Spouse Visa while visiting UK

[FyllCee]

I've searched through the forums but cannot find any information specific to our situation.

We are both NZ citizens and our situation is:
- I am also British Citizen by descent and came to the UK in August 2016 on my New Zealand passport
- My wife of many years came with me and also entered the UK on a NZ passport
- We both got a "leave to enter for 6 months" stamp on our NZ passports
- We then left the UK after 4 weeks and went on holiday in France
- I travelled back to the UK on a new British Passport and my wife returned on her NZ passport
- She got a fresh "leave to enter for 6 months" stamp in her NZ passport
- We intend to now settle and work in the UK

Question: Can my wife now apply from within the UK for a Spouse Visa? If so what is the correct form?

Thanks in advance for any sources of help you can give.

[CR001]

No she cannot. She has to apply from home country. A person in the UK as a visitor is not permitted to "switch" to other visa categories. It is VAF4A from abroad.

You need to meet the financial requirement and provide 6 months evidence (payslips and bank statements).

She has to pay the £600 immigration health surcharge in addition to the £1,195 visa fee. She is NOT entitled to use the NHS as a visitor.

[Kiwelshi]

As long as you can meet the financial requirement and evidence of a subsisting relationship then applying from NZ is pretty straight forward. I have just completed the process, once you have the relevant documents done and visa and IHS paid booking biometrics can be done within a week and then documents sent to Manila for processing. We paid for priority service and had visa and passport back within 3 weeks.

I also wanted to apply for a spouse visa when I was in the UK in 2015 and there is no option, wife will need to apply from NZ.

I overstayed in 2015 and had a 5am wake up call and was taken to a detention centre then had to return to NZ. I am an NZ citizen with a British wife

[Casa]

+1 Kiwelshi This post illustrates the harsh reality of attempting to overstay as a spouse having entered as a visitor.

In order to comply with the minimum income rule in order to sponsor a Spouse settlement visa your options are:

Your wife returns alone to NZ and she applies once you can show employment in the UK for 6 months earning £18,600 pro-rata.
OR
*As the sponsor you show earnings the equivalent of £18,600 in NZ for the 12 month period prior to submitting the application
AND
A confirmed job offer in the UK to start within 3 months of arrival, again with an annual salary of £18,600
*(This may no longer be open to you due to the break in NZ employment)
OR
You show £62,500 in savings, held in an accessible account for 6 months prior to submitting the application.

It would be wise to heed Kiwelshi's advice. If your wife overstays she will have no access to NHS treatment, no ability to open a bank account, hold a driving licence, or take employment. Landlords are now required to ask for proof of right to reside or face a substantial fine.

https://www.gov.uk/join-family-in-uk/overview

[FyllCee]

Wow! Thanks for the comprehensive and timely responses. This forum really works!
Fortunately we have plenty of time for my wife to return to NZ before 6 months runs out, and it will be mid winter by then so probably not a bad idea (I think I will go with her...).

Can the Family Life as a partner (10 yr route) be used? If so are there any advantages?

[Casa]

No, she doesn't qualify for the FLR(FP) family route as she is able to apply under the UK Immigration Rules for a spouse visa from outside of the UK and is unable to switch to any other category as a visitor.

As your wife's sponsor, how do you intend to meet the mandatory £18,600 p.a minimum income level (as I've set out in my previous post)

Without judging, regrettably this is an example of why so many visitor visas are refused for spouses.

[FyllCee]

I plan to be working as an I.T. contractor in the UK and we have rental income from our house in NZ plus good income from jobs in Australia in the last 8 months.

Before we left NZ in Dec 2015 I got my accountant to certify tax returns and self employed income records going back 2 years, averaging $NZ60k PA.

We don't plan to apply for a Spouse Visa until I have a contract offer here in the UK.

Another question; will my wife's presence here in the UK for up to 6 months as a visitor, count against here in any way once she applies from NZ?

[Kiwelshi]

No issues what so ever, I had a 6 month visitor visa, stayed for 9 months (not recommended!!!!). But it had no affect on spouse visa application. Just make sure you have all your ducks in a row when it comes to the paperwork....

[Casa]

Not unless she has any unpaid NHS bills. Bear in mind that any employment you secure in the UK will require guaranteed annual earnings of at least £18,600.

Also, if you have been absent from NZ since Dec 2015 you will be unable to qualify with the 'most recent 12 months NZ salary before submitting your application'. In other words the earnings prior to Dec 2015 will be disregraded as irrelevant.

Therefore, you can either work for a further 12 months on your return to NZ showing the equivalent of £18,600 earnings during the 12 month period
AND
Have a confirmed job offer to start within 3 months of your arrival in the UK, again earning £18,600 p.a

OR
Return to the UK ahead of your wife and wait until you can show 6 months of employment (not self-employment) @ £18,600 p.a pro-rata.

Do you have savings? These can be joint.

[FyllCee]

We have $20k NZ savings.
If we applied in March 2017 my most likely evidence will be income since March 2016 (overseas services paid in $NZ into my NZ bank account) and income earned in the UK between now and March 2016. I can provide copies of my contract with the Queensland Government plus bank statements of deposits into my NZ business account, plus drawings from the business account into my personal account.

I could also provide bank statements showing rental income payments in $NZ.

I could also show transfers from my NZ account to my UK account.

Is that the sort of trail they would need?

[Casa]

We have $20k NZ savings.
If we applied in March 2017 my most likely evidence will be income since March 2016 (overseas services paid in $NZ into my NZ bank account) and income earned in the UK between now and March 2016. I can provide copies of my contract with the Queensland Government plus bank statements of deposits into my NZ business account, plus drawings from the business account into my personal account.

I could also provide bank statements showing rental income payments in $NZ.

I could also show transfers from my NZ account to my UK account.

Is that the sort of trail they would need?

I assume you mean income earned in the UK between now and March 2017? What would the source of that income be? Employed? Self-employed?

Only savings over £16,000 will qualify. Currency conversions show that at present 20,000 NZ dollars = £11,273.90. This will be disregarded as under the required £16,000.

I've read through the guidance again. If you have been self-employed in NZ you will need to submit the last 12 months accounts prior to submitting the application.

If you have been employed you only need to show pro-rata annual earnings of £18,600 for the 6 months period, immediately prior to submitting the application + the UK job offer starting within 3 months.

I suggest you read through the guidance thoroughly to see how your finances will qualify. 6.2.1 explains rental income.

https://www.gov.uk/government/uploads/s ... rement.pdf

Edit: I see that you have been employed in Australia, not in your home country New Zealand.

[FyllCee]

Between now and March 2017 I could work in the UK as either an employee of an employment business (Agency) or direct through my own UK company.

I worked in Australia for 4 months through an umbrella company and was not a tax resident in Australia. I was paid in $NZ by my NZ company.

All going well I should have no problems showing pro-rata annual income of £18,600 by March 2017.

Thanks for your input.

[Casa]

Between now and March 2017 I could work in the UK as either an employee of an employment business (Agency) or direct through my own UK company.

I worked in Australia for 4 months through an umbrella company and was not a tax resident in Australia. I was paid in $NZ by my NZ company.

All going well I should have no problems showing pro-rata annual income of £18,600 by March 2017. Not if these are through self-employment. 12 months accounts from the last tax year would be required with HMRC verification.
Also for self-employment the £18,600 is after allowable business expenses have been deducted. i.e the nett amount on which HMRC calculate for tax.

As advised in my previous post, I recommend you read through the UKVI official guidance in the link I posted.


Thanks for your input.