SPOUSE VISA AND OVERSTAY

[manohar26]

Thanks a lot in advance for reading my situation...

Hi I am Indian went to UK for studies and overstayed my visa for 14 days and then came to India along with my girl friend who is a British Citizen and we stayed together for more than two months and got married as per the Indian Law and I sent her back to UK recently so that i can apply for my spouse visa

I am VERY VERY VERY much confused to apply for spouse visa successfully for the first time itself....i did complete few exams in my masters course and not the whole course and worked less than 20 hours in my entire period in UK...because of my girl friend indian visa, i overstayed for 14 days and then we gone back to India..we married each other leagally and now she has a job in UK and earns around 800 pounds a month and old employerr gave me a job offer letter as a shop assistant in his supermarket store but with a condition of me getting a visa on my own...we have all other legal docs such as marriage certificate,email contacts til to date and maintaining only FUNDS AROUND 500 POUNDS IN MY INDIAN ACCOUNT...my wife has a rented house in her name in UK and she has a job and her salary crediting to her bank account...she just joined her work a week back (she left the same job in the month of feb jus to come to INdia permanently and prior she worked for the same co for around 3 yrs and we have all the payslips and everything)

Can i apply for my spouse visa with the enough documents or do i need to show more funds in my account and if so how much and how long do i need to show in my account

I do have an offer letter frm UK supermarket and my wife has a job and a rented house,.....please please advise me as i am very confused and depressed as living without my wife for around a month

[skyepark]

your overstay wont count against you since you are married. admit the overstay. You sponser has to show that she can maintain you. you have to show

English language test( not applicable if you have done UK degree)

Finance (105.95 per week after rent and council tax) 6 months of bank statements and excel sheet to show monthly expenses (rent and council tax and the amount you have.) yours and hers.

Accomodation, tenancy agreement, floor plan photos

Relationship, ceremony pics and pics of you two throughout relationship, letters from friends. and family, travel tickets.

Please see other posts including mine.

[manohar26]

Thanks for the quick reply...I did my bacherlors degree in english in India with first class division and i hope that would be the exemption for me to write the english test.....

Unfortunately, my wife recently opened the bank few weeks back in UK and i have an indian account for more than 3 months ...is that ok??? or is it mandatory tht both of us should have an account minimum of 6 months old????

We do have the tenancy agreement and floor plan photos and what about the council tax bill??? we dont have council tax???


I am very confused abt the funds....is there any rule tht funds should be stay constantly atleast for 28 days or 3 months???....Please clarify my doubt

[skyepark]

Only a UK degree will exempt you from the English test, so you will have to take an english test.

You need to have proof of funds and yes this should be ideally 6 months, everybody in the UK pays council tax if you rent then your landlord should supply you with a council tax bill, you must show that you have 105.95 per week after bills, you will need a backlog of finances to show this. Best bet is to wait for at least 3 months of bank statements and also payslips.

[vinny]

Only a UK degree will exempt you from the English test, so you will have to take an english test.

That's incorrect.

[Casa]

Also Skyepark, apart from the fact that a Batchelor's Degree taught in English outside of the UK is acceptable, as Vinny's link will show, regarding the financial aspect;
A couple need only deduct rent or mortgage, council tax and any loan repayments to show the minimum of £105.95 weekly. Other bills and personal spending need not be included. For reference, the weekly minimum for a child is £62.33 per week.
If you aren't responsible for paying Council Tax (if it's included in your rent for example) then you won't be expected to submit a council tax statement.

[gotshakespeare]

A couple need only deduct rent or mortgage, council tax and any loan repayments to show the minimum of £105.95 weekly. Other bills and personal spending need not be included.

When you say loan repayments is that any loan repayment having to do with rent/mortgage and council tax or is that ALL loans including a personal bank loan?

Thank you!

[Casa]

Loans as in bank loan/credit card etc as you are legally required to make repayments on these.

[gotshakespeare]

Loans as in bank loan/credit card etc as you are legally required to make repayments on these.

Thank you! I knew about the weekly minimum but did not reallize that it included loan repayments. Do they just take into consideration my sponsor's income or do they take into consideration the money I would be making when I get a job? Would it be helpful if I included my tax returns from the past two years to show that I had been working and making money in the US even though I don't currently have a job lined up in England yet? Also, if they only take my sponsor's income into account do they just look at his contract from his employer or do they look at his payslips because he does overtime on top of that?

Thanks again you are always so helpful!

[Casa]

Although the UKBA may take your employability into consideration, they will only take your husband's earnings into the calculation. The minimum weekly amount of £105.95 is after rent/mortgage, council tax and loans/credit have been paid.
You will have to submit pay slips showing evidence of earnings.

[gotshakespeare]

The minimum weekly amount of £105.95 is after rent/mortgage, council tax and loans/credit have been paid.

If I am doing a monthly budget showing maintnenance for the evidence would I do 105.95 x 4 = 424 or would I do 105.95 x 52 / 12 = 459?

One more question (sorry) do they look at the payslips for before tax or after?

Thanks again!