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Accommodation for spouse

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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awz1
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Accommodation for spouse

Post by awz1 » Sat Jul 27, 2013 3:48 pm

I am a student studying in Leicester (UK) but have a permanent address in York (UK) where I live with my parents. Would it be ok for me to use my address in York as it is my permanent home address, I don't actually live in Leicester and I commute there by driving 2 days per week. The nature of my studies does not require me to be in university everyday.

The reason I ask is that where I study ( and earn a scholorship) is very far from where my address is and I thought the UKBA might not see it as a genuine situation. What documents could I use to prove this? I understand this may not be a huge issue as I meet all the requirements or a spouse visa but this is causing me a great deal of stress!

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Post by Amber » Sat Jul 27, 2013 5:12 pm

Do you meet the other requirements for the spouse visa, I.e. financial?
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awz1
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Post by awz1 » Sat Jul 27, 2013 5:26 pm

D4109125 wrote:Do you meet the other requirements for the spouse visa, I.e. financial?
Yes I meet the financial requirement through my PhD studentship

awz1
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Post by awz1 » Sun Jul 28, 2013 3:50 pm

D4109125 wrote:Do you meet the other requirements for the spouse visa, I.e. financial?
Could someone advise me on any requirements in terms of documents that I may need to prove this?

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Post by Amber » Sun Jul 28, 2013 6:50 pm

See page 35 of Annex FM (click)
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awz1
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Post by awz1 » Sat Aug 10, 2013 1:17 pm

Hello. I was just wondering if I could apply under category A.

I have a part time job which pays me £4000 per year. I also am a PhD student. Currently I have 6 months of funding left and I have had this funding for the past 3 years. This funding is at £16427 tax free, so around £20000 gross.

Do I meet the financial requirement in category A. I currently earn over the £18,600 limit by combining the two sources together.

Good luck to anyone applying for a visa.

Any help appreciated.

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Post by Amber » Sat Aug 10, 2013 1:25 pm

Category A and C can be combined.
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Post by awz1 » Sat Aug 10, 2013 3:21 pm

D4109125 wrote:Category A and C can be combined.
Hi thanks for your reply. If I was to apply after my university funding finished, could I still use the bursary as non-employment income over the past 12 months? I ask because of the following

5.14The gross amount of any specified non-employment income received by the
applicant‟s partner, the applicant or both jointly in the 12 months prior to the
application, provided they continue to own any asset on which that income was
based (e.g. property, shares) at the date of application;

It is talking about an asset. The bursary is not an asset, so I was wondering what would apply here. Could I still use it

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Post by Amber » Sat Aug 10, 2013 4:17 pm

6.4.1. Of Annex FM 1.7 (click) says where the stipend is or will be paid, not has been paid. I suggest you read the relevant chapters in Annex FM carefully.
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Post by awz1 » Sat Aug 10, 2013 4:48 pm

D4109125 wrote:6.4.1. Of Annex FM 1.7 (click) says where the stipend is or will be paid, not has been paid. I suggest you read the relevant chapters in Annex FM carefully.
So back to my original question, could I currently combine my stripend and employment income? I will be paid the stripend in the future too.

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Post by Amber » Sat Aug 10, 2013 4:58 pm

D4109125 wrote:Category A and C can be combined.
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Post by awz1 » Sat Aug 10, 2013 5:09 pm

D4109125 wrote:
D4109125 wrote:Category A and C can be combined.
Only thing I am worried about is that I have 6 months left, whilst it says a minmum of 12 months further funding required when using a stripend in category C? As I am combining categories will this matter?

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Post by Amber » Sat Aug 10, 2013 5:33 pm

Annex FM wrote:
6.4.1. Where an academic maintenance grant or stipend is, or will be, paid on a tax-free basis, the amount of the gross equivalent can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence.
The question is, does the highlighted text relate to a previous payment or a future payment within the following 3 months?
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Post by awz1 » Sat Aug 10, 2013 6:44 pm

D4109125 wrote:
Annex FM wrote:
6.4.1. Where an academic maintenance grant or stipend is, or will be, paid on a tax-free basis, the amount of the gross equivalent can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence.
The question is, does the highlighted text relate to a previous payment or a future payment within the following 3 months?
My grant commenced in October 2011. However it does not say "did commence" but "will commence" so I am assuming it means a future payment in the 3 months. So by this I can assume that I cannot apply using my part time job and bursary?

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Post by Amber » Sat Aug 10, 2013 6:56 pm

awz1 wrote:
D4109125 wrote:
Annex FM wrote:
6.4.1. Where an academic maintenance grant or stipend is, or will be, paid on a tax-free basis, the amount of the gross equivalent can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence.
The question is, does the highlighted text relate to a previous payment or a future payment within the following 3 months?
My grant commenced in October 2011. However it does not say "did commence" but "will commence" so I am assuming it means a future payment in the 3 months. So by this I can assume that I cannot apply using my part time job and bursary?
Indeed, how long is your stipend for and will it be renewed?
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Post by awz1 » Tue Aug 13, 2013 12:17 am

D4109125 wrote:
awz1 wrote:
D4109125 wrote:
Annex FM wrote:
6.4.1. Where an academic maintenance grant or stipend is, or will be, paid on a tax-free basis, the amount of the gross equivalent can be counted towards the financial requirement. The person must be currently in receipt of the grant or stipend or will be within 3 months of the date of application, and the grant or stipend must be payable for a period of at least 12 months from the date of application or from the date on which payment of the grant or stipend will commence.
The question is, does the highlighted text relate to a previous payment or a future payment within the following 3 months?
My grant commenced in October 2011. However it does not say "did commence" but "will commence" so I am assuming it means a future payment in the 3 months. So by this I can assume that I cannot apply using my part time job and bursary?
Indeed, how long is your stipend for and will it be renewed?
My stripend began in 2010 and will end in just under 12 months. I am confused. I have an income which will count for £0?

Surely this statement:

(ii) Personal bank statements for any part of the 12-month period prior to the date of the
application during which the person has been in receipt of the grant or stipend showing the
income was paid into the person's account.

allows the use of the bursary previously paid.

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Post by Amber » Tue Aug 13, 2013 11:11 am

6.5.1 10(g) wrote:
(g) Maintenance grant or stipend income (not a loan) associated with undergraduate
study or postgraduate study or research:
(i) Documentation from the body or company awarding the grant or stipend confirming that
the person is currently in receipt of the grant or stipend or will be within 3 months of the date
of application, confirming that the grant or stipend will be paid for a period of at least 12
months
from the date of application or from the date on which payment of the grant or
stipend will commence, and confirming the annual amount of the grant or stipend. Where
the grant or stipend is or will be paid on a tax-free basis, the gross equivalent amount may
be counted as income.
(ii) Personal bank statements for any part of the 12-month period prior to the date of the
application during which the person has been in receipt of the grant or stipend showing the
income was paid into the person's account.
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