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Thomas
Thomas, Lawyer
Category: Immigration Law
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Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a student my visa is ending in the end of 2015. Married

Customer Question

I am a student my visa is ending in the end of 2015. Married in January 2013, have one daughter, my wife is British. I want to Know about my position, whether I can apply inside of immigration rules. My wife started two jobs full time and part time, salary was over 18k pa. And after 3 months, she left part time job but full time is still continue. As she left part time job her salary level came on to 14k pa. In the same month (in which she left her part time job)I found a job which is part time.
Now my questions are below:

1- Can I combine my wages with my wife for spouse visa application?

2- Combination will be like this
My wife= 6 months wages slips (full time) + 3 months wage slips (Part time)
Me= 3 months wage slips (part time)

3- Is this combination is acceptable or not?

4- If not then what is right combination?

5- In case if UKBA refuse my application, will it affect my Current student visa?

6- My employer is giving me cash with wage slip is that acceptable for UKBA?

7- Do we need show any extra income for baby although she is British?


8- What documentation do I need for application?

Can I answers in writing please?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Does your part-time salary get you and your wife's full time salary put you above the £18600 per annum threshold?

Are you working within the permitted hours of your student visa condions?

Kind regards,

Tom
Customer: replied 2 years ago.

Hi,


 


Yeh it is becoming above 18600 and I am with in the permitted hours


 


 

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

1) Yes, you should be able to combine the two sources of income. Please refer to 5.1.1 of the financial guidance:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf
You will see that there is a bracketed portion of the guidance which confirms "(and/or the applicant if they are in the UK with permission to
work)". So, provided you only work within the permitted hours of your student visa then it can be counted.

2) I'm afraid that you must both apply with 6 months statements. 3 months is not enough and would lead to a rejection.

3) Yes. Subject to my comments above, it is enough.

4) N/A.

5) Provided that you inform them that your application is subject to being accepted and that you shall remain on your student visa then you will still maintain your student visa in the event that it is rejected.

6) Yo uneed to arange for your employer to pay directly in to your bank account in order to complete the chain of documentary evidence. If they don't then you leave your employment open to question.

7) If the baby is a UK citizen, then no further income is needed because they have a legal right to be here because they are british.
Kind regards,

8) It's impossible to give you an exhaustive list of documents that will secure your spouse visa. This can only be done after taking your detailed insturctions as a solicitor over a number of meeting and examining your circumstnaces in considerable details. A starting place on the documents require is here:-
https://www.gov.uk/join-family-in-uk/documents-you-need-to-provide
and here:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdf

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Sir,


I need bit more information, that is


The wages I am receiving in the form of cash with wage slip, I am depositing it into my bank account every time. Is that ok for UKBA.


In addition, I am also working as a casual worker, are the wage slips of more than six months casual work from same company is acceptable for them.


Thanks

Expert:  Thomas replied 2 years ago.
Hi,

You should insist on being paid by bank transfer. They could reject if it's in cash.

I don't really know about being a casual worker because I do not know your specific terms terms of employment unfortunately. You should really see a solicitor locally about this point.

Tom

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