Spouse Visa - Married to a British Passport Holder

[guddianigam]

Hi,
I (indian) and my husband (british citizen) have been married since 18th March 2014. We got married in UK as I am on a valid HSMP visa which expires in April 2016. After that due to some circumstances I had to come to India. I and my husband came to india in June 2014.
Now we are planning to move back to UK.
I got married to my husband while on HSMP visa (Expire - April 2016), now I want to change my status to his dependent.

1) Please advice if we can do this from India itself before going to UK?
2) If not then can I enter UK now with my husband and start my process from UK itself?
3) Will it be enough time for us to process it till my current visa expires?
4) In case my husband has to go before me, and then we need to apply, then how long we need to wait before applying?
5) I have Bachelor's degree which is listed under Points Based Calculator of UKBA, so do I need to give english language test?
6) Does he need to show £18,600 in his account?
7) If yes, then is this fixed amount excluding expenses or is it like HSMP visa, like a running bank statements?
What will be the procedure for me to get it as soon as possible.

Thanks

[CR001]

1) Please advice if we can do this from India itself before going to UK?
You apply from India. I am not sure if your you can enter on your current visa as I am not familiar with the terms and as you have been absent and not working etc.

2) If not then can I enter UK now with my husband and start my process from UK itself? See #1 above

3) Will it be enough time for us to process it till my current visa expires? Processing times in India can be a few weeks to a few months. Search for the timeline thread and have a look.

4) In case my husband has to go before me, and then we need to apply, then how long we need to wait before applying?
He needs to prove 6 months income (payslips and bank statements, accommodation etc.

5) I have Bachelor's degree which is listed under Points Based Calculator of UKBA, so do I need to give english language test?
Should be fine.

6) Does he need to show £18,600 in his account?
He needs to meet the financial requirement yes. It does not mean he has to have this amount in his bank account. It means he must be earning a minimum of £18,600pa to be able to sponsor you

7) If yes, then is this fixed amount excluding expenses or is it like HSMP visa, like a running bank statements?
See #6

What will be the procedure for me to get it as soon as possible.
Have you looked at the form and guidance notes yet??

https://www.gov.uk/government/publicati ... form-vaf4a

[guddianigam]

Thank you for your reply.

HSMP - Tier 2 visa Extension valid till April 2016.
Will I still have an option to go to UK and apply for spouse? If not then don't answer this question, I have got your answer above.

Will I be allowed to work on my spouse visa, as I have read some places that I can work if I am dependent on British citizen.

[CR001]

Surely your Tier 2 General is not valid if you are no longer working in the UK for your sponsor? If you left your sponsors employment, your visa will have been curtailed/cancelled.

What is your HSMP/Tier 2 visa history? HSMP hasn't been available for a number of years.

Yes, you can work on a spouse visa.

[guddianigam]

I applied for my HSMP extension in April 2013 which is valid till April 2016.

I was running my own business, on which basis I had applied for HSMP.
Because I have been out of the country for a while, there is no money intake in the account.

[CR001]

When did you apply for your first entry clearance visa to the UK?

You mention Tier 2 - you are not allowed to work for yourself unless you mean you had a Tier 1 General visa? Tier 2 is employer sponsored.

[guddianigam]

Im so sorry for the wrong info. It is Tier 1 general. I had applied my 1st visa in 2011.

[guddianigam]

And also I was in UK since 2007, On student visa, then on PSW, then on Tier 1 in 2011, then extension on Tier 1 in 2013.

[CR001]

You could have qualified for ILR next year on Tier 1 G but your absence is too long.

It should be ok to return on your current visa and then switch to spouse visa (form FLR(M)) within the UK as long as you meet all the requirements including the financial requirement with 6 months evidence of payslips and bank statements.

Perhaps one of the other mods can confirm about returning on your Tier 1.

[guddianigam]

Thank you so much for your help and support.

Will wait for other mod's to reply on tier 1.