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Switching from Tier 4 to Spouse Visa, studies?

Family member & Ancestry immigration; don't post other immigration categories, please!
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Zach93
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Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Thu Apr 20, 2017 7:39 pm

I'm planning to switch to a spouse visa from a tier 4 general visa. My current tier four visa(granted for 1.6 years) expires on Jan/31/2018 and I'm studying a Master degree. My master degree completes on 31 of September 2017. My question is what would happen to my tier 4 visa if my application for the spouse visa is successful? am I still able to continue and finish my studies under the new visa? I have read that i would need to inform my university and have them inform the home office that they will no longer be sponsoring me. i am just very confused at this point. pls help. any help is greatly appreciated. thanks in advance

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CR001
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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by CR001 » Thu Apr 20, 2017 7:49 pm

Your Tier 4 visa will be cancelled if you are granted a spouse visa.

You have an obligation to inform your university of your change in visa status. You will still be able to study as this is permitted on a spouse visa.
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Zach93
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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Thu Apr 20, 2017 8:02 pm

Thank you so much for your prompt reply. really appreciate it. I was concerned at first because I have 5 months left till completion of my master degree and I really want the master degree. my fear is that the cancellation of tier 4 would mean that, I could no longer be able to continue the existing master degree on a new visa.

thank you so much. I'm delighted to know that I can continue to study my master which means I do not have to postpone the application for the spouse visa.

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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by sah10406 » Fri Apr 21, 2017 8:03 am

Zach93 wrote:I was concerned at first because I have 5 months left till completion of my master degree and I really want the master degree. my fear is that the cancellation of tier 4 would mean that, I could no longer be able to continue the existing master degree on a new visa.
To confirm, anyone with any type of visa can study if they wish, except if your visa restricts you to certain types of study (Tier 4, short term student, standard visitor). There is only one type of visa with a study prohibition, but it is quite rare: parent of a Tier 4 child.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Mon Apr 24, 2017 3:23 pm

I'm currently on a tier 4 general visa, study period is a year but was granted 16 months. thank for the guidance.

im not sure if i can continue to ask a different question on this thread. my partner(sponsor) is wondering whether paid holiday are counted towards the financial requirement. he is in a non-salaried employment. the paid holiday are registered as holiday pay on a separate column with the working hours, but are totalled together.

thank you

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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by CR001 » Mon Apr 24, 2017 3:27 pm

Yes they are counted. Please ask your spouse visa questions in the 'Immigration for family members' sub forum.
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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Mon Apr 24, 2017 5:03 pm

Thank you and noted. sry

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2 years living together a condition for married couple?

Post by Zach93 » Sun May 28, 2017 1:59 am

hi, im doing the online application for leave to remain with family and i came across this question, "Living with your partner" "yes" or "no", if yes When did you start living together in a relationship?

and under these question there is a checkbox for declaration:

a)
Items of correspondence addressed to ********* and ********* at the same address as evidence you have been living together since your last grant of leave in this category, or from the date you first started living together, covering the last 2 years

You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example - 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.

Documents provided must be originals. Examples of acceptable items include:

Letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
Letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
Bank statements or letters
Building society savings books or letters
Council tax bills or statements
Electricity or gas bills or statements
Water rates bills or statements
Mortgage statements or agreement
Tenancy agreement(s)
Telephone bills or statements

or


b)
If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.

I confirm I will provide:


A letter from relative(s) or friend(s) confirming I or my partner lived with them for some or all of the 2-year period.

my question is therefore, what is this two year period? if i recall correctly under the eligibility tab under government page there is no need to be living together for 2 years.

under the partner route guidance:

"Partner routes
Partners are 2 people who are 18 or over and in a genuine relationship - you must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply."

it says one of the following, therefore, does it mean i do not need to be living with my partner for 2 years. we are married in registry office and has been married for 3 weeks prior to application. i Have been on 2 tier 4 student visa since 2015 but has not been living together for 2 years. Only has been living together for 11 months 8 days in the same address with prove.

please help clarify this.

