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Spouse visa Switch from 10 yer to 5 year route

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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smah
Junior Member
Posts: 53
Joined: Sat Jun 14, 2014 3:16 pm
United Kingdom

Spouse visa Switch from 10 yer to 5 year route

Post by smah » Tue Nov 01, 2022 6:55 am

Hello wonderful people and respected Admin+Moderators,
My husband was granted spouse visa on the Non standard 10 year route. His visa expires may 2023. We would like your kind advise on the following:

Now he is been working with an agency as a TA for over six months where if he worked full time he will get £400 a week which will bring it to £18600+ if he was in a school contract. But as he is agency he doesn't get paid during the holiday period. There were also weeks where he was given less work. This job is on payroll.

He also does live in care on self employed basis. Where he gets £1049 a month and this job started 4 months ago so he had 4 payment of that value. He have not done the self assessment as yet.

Q1. Can he switch to the 5 year route anytime!
Q2. Given the salary above will he be entitled for the 5 year route!
Q3. I do have UC benefits should they be of any avail towards the financial requirements!
Q4. Should it be feasible to apply for premium service as he was previously detained or they will call it complex case and no premium service!

Please do ask any further questions if it helps you advise better.

Thanks a million in advance.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Spouse visa Switch from 10 yer to 5 year route

Post by JB007 » Tue Nov 01, 2022 6:02 pm

smah wrote:
Tue Nov 01, 2022 6:55 am

Q3. I do have UC benefits should they be of any avail towards the financial requirements!

On your other thread, you were advised of the calculation to use he £40,000 savings in Bangladesh, to reduce the earning to make the 5 year route. And didn't you husband said in that thread, that he shown that money to support for a visa application for himself?
immigration-for-family-members/uk-spous ... 33-50.html

In that thread, you didn't respond to the question on whether you had told the benefits office that you had left the UK.

You still can't use your Universal Credit claim to meet the fianacial requirements. But why are you claiming Universal Credit? You can't claim Universal Credit if you have saving of £16,000 or over.
To claim you must:

live in the UK
be aged 18 or over (there are some exceptions if you’re 16 to 17)
be under State Pension age
have £16,000 or less in money, savings and investments
https://www.gov.uk/universal-credit/eligibility


You also had to add your partner to your UC claim. You had to declare your joint savings (as you are married, his savings are also your money).
https://www.gov.uk/universal-credit/cha ... cumstances

And your husband also had to tell UC of all his earnings and savings.
https://www.gov.uk/government/publicati ... or-couples

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Spouse visa Switch from 10 yer to 5 year route

Post by JB007 » Tue Nov 01, 2022 6:32 pm

smah wrote:
Tue Nov 01, 2022 6:55 am
Please do ask any further questions if it helps you advise better.

Thanks a million in advance.
If you have failed to tell the benefits agencies each time you left the UK; of your move back again to live in your husband's county; of your savings; not linked your partner to your UC claim etc, it is likey better for you to tell them rather than waiting for the eventual data matching of government departments. There is no time limit for fraud.

https://www.gov.uk/benefit-fraud

https://www.sentencingcouncil.org.uk/ou ... fit-fraud/

smah
Junior Member
Posts: 53
Joined: Sat Jun 14, 2014 3:16 pm
United Kingdom

Re: Spouse visa Switch from 10 yer to 5 year route

Post by smah » Tue Nov 01, 2022 9:16 pm

Hi,
Thanks for your kind response. Things has changed. You are entitled to criticise so no problem.
My husband had lost a big sum in business during Covid. So we don't have any savings.
And UC is aware of our whole situation thus we get the benefit and we have been living in the UK since my last post when we came to the UK.

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