ok, dont know if wrong section, please move if think so.
me and hubs married in aug 2009, he is on a post study work scheme visa, we were misguided when we called for info about he could get indefinate leave to remain, anyway turns out we need to get him a spouse visa first. so will the spouse visa count from day of marrigge or day application approved…its annoying we have wasted nearly 7 months…
secondly does employment come into effect, do they look at job of spouse ( him, his contract ended last month) or if anyones on any benefits etc for spouse visa to be granted..its 475pounds, and you lose the fee is your aplication rejected, so its best to get it checked but does anyone know has thier spouse been given a visa or not…and the circumstances…
we are applying from WITHIN uk, as hes alreayd here for past 3 yrs.
Nadz - Yup, you should have applied for the spouse visa as soon as you guys got married.
The initial visa they will grant will be valid for 2 years, then you can apply for indefinite leave to remain.
As far as I know it will count from the day that it is granted.
As long as one of you has a stable job and can show at least 6 months of pay slips and a healthy bank account with a few thousand pounds in it, it should be granted.
However when you apply for a spouse visa, it is the British Citizen (you) who is the sponsor. So in normal circumstances (if he were in Pakistan), they would be mainly concerned with your circumstances and that you can support him.
It would probably be better for your application if neither of you were claiming any benefits (and if you were still working).
The fact that his contract has ended and you are not working will probably be detrimental to the application. One of you needs to get another job before you apply in my opinion.
They basically want you guys to prove that you are not going to be a burden on the state. And when it comes to filling in the application, it needs to be perfect and without any white lies.
Living with parents isn't a problem as long as the house isn't over occupied by law.
I believe that every room that isn't a kitchen or a bathroom can have 2 people living in it. So, if you have a 3 bedroom house with 1 living room, 8 people can reside there.
You will need official documentation on the number of liveable rooms in your house and how many other people live there/are registered there.. to prove that there is space for you. The owners (your parents), need to give you some documentation to show that it is their house (i.e. council tax, mortgage) and write a supporting letter to say that they are happy for you to live there until you get your own place.
I'm not sure if you know but you as well as the settlement form, you need to write a personal sponsorship letter....
There is a specific format for how these should be written. They will have a declaration and then a numbered list including things like; when and where you got married and then a statement saying that you are attaching the original language nikkah nama (which should have been attested in Pakistan) and the English translation. That you are a British Citizen (since when and include verified copies of your passport which can be done by a solicitor for a fee per page). And so on... for each thing you need to submit evidence for.
Entry clearance
If you are seeking to enter the UK on the basis of your relationship with a UK national you are required to apply for entry clearance before you enter the UK.
**If you are applying from inside the UK for leave to remain on the basis of your relationship with a UK national you must have leave to remain in the UK on a visa that is valid for six months at the time the application is made. **Please note that you cannot switch into the spouse visa category if you are already in the UK and were initially admitted to the UK for a period of less than six months. For example, if you were initially admitted to the UK as a visitor or a short-term student.
I would get some professional advice to make sure you can go from the post study work visa to the spouse visa using the regular settlement application form and to check whether it is okay that you guys married in Pakistan etc. Just to be absolutely sure.
his current post studt work scheme visa runs out oct 2010, so thats in 5 months time, can we apply for spouse visa then, does he need 6 months left on his visa to apply from within the uk, or his original visa should have been givien to him for more than 6 months...soprry bit confusing there, so in that case his post study work scheme visa was granted to him in 2008, for 2years...
and i guess we could apply now as we with parents, what are the chances of being rejected, because i know the best way of getting an acceptance would be once hes working, and neither of us on benefits and we living with parents ( which we will for about another yr)...i think thats the best case scenanrio, ?
It's actually very easy to be rejected for this visa (even if you are living with parents). The combination of only 5 months left on his visa plus the fact that neither of you are working, would make for a risky application.
I think, the 5 month thing wouldn't be a big deal if he had a current well paid job (paying NI and taxes), with a contract that lasts longer than these 5 months. This would show that he is settled in this country and can support you both.
I would get advice from an immigration solicitor as to if they think your application would be accepted.
If you decide to go for it in the current circumstances I would really play up things like his previous job and earnings, how much savings you guys have, that your parents are willing to let you live rent free in their home until you can afford to move out.
ahhhh, this is difficult. I think we will best wait until he gets a job, but obv then he will have less time on his current status. Not sure what he would do in this situation.
unless he gets a job, and a letter from them etc supporting him, job salary and all stated, im sure he could get another type of visa, like a work permit...?BUT THEN he will have to be on that visa for 5 years before he gets indefinate leave, while on a spouse visa he will only need to be on it for 2 years to get indef....
If he can get a job with the supporting letter, decent contract length, salary stated etc - I'm sure that would be enough for the spouse visa as well. Given that he was employed until recently too.
Let's say the fact that he only has 5 months remaining on the current visa means he has to get another work permit visa (the 4 year one). As soon as he gets that visa, he doesn't need to wait 5 years for ILR.. he can apply for the spouse visa then as he is wanting to apply now for it now.
Lastly, if all else fails and he as to go back to Pakistan once this visa expires. You can apply for the spouse visa as most people do. The only problem will be that you will need to show that you have been working for at least 6 months etc etc.
There are ways around this.... do you not have a well placed "uncle" who can "employ" him for now?