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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear Sir/Madam, Im an international student been here for

Customer Question

Dear Sir/Madam,
Im an international student been here for about 5 years and recently got married to my girlfriend who's a british and we have signed a contract to live together next year and i'm about to graduate from uni

i didn't know that things are so complicated these days and my wife asked me to seek advice about this so i'm asking for guidance or assistant to get through this dilemma .

regards
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

When does your leave to remain expire?

Is your wife employed in the UK at a salary of above £18600 per annum and has she been in receipt of her salary for 6 months or more?

Kind regards.

Tom
Customer: replied 2 years ago.

my leave to remain expires in october .


and my wife is with me in uni but im 1 year ahead of her .


i dont think she earns that but she got a normal job .

Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

What level of cash savings do you have between you?

How would you have considered securing your leave to remain if you were not able to switch to a spouse visa?

Kind regards,

Tom
Customer: replied 2 years ago.

Hi,


im being supported from my family and i got nearly about 50 to 60 grand saved just my family got business and they sent it to me .


sorry i didnt understand your last question .


are you saying that im not eligible to switch to a spouse visa or what ?

Expert:  Thomas replied 2 years ago.
Drafting your answer now. 5mins please.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

You can - in theory - switch from a student visa to a spouse visa.

However, this difficulty in your case is the financial requirement for a spouse visa.

The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk


The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible for a spouse visa, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• YOu must also meet the enlish language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

If you had £62, 500.00 in cash savings which you had held in an account for 6 months, then you could certainly switch straight away,0 because this is the threshold savings amount that you must hold in order to meet the financial requirement.

If you have held £50000 in cash savings in an account for 6 months, then by my calculations your spouse would only have to demonstrate that she has earned £5000.00 in the past 12 months from her salaried employment.

You are going to have to consult with your wife as to how much she has earned and how much you have had in savings over the past 6 months, then work out whether or not you meet the financial criteria on the above finanicla guidance link. If you meet the criteria then you can apply, but if you don't then you will have to either switch in to another category or wait until you meet the financial criteria.

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live

I would sit down, work out whether you meet the finanical requirement and then have a consultation with a local immigration solicitor about making the application if you meet the financial criteria.

If you meet the financial requirement, you will be fine though..

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom
Expert:  Thomas replied 2 years ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

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