Need advice on spouse visa.

qman383 · #1 (**permalink**) 11th June 2012, 08:31 PM

Just applied for my spouse visa yesterday and I have my biometrics appointment on Wednesday. I am in US where I'm from and I have been married 5 years to my British wife in July. I have taken my knowledge of life test and passed it. My worry is now the only thing in the way is my wife not making enough money. Does anyone know if applications for spouse visas are denied or accepted only on the grounds of the financial requirement. My wife myself and our Dual citizen daughter who is in the UK with her mom have been separated since 2010. My wife is also a full time student. also I was just wondering if the UK embassy will accept my American passport photos as they are not the required UK size of 45x35 mm. I was unable to find anyone in my area to do the UK size. I had mine done at walgreens. Thanks for any advice.

AnAmericanInScotland · #2 (**permalink**) 11th June 2012, 08:49 PM

Quote:

Originally Posted by qman383

Just applied for my spouse visa yesterday and I have my biometrics appointment on Wednesday. I am in US where I'm from and I have been married 5 years to my British wife in July. I have taken my knowledge of life test and passed it. My worry is now the only thing in the way is my wife not making enough money. Does anyone know if applications for spouse visas are denied or accepted only on the grounds of the financial requirement. My wife myself and our Dual citizen daughter who is in the UK with her mom have been separated since 2010. My wife is also a full time student. also I was just wondering if the UK embassy will accept my American passport photos as they are not the required UK size of 45x35 mm. I was unable to find anyone in my area to do the UK size. I had mine done at walgreens. Thanks for any advice.

Photos-I did mine at CVS, UKBA took them. Walgreens should be the same.

You have submitted and paid for your application pre-9 July so the current rules apply to your application dated yesterday.

Make sure you note that you have passed the KOL-include the original and a photocopy of the statement of passing the test. I don't know if you will get the immediate ILR or not but I do know that other applicants who qualified for the KOL REQ endorsement did-please note at least two of them had to request a review because their first granted visa came back without the endorsement even though they met the outlined qualifications-on request for review, both applicants were requested to return their visa, which was then cancelled and reissued with the endorsement.

To restate-because your app is submitted and dated as pre-9 July 2012, you are subject to the current rules, not the ones coming into effect on 9 July-as long as you meet the pre-9 July rules you should be ok.

qman383 · #3 (**permalink**) 11th June 2012, 09:38 PM

Thanks a bunch AnAmericanInScotland, this is making my family and myself a bit nervous, I will certainly note that I have the KOL

AnAmericanInScotland · #4 (**permalink**) 11th June 2012, 09:55 PM

Quote:

Originally Posted by qman383

Thanks a bunch AnAmericanInScotland, this is making my family and myself a bit nervous, I will certainly note that I have the KOL

Trust me, been there done that on the nervous. You obviously meet the current rules or you would not have applied-don't forget that you need to meet the rules in effect NOW, not the ones that come into effect on 9 July.

And the rules under which you have made your application (dated from the second you hit submit and your payment was recognised-if your payment hadn't been accepted you wouldn't have been able to make your biometrics appointment and print out your confirmation sheet with the barcode) will apply through your migration path.

Please keep us posted on your progress, especially if you get the ILR immediately or not.

qman383 · #5 (**permalink**) 11th June 2012, 10:02 PM

Thanks again and I will post something once I get an approval or denial on my visa. Also what are your thoughts on the EEU human rights laws and making an appeal on that basis if I have to go that route?

AnAmericanInScotland · #6 (**permalink**) 11th June 2012, 10:12 PM

Quote:

Originally Posted by qman383

Thanks again and I will post something once I get an approval or denial on my visa. Also what are your thoughts on the EEU human rights laws and making an appeal on that basis if I have to go that route?

Yikes, good luck with that. I'm reading the Statement line-by-line and they are really tightening that one up tight!

qman383 · #7 (**permalink**) 11th June 2012, 11:07 PM

Just had a chance to read the new rules. My wife doesnt make enough under the old rules. Guess I only have a prayer now. This is making me sick. I haven't seen my wife and daughter since march when I was on visit.

JollyCynic · #8 (**permalink**) 12th June 2012, 02:43 AM

Quote:

Originally Posted by qman383

Just had a chance to read the new rules. My wife doesnt make enough under the old rules. Guess I only have a prayer now. This is making me sick. I haven't seen my wife and daughter since march when I was on visit.

Don't worry too much. EVERYTHING from the old rules appears to apply. Everything from your earlier thread (Including paystubs from my job in the states when i apply for my spouse visa.) still applies. Your (potential) income still applies.

qman383 · #9 (**permalink**) 12th June 2012, 02:55 AM

Thanks JollyCynic, very uncertain times with all that is going on in UK at the moment. Can only hope that the ECO that handles my Visa will be a compassionate person. Really hope to be there with my family soon.

beijing06 · #10 (**permalink**) 12th June 2012, 05:57 AM

Quote:

Originally Posted by AnAmericanInScotland

Trust me, been there done that on the nervous. You obviously meet the current rules or you would not have applied-don't forget that you need to meet the rules in effect NOW, not the ones that come into effect on 9 July.

And the rules under which you have made your application (dated from the second you hit submit and your payment was recognised-if your payment hadn't been accepted you wouldn't have been able to make your biometrics appointment and print out your confirmation sheet with the barcode) will apply through your migration path.

Please keep us posted on your progress, especially if you get the ILR immediately or not.

Interesting, so how does the settlement / spouse proposed change work going from 2 to 5 years ? My girlfriend has submitted and paid for her visa already, and has her biometrics tomorrow. Will only the 2 year period apply to her then , not the 5 year proposal as she has applied before 9th July....