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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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My question is regarding applying spouse visa. I

Resolved Question:

Hi - my question is regarding applying for a spouse visa.
I am a British citizen. I have worked in the NHS on a full time basis since Feb 2010 till September 2015. I am a doctor earning £50, 000 a year. I took sabbatical leave from September 2015 and will return to full time employment August 2016, with a slightly higher salary. I currently hold a training contract which ends 2020.
I do not own / rent a property in the uk at the moment,
I am currently in Sudan, I am not working, and living off my savings. I have a limited business account since march 2015 and have earned through it £17, 600 (excluding tax) ontop of my salary.
I will be coming to the UK in march for one month to do some locum work and aim to raise more than £2000.
I will be getting married in July 2016 in Sudan, my fiance is sudanese. I was hoping to make the application in mid july, directly after the wedding. I could also wait till the first week of august when I would have proof of address by then..
I would like to ask:
Am I able to apply straight away for the spouse visa in July? Or do I need to work 6 months?
Does it matter how much of my savings I have used up? the wedding is going to use up most of it! Do they look at income only or also expenditure?
Do I need to have an address in the UK when I apply or can I wait til my return in August?
If I need an address, is it better for me to rent privately or can I rent hospital accommodation (no utility bills as it is all included in the rent)
Many thanks!
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Regarding the Limited CompanyI earned £17,925 between 23/6/15 - 15/10/15. As I mentioned I am looking to earn at least £2000 this month.
Expert:  Buachaill replied 1 year ago.
1. The first thing is that it is only your income which is looked at in assessing whether a spousal visa can be granted. Expenditure is not looked at. Accordingly, you will need to show that you have an annual income before tax of £18,600 per annum. As you are earning approximately £50,000 per annum as a doctor, this will suffice. However, I would advise you to apply for the spousal visa after you return to work in August, 2016. This will avoid difficult questions about whether your £17,600 earnings is above or below the necessary threshold. At that point in time, you will have a clearly defined income in excess of the threshold. Additionally, it would be best if you made the application from an address in the UK. I would advise waiting until you are working to make the application. It is best not to make the application whilst you are on sabbatical as this means you are not earning money. It makes little difference that you will have no savings at this point in time. So long as you can show your annual income will exceed the threshold that is sufficient.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the answer your Expert receives no payment for answering your Question.
Customer: replied 1 year ago.
Thank you.Just to confirm then,Do I need to wait to receive a payslip e.g for august (so apply in September 2016) Or can I apply as soon as I am settled back in the UK and started working again?So I do not need to wait 6 months to apply for the visa?
Expert:  Buachaill replied 1 year ago.
3. You don't need to wait until you get a payslip as this is not the only way of proving you have an annual income of greater than £18,600. Some letter or other evidence of your contract which states the amount you are earning will prove your income. You don't have to wait until September when you obtain a payslip. Secondly, there is no need to wait six months in order to apply for the visa. You can apply once you resume working.
Customer: replied 1 year ago.
Thank you
Final questions please!
- so I would apply via the salarid + Self employed route (last 12 months income.. I will ensure that I get at least £18, 600 through the LTD company)Essentially they will look at the past 12 months to see if I have more than £18600 and that my job from august pays more than £18600- what are the average lawyer costs for spouse visa applications? (Actually completing paperwork)
Customer: replied 1 year ago.
I want to clarify this point as I have been told by some lawyers that I cannot apply till after 6 months work
Expert:  Buachaill replied 1 year ago.
4. There is no rule that you have to apply on the basis of historical income. You can apply on the basis of current and future income. Accordingly, whilst you can use your monies you are getting from the Limited company as the basis for the application, I would suggest you put the stress on your medical income of £50,000 per annum. Secondly, I would advise you to get a quote from the lawyer concerned fro making a spousal visa application. Many lawyers charge exorboitant sums for making visa applications much of which is not justified as you can do it yourself. So I would suggest you get a quote. Finally, there is no rule you have to be working for six months before you make the application. The idea behind the income requirement is that the spouse will not be a burden upon the Exchequer in the UK. So make the application when you are married and have started working. There is no need to wait six months.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice

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