ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

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

Locked
hibakelaye
Newly Registered
Posts: 15
Joined: Thu Mar 30, 2017 1:12 pm

APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by hibakelaye » Thu Mar 30, 2017 2:41 pm

Hi
I am hoping someone can help me with accurate advice.

I was working full time and earning before tax £18655 annually. I fell pregnant in March 2016 and gave birth in December 2016 and in December a few weeks before giving broth I went on maternity leave. I did not apply for my husbands spouse visa while pregnant as I was advised that I need to prod DNA which that meant waiting until our baby was born. I did that and now that I am ready to apply my income no longer meets the financial requirement. November 2016 was the last time I revived a full salary and since December I have been getting maternity pay. What I want to know is can I apply and will my application be refused as a result of my lower income or can I rely on my previous payslips? Or do I need to wait until I return to work full time? Please help I don't want to apply snd pay the fees to only be refused!!

User avatar
CR001
Moderator
Posts: 87393
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by CR001 » Thu Mar 30, 2017 3:14 pm

What is your partner's immigration status and history in the UK?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

SoHopeful
Senior Member
Posts: 947
Joined: Wed Sep 16, 2009 11:01 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by SoHopeful » Thu Mar 30, 2017 3:37 pm

If the spouse visa is the correct route then you gather the same financial documents required but for the 6 or 12 months prior to maternity leave.

hibakelaye
Newly Registered
Posts: 15
Joined: Thu Mar 30, 2017 1:12 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by hibakelaye » Thu Mar 30, 2017 8:39 pm

I wish to apply for my husband to join me so yes douse visa. Thanks for your reply, do you have any reference on supplying 6 months prior payslips?

hibakelaye
Newly Registered
Posts: 15
Joined: Thu Mar 30, 2017 1:12 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by hibakelaye » Thu Mar 30, 2017 8:40 pm

CR001 wrote:What is your partner's immigration status and history in the UK?
My husband resides in Cairo Egypt with a refugee status.

hibakelaye
Newly Registered
Posts: 15
Joined: Thu Mar 30, 2017 1:12 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by hibakelaye » Thu Mar 30, 2017 8:42 pm

CR001 wrote:What is your partner's immigration status and history in the UK?
I am a born British citizen and he has a residency refugee visa for Cairo Egypt.

qnaz
Newly Registered
Posts: 7
Joined: Sat Mar 25, 2017 3:39 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by qnaz » Sun Apr 02, 2017 5:23 am

After a lot of searching I found this in Appendix_FM_1_7_Financial requirements on page 33:

Example (a) The applicant’s partner is in the UK, has recently had a baby and returned to work from maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning the required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.

Also it says:

5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in the respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided: (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. (b) Payslips covering: (i) a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)).
(c) A letter from the employer confirming: (i) the length of the person's employment; (ii) the gross annual salary and the period over which it has been paid at this level; (iii) the entitlement to maternity, paternity, parental or adoption leave; and (iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave. In addition to the evidence listed above, P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application, regardless of whether that employment was held throughout that period.

What is the experts' opinion about this?

hibakelaye
Newly Registered
Posts: 15
Joined: Thu Mar 30, 2017 1:12 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by hibakelaye » Mon Apr 03, 2017 8:44 am

Thanks so much for finding that!!!

qnaz
Newly Registered
Posts: 7
Joined: Sat Mar 25, 2017 3:39 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by qnaz » Wed Apr 05, 2017 1:12 pm

You are welcome.

The experts don't seem to be replying at all?

User avatar
CR001
Moderator
Posts: 87393
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by CR001 » Wed Apr 05, 2017 1:22 pm

qnaz wrote:You are welcome.

The experts don't seem to be replying at all?
We aren't all necessarily 'experts' and are not qualified legal advisors. Our advice is often based purely on experience and keeping up to date with the rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

qnaz
Newly Registered
Posts: 7
Joined: Sat Mar 25, 2017 3:39 pm

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by qnaz » Wed Apr 05, 2017 1:29 pm

Of course I understand you are not qualified legal advisors, however your experience is what matters.
So kindly do reply to these queries- the one posted above and one posted by myself as SPOUSE VISA DUBAI.
Thanks.

User avatar
CR001
Moderator
Posts: 87393
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: APPLY FOR SPOUSE VISA WHILE RECEVING MATERNITY ALLOWANCE

Post by CR001 » Wed Apr 05, 2017 1:41 pm

qnaz wrote:Of course I understand you are not qualified legal advisors, however your experience is what matters.
So kindly do reply to these queries- the one posted above and one posted by myself as SPOUSE VISA DUBAI.
Thanks.
If members or moderators do not respond, we either don't know or are not sure and don't want to give incorrect advice. There are some members who are more knowlegable on certain aspects so suggest wait for one of them to respond.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Locked