now that you have it in your account, speak with your employer to write and explain this.

Thank you. I just dont want to risk submitting the application and it being rejected even if I get a letter from my employer. I can go back to her home country and work remotely with my employer, the only reason we didnt want to go back to apply is the risk of infection on the travel there.

[koko1123]

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account.

Attach a persuasive employer letter giving the reason of none-payment of wages during the said months.

Thanks. The company had a funds issue due to the covid crisis. I just dont want to risk submitting the application and it being rejected even if I get a letter from my employer. I can go back to her home country and work remotely with my employer, the only reason we didnt want to go back to apply is the risk of infection on the travel there.

[seagul]

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account.

Attach a persuasive employer letter giving the reason of none-payment of wages during the said months.

Thanks. The company had a funds issue due to the covid crisis. I just dont want to risk submitting the application and it being rejected even if I get a letter from my employer. I can go back to her home country and work remotely with my employer, the only reason we didnt want to go back to apply is the risk of infection on the travel there.

If you wish then can be benefited from UKVI's temporary concession where you must have earned sufficiently till March 2020. You can use your income Oct 2019 - March 2020.

https://www.gov.uk/guidance/coronavirus ... -residents

[koko1123]

The issue is about my salary not being paid for June and July even though I have payslips. Payment was made today for both amounts but I've been reading that the date of payment on the payslip must match bank account.

Attach a persuasive employer letter giving the reason of none-payment of wages during the said months.

Thanks. The company had a funds issue due to the covid crisis. I just dont want to risk submitting the application and it being rejected even if I get a letter from my employer. I can go back to her home country and work remotely with my employer, the only reason we didnt want to go back to apply is the risk of infection on the travel there.

If you wish then can be benefited from UKVI's temporary concession where you must have earned sufficiently till March 2020. You can use your income Oct 2019 - March 2020.

https://www.gov.uk/guidance/coronavirus ... -residents

Many thanks Seagul, will look into that

[koko1123]

Hi all,

My wife was going to apply for a Spouse visa from the UK. Details:

Currently on 10 year visit visa, expires in 2028. Have been here since November 2019. Outside of permitted stay but visa was extended due to Covid concessions. Have until 31st August to leave.

Original plan to go back to home country & apply for a Spouse visa. Due to lockdown it wasnt possible.

Immigration advisor told us to apply for a spouse visa from UK on 5 yr route. But reading on posts that concession was for visitors whose visa actually expired during lockdown. We thought technically it has expired as we have been over her stay here in the UK.

I'm wokring in the UK & meet financial requirements.

Can someone please clarify if we can apply for a spouse visa by the end of August or if that concession was only for those whose visa actually expired rather than overstaying their allocated time / year?

Many thanks

[CR001]

Her stay in the UK of more than 6 months is NOT the same as a visa expiring

Your partner's visa expires years from now. The concession is for those who have visa expiry by the stated date or whose visas have expired and been granted a grace period till 31st of August to leave the uk or make an application.

To be honest, when all this started off in feb/march, she could have made arrangements to return.

Whic country is the home country?

[koko1123]

Her stay in the UK of more than 6 months is NOT the same as a visa expiring

Your partner's visa expires years from now. The concession is for those who have visa expiry by the stated date or whose visas have expired and been granted a grace period till 31st of August to leave the uk or make an application.

To be honest, when all this started off in feb/march, she could have made arrangements to return.

Whic country is the home country?

Hi. Iraq. She had until May to leave. However Iraq went into complete lockdown prior to the UK. Airports & borders shut and they only reopened about a month ago. So we weren't able to leave the UK and applied for an extension which was accepted then automatically renewed until end of July plus 1 month's grace to leave.

[seagul]

Hi all,

My wife was going to apply for a Spouse visa from the UK. Details:

Currently on 10 year visit visa, expires in 2028. Have been here since November 2019. Outside of permitted stay but visa was extended due to Covid concessions. Have until 31st August to leave.

Original plan to go back to home country & apply for a Spouse visa. Due to lockdown it wasnt possible.

Immigration advisor told us to apply for a spouse visa from UK on 5 yr route. But reading on posts that concession was for visitors whose visa actually expired during lockdown. We thought technically it has expired as we have been over her stay here in the UK.

I'm wokring in the UK & meet financial requirements.

Can someone please clarify if we can apply for a spouse visa by the end of August or if that concession was only for those whose visa actually expired rather than overstaying their allocated time / year?

Many thanks

Temporary concession is only for those who either have cvd19 symptoms & self isolating or can't book the returning flight. And most of the flights are now in operation albeit under reduced schedule and there won't be any discretion applied where the passenger only want to travel with direct flight in the availability of plentiful indirect flights.

[koko1123]

Hi all,

My wife was going to apply for a Spouse visa from the UK. Details:

Currently on 10 year visit visa, expires in 2028. Have been here since November 2019. Outside of permitted stay but visa was extended due to Covid concessions. Have until 31st August to leave.

Original plan to go back to home country & apply for a Spouse visa. Due to lockdown it wasnt possible.

