Spousal Visa questions

[TL545]

My fiancee (American citizen) and I (British citizen) are marrying later this year and have some questions regarding the spousal visa.

* My income is 14k GBP per annum and the threshold is 18,600 GBP. How complicated is it to combine incomes? She works a part-time teaching job in the States and doesn't receive a set income per month, as it's based on which hours she works.

* Regarding living arrangements, the requirements state we 'must intend to live together' after her move to the UK. How do we prove we must intend to live together, or must we prove it by having somewhere to actually live before she applies for her visa?

Is there anything else to be aware of? Opinions and experiences from those who have applied for this visa would be appreciated. I imagine if we tick all the requirements it should be straight forward, much like her visitor's visa after she was refused entry to the UK a while back. She applied for a visit visa and got it approved after 4 weeks.

Regards,

[CR001]

For a spouse visa from abroad, only your income wil be counted and must meet the requirement alone. The income of the spouse in the US is irrelevant.

The rules and requirements are more strict for a spouse visa than a visitor visa.

[TL545]

It says we can combine incomes though.

"Give proof of your income
You and your partner must have a combined income of at least £18,600 a year if:

you’re applying as a partner
you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years"

She will be applying in her own right as my partner, and she will want to settle in the UK with ILR within 5 years.

https://www.gov.uk/uk-family-visa/proof-income

[Casa]

It says we can combine incomes though.

"Give proof of your income
You and your partner must have a combined income of at least £18,600 a year if:

you’re applying as a partner
you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years"

She will be applying in her own right as my partner, and she will want to settle in the UK with ILR within 5 years.

https://www.gov.uk/uk-family-visa/proof-income

This only applies to joint earnings from within the UK

[TL545]

Ok that clears it up. Thank you.

Do you have any information regarding living arrangements?

Edit: Another query regarding income. If overtime is available, I can meet the 18.6k threshold (approx 1550 GBP per month), would that count if I can show a consistent income of at least 1550 GBP per month through my bank statements?

Without overtime, however, it's 14k GBP per annum.

[seagul]

would that count if I can show a consistent income of at least 1550 GBP per month through my bank statements?

bank statements with corresponding payslips.

[Frontier Mole]

Accommodation- are you living with your parents or renting or do you have your own house?

[TL545]

At the moment I'm with my parents but will be moving out before we send in her spousal visa application.

[Frontier Mole]

Salary - you have to either have a standard salary of £18,600 or above then you can send in 6 months of payslips or if your standard salary is below £18,600 and you do either secondary working/ other job / overtime then you will have to supply 12 months of payslips. The lowest monthly income over the 12 month period is multiplied by 12 to give you the figure they work with if you are relying on overtime so even if you were to work overtime now it would be a year before it would have an impact.

The only real solution is to get a new job that pays the amount required and work there for the 6 months.

Accommodation - if you are going to rent somewhere the things you need to consider - you should rent it on the basis that the landlord knows it it for a couple in the future. This has to be in writing
She can’t be named on the rental lease agreement because she has no right of residency in the UK and the law prevents landlords renting to those that don’t.
You will also need a document from the council to state the accommodation is suitable for two adults.

I am assuming you are going to the States to get married?

[seagul]

At the moment I'm with my parents but will be moving out before we send in her spousal visa application.

If possible then continue to live there until the application gets approved because at parents accomodation you might meet easily the accomodation requirement unless you buying your own home or renting where landlord issue you noc letter and allows home inspection (if its sharing). If you have savings then you can use them to cover shortfall in meeting financial requirement.

[TL545]

Salary - you have to either have a standard salary of £18,600 or above then you can send in 6 months of payslips or if your standard salary is below £18,600 and you do either secondary working/ other job / overtime then you will have to supply 12 months of payslips. The lowest monthly income over the 12 month period is multiplied by 12 to give you the figure they work with if you are relying on overtime so even if you were to work overtime now it would be a year before it would have an impact.

The only real solution is to get a new job that pays the amount required and work there for the 6 months.

Accommodation - if you are going to rent somewhere the things you need to consider - you should rent it on the basis that the landlord knows it it for a couple in the future. This has to be in writing
She can’t be named on the rental lease agreement because she has no right of residency in the UK and the law prevents landlords renting to those that don’t.
You will also need a document from the council to state the accommodation is suitable for two adults.

I am assuming you are going to the States to get married?

This is super informative, thank you so much.

If I'm at my parents at the moment, what documentation would be suitable if we were to use this place to temporarily live after she comes over to the UK before getting a place of our own?

You're correct - I'll be traveling to the USA to get married before leaving again.