Application for Spouse visa outside UK - Help

[pradz45]

Sorry if this post seems repetitive, every case seems to be different.
I have been trying to find some answers for myself.
I am getting married to my long term partner(British) in India and will be applying for spouse visa from there. We live with his parents in their house(UK) and so we don't actually have any bills to our name.
1. What kinds of supporting documents ca we provide in terms of accommodation?
Secondly my other half earns just under £18600 from a full time job(3 yrs).
Is there any way I could include my own income? If I can could then together we would be £24,000 annually.We work for the same company and I have been employed for the last 4 years. I read someone on this forum that there was a category where we could do it this way.
Apart from that we are a genuine couple and have proof of relationship. We will soon have a certificated as well.

What are the other things we should consider?
Many thanks in advance for any help.

[Casa]

Are you legally resident in the UK? If so, you could include your income.

[pradz45]

Oh ok. My leave has run out now and I'm voluntarily leaving.
Does that mean my income won't count?

[pradz45]

I haven't quit my job. But I'm not working at the moment.
I still have my job technically.

[vinny]

You cannot legally work if you are an overstayer.

Unfortunately, 1(c ) may also be applicable now.

[pradz45]

You cannot legally work if you are an overstayer.

Unfortunately, 1(c ) may also be applicable now.

I'm not working at the moment, I had made an application over a year ago.
Got their response only week ago.
So I know not to work anymore.
I have taken time off work without being paid.
Just to keep the employment since I will returning to work.

Sorry if you could explain 1(c) in laymans terms?

[vinny]

I think 1(c ) implies that you cannot use your income if you are applying for entry clearance from outside the UK.

Did you make an in-time valid application over a year ago while you still had leave?

Did they make a refusal decision now?

Do you have a right of appeal?

[pradz45]

Yes indeed.
Mainly refused because they weren't satisfied with my relationship evidence.
At that time we weren't living together and we are not married.
So we were refused on those grounds. (Lived together for 1.6 now)
Hence we are now going to my country to get married.
Enforcement has held my passport at the moment.
But we are keeping in touch with them.

In terms of third party support- it does say parents are allowed. (Sorry I been reading from other forums and there's an excerpt stating this, can't reference at the moment)
As long as there's pay slips and bank statements corresponding.
And not just promises.
We all live together. So isn't Ukba checking if applicant can survive without recourse to public funds? It also says that in this case- they will either consider just third party finances or the sponsors finances. And just to be on the safe side- evidence of both would be ideal.

[vinny]

Unfortunately, Third party maintenance support is now limited to what's specified in 1(b), unless subject to the transitional provisions (3.6.4).

An entry clearance application won't be subject to the transitional provisions.

[pradz45]

Oh ok.
And that's if one already has leave.

Sorry if you could simplify it for me a little.
That's too much information under rules.


Thank you

[vinny]

(b) Promises of third party support will not be accepted. Third party support will only be accepted in the form of:

(i) maintenance payments from a former partner of an applicant in relation to the applicant and former partner's child or children or in relation to the applicant;
(ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;
(iii) gift of cash savings (whose souce must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and
(iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research.

[pradz45]

Thank you very much

[pradz45]

Correct me if I'm wrong please.
So if my dad sponsors my education(which by the way he will be) the last point applies to me? My dad's bank statements and balance can be used as evidence along with my sponsors payslips and bank statements?


Regards

[Amber]

Unfortunately, 3rd party support is not acceptable under Annex FM even when the requirement is only adequate maintenance:

3.6.4. The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. The relevant guidance is set out in IDI Chapter 8 section 1.7a. This does not allow the applicant to rely on promises of third party support or prospective employment or a job offer.

And

Third party support
For applications from family members under Appendix FM of the Immigration Rules promises of third party support will not be accepted. The applicant and their partner must have the required resources under their own control, not somebody else’s.

Annex FM allows the use of a stipend if provided by an educational institution, not your family. Your Father would have to gift you the money and then you hold it for 6 months to be included.