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Spouse Visa Ex - Financial Req - What exactly

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Lord_Brown
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NARIC/UK Director Spouse Visa Renewal Question

Post by Lord_Brown » Mon Dec 28, 2020 8:09 pm

Dear all,

Hope you are all enjoying a wonderful and safe Christmas break.

Would love for some help with the below - Its that time now when I have to renew my wife's spouse visa but this online application is so daunting.

1. Visa expires March 06, am I right in thinking I can apply anytime from 06 Dec 2020? Unfortunately both of us got struck by covid not allowing enough time to look at this properly and we were banking on the super priority service...

2. She has passed her A2 test recently but the checklist is asking for NARIC also? I'm assuming its this question that triggers it - "Do you have a degree that was taught in English?" which is Yes as its India but unfortunately I have to answer No to "does it meet the English requirement". Whats the recommended advice for this please?

3. Financial Requirement - Both me and her are employed FT earning more than the threshold each however in my part, it asks - Are you a director or non-executive director of a limited company based in the UK? I own a startup company on the side but I'm not using it for the purpose of this application. If I tick yes - it asks me for evidence but if I tick no - It's not strictly true. The company is not generating money at all so not sure what evidence is needed for this. Whats the recommended advice for this please?

Thanks in advance for your guidance.

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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by CR001 » Mon Dec 28, 2020 8:12 pm

1. Depends on the date she entered the UK on a spouse visa?? Unclear why you believ you can apply 3 months in advance.

2. You have obviously ticked yes to the degree question. Tick no to the degree question if you are using the English test instead of a degree.

3. Tick no as you are not replying on that income for the financial requirment.
Char (CR001 not Casa)
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Lord_Brown
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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by Lord_Brown » Mon Dec 28, 2020 8:23 pm

Dear CR001,

Many thanks for the swift reply.

For points 2 and 3, the online digital journeys are like a legal document and the question is worded in such a way especially without subtext, selecting the opposite feels like perjury. If you are sure, many thanks for clearing this up quickly.

For point 1:
BRP issued 30-05-2018
Arrival in UK 15-06-2018
BRP valid until 06-03-2021

I thought the guidance was anytime after 30 months (2 years 6 months) but before 33 months. Please kindly clarify if this is wrong?

Thanks in advance.

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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by CR001 » Mon Dec 28, 2020 8:26 pm

The degree question is only relevant to meeting the English requirment. Ukvi don't care for any other reason what the qualifications are.

You can apply within 28 days before reaching 30 months residnece counted from the date of entering the UK.
Char (CR001 not Casa)
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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by Lord_Brown » Mon Dec 28, 2020 8:39 pm

Dear CR001,

sincere apologies - covid has had a bad effect on brain cognition, just recovered yesterday morning - just to be blunt on the below please.
You can apply within 28 days before reaching 30 months residence counted from the date of entering the UK.


Date of Entry to UK: 15-06-2018
30 months since entry to UK: 15-12-2020
28 days before reaching 30 months: 17-11-2020
BRP valid till: 06-03-2021

Its been 41 days since 17 November, am I too late to apply now? if not, when's the latest I can apply by before the BRP expires on 06-03-2021?

Thanks in advance.

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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by CR001 » Mon Dec 28, 2020 8:43 pm

The 28 days before is the earliest you can apply. The latest you can apply is by the visa expiry date.
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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by Lord_Brown » Mon Dec 28, 2020 9:06 pm

Thanks much CR001. Your quick replies have reduced untold stress, a different kind of Santa spreading information cheer :-)

So looks like I'm quite safe to apply still and also I have now said No to Degree taught in English for her and I have said No to the fact I'm a director of a UK limited company.

I hope I don't have to post again but may end up with 1 or 2 more before finally renewing.

Thanks for all your help.

