Question about spouse visa

[khuddar]

Not many people will remember me but a year and a half ago i got married.

I then came back to the uk while waiting frustratingly for my wife's application result. AFter six very long weeks her application was accepted and came to the UK.

Things however broke down between us after the first couple of months and she returned back to her country and we divorced. Now i met someone else, she has been living in the uk for a year and a half. She came here after her marriage which like mine broke down after coupel of months. Her husband left her and disappered and she stayed on working away day and night.

Her divorce is in process which has been slow due to at first the husband's whereabouts where not know and now he is taking his sweet time in signing. Her visa expires in a couple of months.

I just have a couple of questions, if anyone can help that will be great.

1) Can she apply for indefinite leave to remain as she has spent two years in the UK and she also works.

2) The new rules state income has to be £18,000 or above. Can work income be combined with her savings and my income and savings to make up that total?

If anyone can let me know that will be great.

[Lucapooka]

Not everyone may "remember" you so perhaps it's necessary to know your immigration status before meaningful advice can be imparted. Information about the nature of your divorce would also be useful.

[khuddar]

My immigration status is British as i was born in the UK. The nature of my divorce was she simply couldn't adjust here and despite best efforts from me and various members in mine and her family, she wouldn't listen or budge therefore she left and i filed for divorced which was soon completed.

Now i have met someone else, she has seperated from her husband but the divorce is taking longer as he is taken forever to sign.

I simply have two questions that need answering in regards to her visa.

1) Can she apply for indefinite leave to remain as she will be leaving here for 2 years and also works and is in a relationship with me?

2) If we have to apply again the new rules state an income of £18,000. If for example my work income is £8,000 and savings is £3,000. Can the difference left be combined with her income and savings?

Let me know please

[Lucapooka]

Where did you file for divorce?
What is the current immigration status of your new partner?
What is the current status of her divorce proceedings?

[khuddar]

We filed for divorce in India where the marriage had taken place.
I also notified the immigration office about this.

My new partner's divorce is still going throught the legal stages and the court is due to make a decision in two/three weeks time as every attempt to get the husband to sign has failed. He simply isn't signing, even thought he has no interest in continuing the marriage, or getting back together with her. Her current immigration status still on a spouse visa as she is technically still married.

She has got a job and works the basic 40 hours a week, getting paid a basic wage.

Any help would be great.

[Lucapooka]

In order for you new partner to remain in the UK there are a number of necessary steps.

Firstly, you would have to examine if your divorce (in the manner it was conducted) is recognised by the UK.

Then she would have to finalize her own divorce.

Then you would have to marry.

Then she could apply for leave as your partner.

[Greenie]

Is she sure her visa has not been curtailed? How does she know her husband hasn't reported the break down of the marriage to the ukba. It doesn't Matter that 'technically they are still married' if the marriage broke down many months ago and this was reported to ukba. In answer to your question as to whether she can apply for ilr as she has been here for two years, the answer is no as the marriage on which the visa was based has broken down.

Only savings of over £16,000 can be taken into account so unless you have this then your combined income would need to be £18,600

It seems unlikely that the divorce is going to come through in time for her to re marry before her visa expired (she can't apply for her decree absolute until 6 weeks after her decree nisi is issued and you need to give at least two weeks notice to get married in a registry office in the UK.

Expect your marriage to come under a great deal of scrutiny both by the registrar if she does manage to get divorced in time and certainly by the ukba.

[vinny]

I met with my future wife to be while she was in the uk. She had come here in April 2010 on a spouse Visa married to someone else. The husband she married however drank heavily and it was later found he was having an affair and had even at one point refused to not pick her up from the airport.

He left her and she had no desire to get back with him. Instead she decided to support herself by getting a job (at one point working three jobs!). She improved her english by reading, talking and listening to others.

About a year ago she met me and soon we fell in love. At the time she didn't have any real plans on if she wanted to stick around in the uk. Things however have changed now as we are in a relationship and want to get married. She has filed for divorce but the process has been very very slow thanks to a average solicitor and a slow court system (will be a year soon!).

The problem is we have been getting so many different advices from places that it is a bit confusing.

One solicitor suggested we apply for Further Leave to Remain (O) when there is 2/3 weeks left on visa then when the divorce happens, get married and apply to have the visa varied. That sounds a bit risky, for one things if we apply for that her passport would have to be submitted then we don't have a passport to show at the registrar's office.

Another solicitor said to apply for a extension explaining you want to get married, he is confident they will give it but he also says once married for her to go back to India and apply from there.

Another one said if the divorce does not get done with 4 weeks left on a visa, then write to the home office explaining the situation and she will help us write the letter.

Another says a similar thing but rather than applying just ask for a extension and then apply once married to have the visa varied into a spouse visa.

I was thinking of applying under right to private life but people have suggested not to because success are very few in that.

There is one way that she does go back and i apply to bring her here on a fiancee Visa, then once married to change into a spouse one. For that i am going to need some time to make up the cash savings because my income will not be enough. If we did apply from UK cause she was working all the solicitor's agree her income will count so the £18,600 threshold will be met.


We have proof that our relationship via:

Gifts and cards we have sent each other.

8 Months of phone bills.

Photo's

Her husband couldn't have informed UKBA about it according to one of the solicitos's because said she would have had a letter by now.

Anyone have any advice on what to do? I am thinking of seeing two three more solicitors before decideing what to do.

She has to apply inside the UK with valid leave, if her income is going to be considered. Furthermore, she has to be married to you at that time. Merely being divorced from her previous partner will not work.