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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by vinny » Sun May 28, 2017 2:03 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by vinny » Sun May 28, 2017 2:05 am

The two-year living together, akin to marriage, requirement is only for unmarried partners (GEN.1.2.(iv)).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Zach93
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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Sun May 28, 2017 2:51 am

thank you

Zach93
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calculation for financial requirement for leave to remain

Post by Zach93 » Thu Jun 01, 2017 9:37 pm

I'm a bit confused with regards to the difference between 'total gross pay' and 'gross for tax'. it seems that the 'gross for tax' is the amount after deduction of employer pension but not national insurance and income tax. while 'total gross pay seems to be the exact remuneration based on the hours worked.

my question is do I use 'total gross pay' or 'gross for tax' for calculation for annualised average income, [18600 under category A (6 months) using 26 weekly wage slips(non-salaried].

under PAYE from HM Revenue & Custom, the information for 'Taxable income from the company' uses gross Gross for Tax as weekly taxable income. from the example below, the amount classed as taxable income is 645.03.

example of the wage slip,

hours worked at 7.50 per hour..................................... 7.5 x 56 hours = 420.00
Sleep ins at 57.60 per night ............................................... 1 x 57.60 = 57.60
Holiday Pay at 7.20 per hour ................................................ 7.20 x 24 = 172.80
Total Hourly pay .................................................. .................................... 650.40
Total Payments .................................................. ..................................... 650.40

(Deductions)
Income Tax .................................................. ............................................ 84.60
National Insurance......................................... ............................................ 59.21
Now Pensions Weekly............................................ ....................................... 5.37
Total Deductions........................................ ..............................................149. 18

This Period
Total Gross Pay............................................... ..........................................650.40
Gross for Tax............................................... .............................................645.0 3
Earnings for NI................................................ .........................................650.40

Payment period : Weekly

NET PAY............................................... .................................................. .501.22

Zach93
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confused with the wording of appendix fm se

Post by Zach93 » Fri Jun 02, 2017 6:56 am

my partner has been in a non-salaried employment working on a weekly rota.

under the finance part on the online application for FLR M, the following was asked:

Have they been employed by the same employer for the last 6 months prior to the date of application? i inserted 'Yes '

What do they earn?
i inserted 'Not the same amount continuously, above the financial requirement amount'

What is their annual income before tax for this employment in GBP (£)?
i followed the formula where you add all 6 months and divide 6 multiple 12, and inserted 20 089.68.

then it asked me to check the declaration box, declaring i will provide the following documents.

Payslips covering any period of salaried employment (current and previous) in the period of 12 months prior to the date of application
A letter from the employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)
Personal bank statements corresponding to the same period(s) as the payslips showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly

since my partner is paid by hour, no minimum pay, it is therefore non-salaried employment and using the formula of total 6 months divide 6 multiple 12, this would be the gross annual salary. am i right?

for the employment letter, does the calculation need to be shown? or just a statement saying gross annual salary is 20089.68.

under FM SE, "18(e) For the purpose of paragraph 13(a)(i), in respect of a person in non-salaried employment at the date of application “the level of gross annual salary relied upon in the application” shall be no greater than the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application, where that employment was held throughout that period.", what does it mean? and what is gross annual salary relied and what is annual equivalent of the person's average gross montly income? does this apply to my case?

the letter from employer confirming gross annual salary, how is the calculation done?
because he has not worked for 12 months, therefore if i used the total earned before tax and pensions for 6 months period divided by 6 multiple by 12, this would give the estimated gross annual salary?

is it a requirement to have been working for 12 months? since it requested for pay slips covering 12 months.


the question 'what do they earn', which category of the answer provided would suit my case

What do they earn?

The same amount continuously, above the financial requirement amount

The same amount continuously, below the financial requirement amount

Not the same amount continuously, above the financial requirement amount

Not the same amount continuously, below the financial requirement amount

I have chosen' Not the same amount continuously, above the financial requirement amount', is this correct.

thank you so much for clarifying.

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Re: Switching from Tier 4 to Spouse Visa, studies?

Post by vinny » Fri Jun 02, 2017 8:15 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Zach93
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Joined: Thu Apr 20, 2017 7:25 pm

Re: Switching from Tier 4 to Spouse Visa, studies?

Post by Zach93 » Fri Jun 02, 2017 8:46 am

any guidance would be much appreciated. thanks

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