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New Rules for Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Curlygirly
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New Rules for Spouse Visa

Post by Curlygirly » Thu May 07, 2015 10:11 pm

Hello, I wondered if any of you could give some advice.

My fiancé is here from Uganda on a general visa- purpose to meet my family before we get married. It seems to make more sense to get married in Uganda then celebrate in UK on our return (in faith that Spouse visa is granted). However, the new rules to marry in the UK have been published but I don't really get how they were different from the last ones- he'd still have to show he needs to go back... Which is not our ultimate goal of being together in the UK.

We're researching the new rules- English Lang test and gathering supporting information for the Spouse visa but can't really see a way in which we can get married here without having to shell out for fiancé visa then spouse visa. Any ideas?

Much appreciated,

CG

WR1
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Re: New Rules for Spouse Visa

Post by WR1 » Thu May 07, 2015 10:18 pm

You can't switch from a visit visa to a spouse or fiance visa. Either way, your other half would have to go back and apply from their home country.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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Casa
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Re: New Rules for Spouse Visa

Post by Casa » Thu May 07, 2015 10:24 pm

An additional requirement for the spouse settlement visa is the NHS surcharge which is payable before submitting the application.
It will be £600 in addition to the visa fee. https://www.gov.uk/healthcare-immigrati ... n/overview
As you've been correctly advised, it isn't permitted to apply for a spouse visa from within the UK while on a visitor visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Curlygirly
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Re: New Rules for Spouse Visa

Post by Curlygirly » Thu May 07, 2015 10:33 pm

Hello- thanks for swift replies- yes we understand he will go back and apply for the second visa and had also spied the healthcare charge.

The marriage visa isn't really for us as we couldnt start life off here is my understanding.

We're thinking- he returns, get wed, apply for spouse visa. What's the time frame on it now- it was 33 months but now 27? Hard to find on website.

Many thanks

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CR001
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Re: New Rules for Spouse Visa

Post by CR001 » Thu May 07, 2015 10:43 pm

it was 33 months but now 27
No, the other way around. It used to be for 27 months and now the qualifying period for indefinite leave to remain is 5 years. Initial visa will be for 33 months and then he will have to apply for an extension for a further 2.5 years, meeting all the requirements again and paying the NHS surcharge again.

Do you meet the financial requirement of £18,600pa?
Char (CR001 not Casa)
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Curlygirly
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Re: New Rules for Spouse Visa

Post by Curlygirly » Thu May 07, 2015 10:47 pm

Excellent- thank you. I've read so much I'm confused!

We more than meet the 18,600. Over double, actually so hoping that'll be ok. Saying that, I've gone over my overdraft a couple of times so wondered if they took that into consideration.

I'm sure I'll be back on here for some advice as we're putting it together!

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CR001
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Re: New Rules for Spouse Visa

Post by CR001 » Thu May 07, 2015 10:50 pm

As long as you earn £18,600pa you will be fine. Your spouse (future) income will not be considered. It is only your income.
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RenuTimilsina12
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Re: New Rules for Spouse Visa

Post by RenuTimilsina12 » Fri May 08, 2015 9:19 am

Hi I am a British citizen. My wife applied spouse visa (flr(m)) and her visa is expiring in September 2015. It means her first half (2.5 years) is going to complete and she needs to extend again another half right? Does she need ielts test again?

shoaibsuleman
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Re: New Rules for Spouse Visa

Post by shoaibsuleman » Fri May 08, 2015 12:35 pm

Hi

I got my indiefinte on the basis of LR. Now im applying for FLR(M) for my wife. I got question about how to pay NHS Surcharge.

I added my wife detail for NHS surcharge then do I need to add the details of Main applicant as well(i.e. me)? It ask main applicant IHS number but I dont have one as I dont needed because i got my ILR. Also it ask for visa status, not sure what to select from that Drop down of catagory!

Can some one please help I got appointment on Tuesday for premium service and can't get my head around what to select.

rsulman
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Re: New Rules for Spouse Visa

Post by rsulman » Wed May 13, 2015 2:06 pm

@shoaibsuleman

I have the same problem, could you please tell us how did you do it eventually?

RS.

Curlygirly
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Re: New Rules for Spouse Visa

Post by Curlygirly » Wed May 13, 2015 2:14 pm

I agree the site isn't clear although I found their answers the same from the drop down regardless. Believe it's £600.

Bambino-fred
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Re: New Rules for Spouse Visa

Post by Bambino-fred » Thu May 21, 2015 5:49 pm

Do any of you very knowledgeable and very kind people know what is the new minimum language requirement for the fiance visa ?

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Casa
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Re: New Rules for Spouse Visa

Post by Casa » Thu May 21, 2015 6:05 pm

A1 level English. For future reference, please could members start their own thread? This one has been highjacked from the original poster and just becomes confusing. :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Curlygirly
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Re: New Rules for Spouse Visa

Post by Curlygirly » Mon Jun 15, 2015 6:31 pm

Hello- we are needing some advice again.

We're due to get married in one month and have been collecting our evidence.

1. Language test sat last week and awaiting results.
2. Health surcharge- registered but haven't paid. What are the time limits on that? Do we apply and if approved then it takes effect from then?
3. Health surcharge- do we tick the settlement, husband options instead of tier 2?
4. We meet the financial requirements, however, I just read something that states you or your partner need £945 in their account for 90 days min- although I think this is for a different visa.
5. On the sponsor form is has an official use only box on the second page- so do we need to do anything with this previous to applying or just put it in as part of our application.

I'd really appreciate your advice.

Thanks!

Can

sunildolly
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Re: New Rules for Spouse Visa

Post by sunildolly » Thu Sep 17, 2015 2:12 pm

Bambino-fred wrote:Do any of you very knowledgeable and very kind people know what is the new minimum language requirement for the fiance visa ?
Hi all
i have pass level a1 university of Cambridge Esol test.December 2011. plz any one tell-me is this certificate valid until 5 novmber 2015 or not

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