Without knowing if the absolute divorce decree will come through (the decree absolute comes about 6 weeks after the decree nici in straightforward circumstances) and you can marry, it's not possible to say if your plan is viable. I would guess that it is not.

[vinny]

Has she alreadly made an in-time application?

If she came to the UK in April 2010, then does she still have leave to enter/remain?

[khuddar]

She has a visa for two years and two months which is how they it is often given on spouse visa. She has until the second week of May. The advice i have seeked from the last three all say to apply for a extension explaining we want to get married, they are all confident it will be given.

Another said to apply for Further Leave to Remain Other with a while to go for visa and then apply once married to have the visa varied. This is something that sounds risky to me and something i am not keen on.

The Judge can shorten the time between Decree Nisi and Absolute Decree but only in exceptional circumstances i don't know if he/she will see this as one.

The Registarar was sympathtic when i explained the situation but did stress because she was not free to marry it can't be done which i understood. She did guarantee me that once the decree absolute was done she would book us in, alot depends on time.

She has some things in her favour with knowing English, not claiming benefits (one of the conditions of her visa no recourse to public funds), working, paying taxes but the overstay will be a big no-no to UKBA if no application is made in time.

Strangely the lawyers have said all is needed to apply for a extension is the decree absolute, passport, a date with the registrar. Surely that can't be all they want? I was a bit skeptical and she asked one of lawyers and he said that is all we need for the extension.

Anyone can clear that up?

OFF TOPIC: Sorry for previosuly posting in the wrong section.

[khuddar]

U know what i just realised i put the wrong year in for her visa. Sorry everyone for the confusion and mess up! She arrived in April 2011 not 2010! Really sorry about it everyone!

[vinny]

Was she a victim of domestic violence?

[khuddar]

No she wasn't a victim of domestic abuse. He had an affair and he drank and didn't even talk to her much but never hit her.

[khuddar]

I have talked to another solicitor who said to apply for FLR (O) asking for discretionary leave on the basis of a broken marriage but prospective relationship. Does anyone know if that is the best thing to do?

He did also say once married we can switch into a spouse visa anytime.

Anyone have any views on this.

[khuddar]

Just another thing to ask about the financial requirement. If i take the route where she goes back and applies from them, i need some help to work out the financial requirement.

I will be using payslips from december to May. The new financial year will mean the wage will start again from 0 from April. I earn 288.50 currently. I am wondering will the figures from April and May which will be £2,308 be added on to my last figure of the year 2012/2013 which currently from my working out will be £13,247.20 to work out the figure for the six months?

Furthermore if i earn £13,247.20. Then would my savings need to be the difference x 2.5? So £5352.80 x2.5 = 13,382=16,000= 29.382?

[st pauli]

I don't think the financial requirement applies any significance to tax years (April to April)

You are asked to provide proof of income either over the last 12 months prior to the date of application, or last consecutive 6 months depending on the category you apply under.

Also, it is gross income that counts. So the amount you get taxed (or other deductions - national insurance, student loan repayments etc) is largely irrelevant.

[khuddar]

Ok, what I mean is will they add on the gross pay for April and may to the last figure to march to work out gross pay? I am asking because April would be the new financial year. So if before the new financial year by figure is 13,000 would they add on the gross figures from April and May to them?

[st pauli]

You said you're using payslips from December to May. That's six months, so sounds like Category A to me.

Therefore they wouldn't be 'working out' anything, they'd just look at all six payslips and if none of them show less than £1550 gross, you've passed.

[khuddar]

Thanks st pauli, my payslips are done on a weekly basis.

The reason i keep asking is the total Gross Pay for the last week of March will be just over 13,000. When the new financial year starts that will be start again from a new figure which will be £288.50. That is way i was a bit confused. I guess i won't pass because the figure will fall below £1550. Is that right?

[st pauli]

Thanks st pauli, my payslips are done on a weekly basis.

The reason i keep asking is the total Gross Pay for the last week of March will be just over 13,000. When the new financial year starts that will be start again from a new figure which will be £288.50. That is way i was a bit confused. I guess i won't pass because the figure will fall below £1550. Is that right?

I still don't understand why you think the financial year affects anything.

Your rate of gross pay does not change depending on the financial year. Gross pay is before tax and deductions.

£288.50 a week is only £1154 a month so falls short of the £1550 a month needed for Category A (requirement = your last six months of payslips all showing at least £1550 a month)

However Category B is different. You could have some months where you earned £0 and some where you earn £2000, it doesn't matter - the requirement is that you've earned a total of £18,600 gross during the 12 months before your date of application. This has nothing to do with financial years, your 12 month period may well span two different financial years. It also has nothing to do with tax or other deductions anyway since the amount you need to prove is gross income, not net income.

[khuddar]

Thanks Pauli you really are helping me understand this a bit better. I have been with my employer for 6 years now.

From what you explained, you got to earn half of 18,600 in six months then the six months would have to total the gross to 18,600.

Working it out i am as you pointed out sort by £396 pounds each month. So in total i would be short by £4752 right?

Can i make up this shortfall by cash savings?

Is that worked out £4,752 x2.5 + 16,000 = £27,880

Is that right?

[khuddar]

Can anyone who knows a bit about it let me know. It will help a great deal.

[khuddar]

Enough said.

[Amber]

Yes savings can be combined with the earnings.

The calculation would be savings - 16000 / 2.5 = amount taken into consideration. You could then subject this from the threshold i.e. 18600 and that would leave the Gross amount you would need to earn per annum. For Cat A salaried the annual salary that can be used = the lowest Gross wage slip in the last 6 months x 12.

[khuddar]

Thanks for that. It doesn't matter now, the application has been successful!

WOOOOHOOOO!