Immigration advisor told us to apply for a spouse visa from UK on 5 yr route. But reading on posts that concession was for visitors whose visa actually expired during lockdown. We thought technically it has expired as we have been over her stay here in the UK.

I'm wokring in the UK & meet financial requirements.

Can someone please clarify if we can apply for a spouse visa by the end of August or if that concession was only for those whose visa actually expired rather than overstaying their allocated time / year?

Many thanks

Temporary concession is only for those who either have cvd19 symptoms & self isolating or can't book the returning flight. And most of the flights are now in operation albeit under reduced schedule and there won't be any discretion applied where the passenger only want to travel with direct flight in the availability of plentiful indirect flights.

Hi Seagul,

So even if we do leave by the 31st August will that affect our spouse visa application in the UK? It was our immigration advisor whom told us to swtich here but since then I cant get hold of her!

[AmazonianX]

Her stay in the UK of more than 6 months is NOT the same as a visa expiring

Your partner's visa expires years from now. The concession is for those who have visa expiry by the stated date or whose visas have expired and been granted a grace period till 31st of August to leave the uk or make an application.

To be honest, when all this started off in feb/march, she could have made arrangements to return.

Whic country is the home country?

Hi. Iraq. She had until May to leave. However Iraq went into complete lockdown prior to the UK. Airports & borders shut and they only reopened about a month ago. So we weren't able to leave the UK and applied for an extension which was accepted then automatically renewed until end of July plus 1 month's grace to leave.

Do not complicate matters, if the skies are open an she can safely return to home country, let her do so. Gather all supporting documents, make/fill the application and when she in home country submit, pay and upload.
Some things solicitors spew from their mouth.....

[koko1123]

Her stay in the UK of more than 6 months is NOT the same as a visa expiring

Your partner's visa expires years from now. The concession is for those who have visa expiry by the stated date or whose visas have expired and been granted a grace period till 31st of August to leave the uk or make an application.

To be honest, when all this started off in feb/march, she could have made arrangements to return.

Whic country is the home country?

Hi. Iraq. She had until May to leave. However Iraq went into complete lockdown prior to the UK. Airports & borders shut and they only reopened about a month ago. So we weren't able to leave the UK and applied for an extension which was accepted then automatically renewed until end of July plus 1 month's grace to leave.

Do not complicate matters, if the skies are open an she can safely return to home country, let her do so. Gather all supporting documents, make/fill the application and when she in home country submit, pay and upload.
Some things solicitors spew from their mouth.....

The "returning safely" part is the issue as cases there are peaking. We also have a 9 month old baby (British born, paid for in the UK) & healthcare is virtually non existent there.

But i'm guessing the HO doesnt care about those issues and we have no choice but to return to apply for a spouse visa?

[koko1123]

Ok. Just spoke to another immigration advisor. Told me I can apply for a 10 year family visa from the UK and then switch to a spouse visa once my application has been accepted.

If this is the case why would people go for the 5 yr spouse visa bck from their home country?

[CR001]

Ok. Just spoke to another immigration advisor. Told me I can apply for a 10 year family visa from the UK and then switch to a spouse visa once my application has been accepted.

Absolutely no guarantee the FLR(FP) Partner route will be successful. As already stated, many have tried this (esp US citizens) and failed horribly, losing lots of money along the way.

If this is the case why would people go for the 5 yr spouse visa bck from their home country?

Because that is the correct way to do and an FLR(FP) refusal will state the exact same reason, ie 'no insurmountable obstacles to apply from home country'. They have been married for a very short time too.

There is already a refusal for a spouse visa, it is almost guaranteed that FLR(FP) application as a visitor in the UK will fail as UKVI will see it a 'trying to circumvent the immigration rules'.

[riyan]

Thanks for all contributors I have read the thread also as I'm also in a similar case.
I was also told by an immigration solicitor that it is possible to apply family route - exceptional circumstances private route from the UK and I'm going to be doing that - hope it's not going to be a waste of lot of money

[riyan]

Because that is the correct way to do and an FLR(FP) refusal will state the exact same reason, ie 'no insurmountable obstacles to apply from home country'. They have been married for a very short time too.

There is already a refusal for a spouse visa, it is almost guaranteed that FLR(FP) application as a visitor in the UK will fail as UKVI will see it a 'trying to circumvent the immigration rules'.

Why would it fail as in the current circumstances people are given the chance to apply/switch visa from the UK? Thanks

[CR001]

Because that is the correct way to do and an FLR(FP) refusal will state the exact same reason, ie 'no insurmountable obstacles to apply from home country'. They have been married for a very short time too.

There is already a refusal for a spouse visa, it is almost guaranteed that FLR(FP) application as a visitor in the UK will fail as UKVI will see it a 'trying to circumvent the immigration rules'.

Why would it fail as in the current circumstances people are given the chance to apply/switch visa from the UK? Thanks

The spouse is not in the UK yet as visa was refused. The concession to apply within the UK is for those who have visas expirying or already expired by the stated date. Not those who are still to travel to the UK and try their luck after a failed spouse visa attempt.