UK Spouse Visa - Questions

[magicroundabout]

Hi Folks, 

 

Hoping for a bit of helpful advice - It seems strange as I was probably asking the same questions nearly 10 ago...so apologies (and thanks for the pinned topics with regards to the UK spouse information they are very informative and have really helped).

 

Background - My wife  had a UK spouse visa from 2013 - 2020 (extended with FLR). However, we had to return to Thailand in 2020 due to ill-health of her Mum.  Therefore, her FLR has expired.  The good news is her Mum is better the bad news is I've got to go through the process again to try and get her back!!   I've couple of questions I'm hoping you might be able to advise on in relation to the online application. We are hoping to put in the application mid-October.

 

Financial Requirement: I returned back to UK in May 2022 and started a new job at the same time.  I'm in a permanent job and my salary between May to September meets the annual requirement of £18,600. Am I correct in thinking this is sufficient (even thou is less than six months)?  

 

UK Travel History:  In terms of the question how many times (your Spouse) has  been to the UK in the last 10 years.  My wife was on a  spouse visa but we did go back to Thailand for Holidays (for 3-4 weeks most years).  I was going to answer this as once (on the basis it was one visa) and then explain in the additional notes section  that we returned on holidays etc and give the dates. Do you think this would be acceptable?  

 

Healthcare:  Naturally, we had paid the NHS surcharge.  However,  the question asks about Doctor visits and states you need to give dates of appointments.  My wife did have a couple of Doctors/Hospital visits during the seven years but we can't remember when. Again, I was just going to be honest and add this to additional information...Do you think this would be OK or should we remain silent?    

 

Any thoughts and advice would appreciated.

 

Cheers

 

 

 

Edited September 6, 2022 by magicroundabout

[Tony M]

Questions 2 and 3 would not be too difficult to explain in the application. However, the financial requirement could be a problem. It's not as simple as saying that you now earn 18,600 GBP or more a year. The calculation is an "annualised" salary based on your income in the 6 months prior to the date of application. If you apply in October, then you should possibly be okay (as you will have worked for more than 6 months), but the calculation also depends on whether you are in salaried employment (on an annual salary) or in non-salaried employment (on an hourly, weekly, etc rate). Without knowing your income/salary details we can't say whether you (will) qualify financially or not. 

 

You say that you wife was in UK until 2020 with FLR.  Did she not have ILR after 7 years in UK ?  If she had ILR, and has not been out of UK for more than 2 years, she might be able to return without a new visa. If she had ILR, and has been out of the UK for more than 2 years, it's also possible that she could qualify for a Returning Resident visa, depending on her, and your, circumstances.  

[magicroundabout]

19 hours ago, Tony M said:

Questions 2 and 3 would not be too difficult to explain in the application. However, the financial requirement could be a problem. It's not as simple as saying that you now earn 18,600 GBP or more a year. The calculation is an "annualised" salary based on your income in the 6 months prior to the date of application. If you apply in October, then you should possibly be okay (as you will have worked for more than 6 months), but the calculation also depends on whether you are in salaried employment (on an annual salary) or in non-salaried employment (on an hourly, weekly, etc rate). Without knowing your income/salary details we can't say whether you (will) qualify financially or not. 

 

You say that you wife was in UK until 2020 with FLR.  Did she not have ILR after 7 years in UK ?  If she had ILR, and has not been out of UK for more than 2 years, she might be able to return without a new visa. If she had ILR, and has been out of the UK for more than 2 years, it's also possible that she could qualify for a Returning Resident visa, depending on her, and your, circumstances.  

Hi Tony many thanks for the response: I've just realised that I made a mistake in my calculation so what I was thinking wouldn't work anyway!

 

I'm in permanent salaried employment (from 9th May 2022) = Salary is £40,600 per annum.  If I apply in October I would only be able to produce 5 wages slips with a salary during that period of £16,097.   However, I also receive a final salary pension (which I've received for the last two years) which is currently £10,623 per annum.  I receive monthly pay slips for my pension which would show 12 months total payment of £10,501.   Am I right this would meet the requirement under section B?  If not to be honest it wouldn't be too much of a hassle to wait until November before my wife submits her application. 

 

Unfortunately,  my wife only had FLR - We were getting ready to apply for ILR when she had to go back to Thailand (an expensive lesson for sure!).  

 

Any advice would be appreciated.  

 

Edited September 7, 2022 by magicroundabout

[Tony M]

3 hours ago, magicroundabout said:

Hi Tony many thanks for the response: I've just realised that I made a mistake in my calculation so what I was thinking wouldn't work anyway!

 

I'm in permanent salaried employment (from 9th May 2022) = Salary is £40,600 per annum.  If I apply in October I would only be able to produce 5 wages slips with a salary during that period of £16,097.   However, I also receive a final salary pension (which I've received for the last two years) which is currently £10,623 per annum.  I receive monthly pay slips for my pension which would show 12 months total payment of £10,501.   Am I right this would meet the requirement under section B?  If not to be honest it wouldn't be too much of a hassle to wait until November before my wife submits her application. 

 

Unfortunately,  my wife only had FLR - We were getting ready to apply for ILR when she had to go back to Thailand (an expensive lesson for sure!).  

 

Any advice would be appreciated.  

 

Yes, you would seem to qualify under Category B, but I would need to see your wage slip to be sure.

 

Your "annualised" income would be around 38,000 GBP (meeting Part 1 of Category B).  But the 16,097 GBP earned in the 12 months prior to the application doesn't meet Part 2 of Category B on its own. However with the 10,501 GBP pension income it does.

 

On the other hand, you would meet the requirement under Category A after 6 months employment with the same employer.

 

 

[magicroundabout]

19 hours ago, Tony M said:

Yes, you would seem to qualify under Category B, but I would need to see your wage slip to be sure.

Hi Tony thanks again....would it be OK if I pm'd you a copy? I'll blank any personal info.  Cheers  

[Tony M]

3 hours ago, magicroundabout said:

Hi Tony thanks again....would it be OK if I pm'd you a copy? I'll blank any personal info.  Cheers  

Of course, no problem.