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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by TODMATT » Mon Dec 28, 2020 9:20 pm

Lord_Brown wrote:
Mon Dec 28, 2020 9:06 pm
Thanks much CR001. Your quick replies have reduced untold stress, a different kind of Santa spreading information cheer :-)

So looks like I'm quite safe to apply still and also I have now said No to Degree taught in English for her and I have said No to the fact I'm a director of a UK limited company. No to both question since you are not using your company to meet the requirement otherwise if you tick yes, it will automatically move you into ltd route.

I hope I don't have to post again but may end up with 1 or 2 more before finally renewing.

Thanks for all your help.
My opinions should not be constituted as an immigration or legal advice.

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Re: NARIC/UK Director Spouse Visa Renewal Question

Post by bathanza » Tue Dec 29, 2020 7:58 pm

About point 3: husband was in the same situation with a company/directorship. Wasn't making enough to cover financial requirements and we ticked no. Have had successful visa application FLR M.

You have some time to prepare if your visa runs out in a few months time..take it easy and recover from your illness okay,!

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

Lord_Brown
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Spouse Visa Ex - Financial Req - What exactly

Post by Lord_Brown » Fri Jan 01, 2021 1:17 pm

Dear all,

Happy New Year!

Please hope somebody can guide me on this.

Financial requirement is £18600, both me and my wife earn more than this with FT employment. Originally on the spouse visa I just used my evidence and now that she is working also, I decided to use hers too.

She had 1 month break in July while she moved jobs which only gives her 5 months payslips.

If I answer No to this question "Have they been employed by the same employer for the last 6 months prior to the date of application?" - then I have the opportunity to add here previous employment unto June but then it asks for a ton of evidence including payslips, P60's, signed letter of contract etc. Most of these should be producible but I'm increasing the risk of error.

Can I just exclude here completely from the finance part of it and only include mine? Will UKVI scrutinise the bank balance at the end of each month etc as I spend almost all of it and some i.e. are they only interested in X in or Y at the end of the month? Not sure if anybody knows what is it exactly that UKVI want in this aspect.

If I exclude her employment, the documentation part becomes easier...

Thanks in advance.

TODMATT
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Re: Spouse Visa Ex - Financial Req - What exactly

Post by TODMATT » Fri Jan 01, 2021 1:25 pm

Lord_Brown wrote:
Fri Jan 01, 2021 1:17 pm
Dear all,

Happy New Year!

Please hope somebody can guide me on this.

Financial requirement is £18600, both me and my wife earn more than this with FT employment. Originally on the spouse visa I just used my evidence and now that she is working also, I decided to use hers too.

She had 1 month break in July while she moved jobs which only gives her 5 months payslips. If your partner moved jobs, you will need under CAT B instead of CAT A.

If I answer No to this question "Have they been employed by the same employer for the last 6 months prior to the date of application?" - then I have the opportunity to add here previous employment unto June but then it asks for a ton of evidence including payslips, P60's, signed letter of contract etc. Most of these should be producible but I'm increasing the risk of error. Because your wife has moved jobs so therefore she has not been working continuously for the period 6 months.



Can I just exclude here completely from the finance part of it and only include mine? Will UKVI scrutinise the bank balance at the end of each month etc as I spend almost all of it and some i.e. are they only interested in X in or Y at the end of the month? Not sure if anybody knows what is it exactly that UKVI want in this aspect. You are better off using your income to meet the financial requirement and apply under CAT A as long as you have been there for 6 months.

If I exclude her employment, the documentation part becomes easier...

Thanks in advance.
My opinions should not be constituted as an immigration or legal advice.

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Re: Spouse Visa Ex - Financial Req - What exactly

Post by Korekt » Fri Jan 01, 2021 9:59 pm

Lord_Brown wrote:
Fri Jan 01, 2021 1:17 pm
Will UKVI scrutinise the bank balance at the end of each month etc as I spend almost all of it and some i.e. are they only interested in X in or Y at the end of the month? Not sure if anybody knows what is it exactly that UKVI want in this aspect.
They will be looking at the bank statement for evidence that you meet the income requirement, not necessarily your expenditure.
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