After 2 Years of Spouse Visa

[chat2saqib]

Hi,

Actually need to ask something about spouse visa that one of my cousin got spouse visa (for more than 2 years) and his wife was earning 18,600 and as soon as my cousin arrived in UK then his wife's employer started to gave her very few hours. Now she is not earning according to £18,600 and just because of this she is thinking to switch job ASAP because they worried that they are not earning £18,600.

Is that okay if she earns less than £18,600 for few months? Does it matter even her husband in UK? Is it going to be an issue later on? I believe that they check only last 6 months payslip when he will apply for next visa in 2 or 3 years?


Your reply will be highly appreciated.

Thanks.

[Damanisshallo]

She should be fine. As her husband has already been issued with a Spouse visa, she'll have to start thinking about this 7 months before applying for his extension. Having said this, they can combine both her's and her husband's income to meet this £18600 requirement. They can add any other income like rents, yela yela yela...to this as it is the house hold income and not the main applicant's.

[chat2saqib]

She should be fine. As her husband has already been issued with a Spouse visa, she'll have to start thinking about this 7 months before applying for his extension. Having said this, they can combine both her's and her husband's income to meet this £18600 requirement. They can add any other income like rents, yela yela yela...to this as it is the house hold income and not the main applicant's.

Damanisshallo: Thanks very much for you reply. So, If I am summarize what you said that basically they only need to show last 7 months payslips of 18600 (either herself earning this much or by combining both of their earning) to apply for his extension for another 2.5 or 3 years.

For example, If they are applying for extension to spouse VISA in March 2015 then they need payslip from SEP 2014 but not from the beginning when the first 2 years visa was issued (suppose first 2 years spouse visa was issued in March 2013)?

Once they will get another extension then after spending 5 years her husband can apply for ILR (Indefinite Leave to Remain)?

Is that all correct what I actually said?

[Damanisshallo]

Damanisshallo: Thanks very much for you reply. So, If I am summarize what you said that basically they only need to show last 7 months payslips of 18600 (either herself earning this much or by combining both of their earning) to apply for his extension for another 2.5 or 3 years.

Provided, she's been with the same employer for more than those last 6 months or 12 months if the employer has changed.

For example, If they are applying for extension to spouse VISA in March 2015 then they need payslip from SEP 2014 but not from the beginning when the first 2 years visa was issued (suppose first 2 years spouse visa was issued in March 2013)?

Once they will get another extension then after spending 5 years her husband can apply for ILR (Indefinite Leave to Remain)?

They will have to again prove that they meet this threshold before applying for ILR

Is that all correct what I actually said?

Please read this Financial Requirement Document for further details.

[chat2saqib]

Damanisshallo: Thanks very much for you reply. So, If I am summarize what you said that basically they only need to show last 7 months payslips of 18600 (either herself earning this much or by combining both of their earning) to apply for his extension for another 2.5 or 3 years.

Provided, she's been with the same employer for more than those last 6 months or 12 months if the employer has changed.

For example, If they are applying for extension to spouse VISA in March 2015 then they need payslip from SEP 2014 but not from the beginning when the first 2 years visa was issued (suppose first 2 years spouse visa was issued in March 2013)?

Once they will get another extension then after spending 5 years her husband can apply for ILR (Indefinite Leave to Remain)?

They will have to again prove that they meet this threshold before applying for ILR

Is that all correct what I actually said?

Please read this Financial Requirement Document for further details.

Basically pay threshold is always there either for further 2.5 or 3 years extension after initial 2 years spouse visa or for ILR after 5 years.

Just to clarify that from 2 or 2.5 years (initial or extension) the 2nd (second) year is always very important in a sense if employer gets changed in last 6 months of 2nd year then they have to show payslips for last 12 months which should make up £18.600 threshold.

They also need other documentation (6 Letter spread across 2 years for both extension need after initial 2.5 years and then for ILR) e.g. Bills or any Bank statements or any other letter on their name that they both living together etc as mentioned in current ILR procedure.

(Please correct me if I said anything wrong or confusing for other users).

But again! Thanks very very much for your time and explanation. If still missing anything please do mention that and really appreciate your time once again!

[Damanisshallo]

Basically pay threshold is always there either for further 2.5 or 3 years extension after initial 2 years spouse visa or for ILR after 5 years.

You've already proved this at EC. The whole idea of breaking this 5 yr qualifying period into 2.5 yrs and 2.5 yrs, is to check if you still meet the requirements at the middle of your qualifying period and to the end of your 5 yrs qualifying period (Just before applying for Settlement) and needless to say to also cough up some money.

Just to clarify that from 2 or 2.5 years (initial or extension) the 2nd (second) year is always very important in a sense if employer gets changed in last 6 months of 2nd year then they have to show payslips for last 12 months which should make up £18.600 threshold.

Yes

They also need other documentation (6 Letter spread across 2 years for both extension need after initial 2.5 years and then for ILR) e.g. Bills or any Bank statements or any other letter on their name that they both living together etc as mentioned in current ILR procedure.

I'd have thought, this letters from 6 different sources was meant for Unmarried/Same Sex Partners.


(Please correct me if I said anything wrong or confusing for other users).

But again! Thanks very very much for your time and explanation. If still missing anything please do mention that and really appreciate your time once again!

[Amber]

No, cohabitation proof is for spouse's and civil partners too but for SET(M) rather than a FLR(M) extension under the new rules.

[Damanisshallo]

I think the OP need an FLR(M) ATM than SET(M)

12C Unmarried and same-sex partners (and any spouse or civil partner who has completed 2 years’ leave in that category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-sex partner, or if you answered no to question 5.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 12A, you must provide the following documents:

6 items of correspondence addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years.

Did you enter the UK legally?

[Amber]

Indeed, EC 2.5 years then FLR(M) for a further 2.5 years and finally SET(M) the latter of which (SET(M)) will require cohabitation evidence.

[chat2saqib]

Thanks very much both of you for explaining in detail.