spouse visa...trapped

[shan092009]

hi there..my name is shan....i am a british citizen...i am getting married to a girl who is an indian citizen and she is on student visa in uk...she started uni in sep 2011 and her visa is expiring in 2014.....we are getting married on 19 july 2012....and i want to apply for spouse visa for her before her uni reopens in october...i have a few questions regarding the applicaion...i wanted to know that
1...new rules introduced by ukba..will they be in affect form 9 july 2012?
2..mimmum income threshold 18600 per year...my income rised two weeks ago and it is arround £427 per week...and makes arround £20000 per year before tax.but before june my income was like £300 a week..and my girlfriend is working since october 2011.our joint income comes to more than 360.and comes to £18600 for a year..can we show our joint income?....but i wont be able to provide them 6 months wage slips..i can provide them maximum 3 months..but remember before my pay was 14000 per year till june..and i can provide them new payslips from june till september..will that be enough....plus i can get a letter from my boss confirming my pay or i will get a copy of contract...
3...how soon can u apply for spouse visa after getting married?i m gona get married on 29 july and we will apply for spouse visa on or arround 30 september....but i will apply through premium same day visa service...but for that service case should be straight farword...is my case straight farword..shd i apply in person or shd i apply be post.?
4.i dont understand that what evdence shd be provided to show that marriage is subsisting...if somebody is applying from outside uk then they can show the emails,telephone calls or text msg records that they have been talking to each other after their marriage..but in this case we will be living togather....and i can maximum wait for 2 months after marriage...then i will apply by end of september,,,and in two months there will only two bank statments from her side..she doesnt have any contracts for which she can get the bills by post...but our boss can give us a letter confirming that we both are actually living at that adress(me and my fiancee work at some place).
5..she did IELTS acadamic in june 2011 from her home country before coming here so that she cud get a studnet visa....now can she show the same certificate for spouse visa language requirement...that test is in ukba's approved test list for spouse visa..and that certificate expires in june 2013...is that valid?
6..does tenancy aggremnt needs to be verfied by council or other local authorities?and does it have to be on both of our names or can it be on just my name?
7..i dont have any savings so far...i used to get 1000 a month and i cudnt save anything...but my fiancee has a saving of 2400 pounds..will that be ok?
8...she has worked over 20 hours but not more then 35 hours a week(she was allowed only 20 hours as she is student)..will that affect our case?and she used to work but from june till sep she not gona work..can we attach her old payslips from sep2011 to june 2012..and get a letter form boss that she is not working these 3 months but she will be back to work from sep 2012..will that make a good impact on our aplication?
9..i can provide them the bank statements for past 6 months..but before june my pay used to be £12000 a year...and now its roughly £20000 a year...i cant show that i have been earning 18600 for past 6 months....my pay just rised in june 2012 and i will apply for visa in september...will that be ok?
10...if we are living togather before marriage then can we include this time in our relationship timepeiod?will that be good or not?
that all..i will be very thankfull if you could help me out....shan

[2farapart]

Hi Shan

I noticed no-one has replied yet. I'm not sure I can answer all questions, but a few I can...

Originally Posted by shan092009

1...new rules introduced by ukba..will they be in affect form 9 july 2012?

Yes. For anyone not on a family/settlement visa already, the new rules will apply. I don't know if this applies or not to your wife as she's on a student visa (I haven't come across students as exceptions, but someone else here might have). Hopefully someone else can help with this one.

2..mimmum income threshold 18600 per year...my income rised two weeks ago and it is arround £427 per week...and makes arround £20000 per year before tax.but before june my income was like £300 a week..and my girlfriend is working since october 2011.our joint income comes to more than 360.and comes to £18600 for a year..can we show our joint income?....but i wont be able to provide them 6 months wage slips..i can provide them maximum 3 months..but remember before my pay was 14000 per year till june..and i can provide them new payslips from june till september..will that be enough....plus i can get a letter from my boss confirming my pay or i will get a copy of contract...

If you're already living in the UK, then you can't use a confirmed job offer as evidence. You have to show you can meet the £18600 based on your last 6 months of pay, but it can be joint income so you can add your wife's income to this amount.

3...how soon can u apply for spouse visa after getting married?i m gona get married on 29 july and we will apply for spouse visa on or arround 30 september....but i will apply through premium same day visa service...but for that service case should be straight farword...is my case straight farword..shd i apply in person or shd i apply be post.?

I can't advise on whether your application is straight-forward as this is an individual thing, but some of the issues that make applications more complex are where children are involved in the migration, where there has been any prior visa or entry refusals, deportations or criminal convictions. If you think you meet the requirements and can't think of anything that would cause the UKBA a need to make further enquiries, then you should be fine to apply same-day. You can apply as soon as you have your marriage certificate.

4.i dont understand that what evdence shd be provided to show that marriage is subsisting...if somebody is applying from outside uk then they can show the emails,telephone calls or text msg records that they have been talking to each other after their marriage..but in this case we will be living togather....and i can maximum wait for 2 months after marriage...then i will apply by end of september,,,and in two months there will only two bank statments from her side..she doesnt have any contracts for which she can get the bills by post...but our boss can give us a letter confirming that we both are actually living at that adress(me and my fiancee work at some place).

The UKBA are looking for sham and forced marriages, so provide anything that proves your relationship is genuine. Correspondence to each other, emails, chat logs, screenshots of Skype or Facebook chat, photos of the two of you together - together with photos of your wedding with other people ideally also in the photos - all these help.

5..she did IELTS acadamic in june 2011 from her home country before coming here so that she cud get a studnet visa....now can she show the same certificate for spouse visa language requirement...that test is in ukba's approved test list for spouse visa..and that certificate expires in june 2013...is that valid?

If you apply 13 October 2012 or later, she will need to present an English language speaking and listening qualification at B1 level or above. If she applies before then, her certificate only needs to meet the current levels. I don't know anything more about IELTS and whether that meets the new standard - but someone else here might.

6..does tenancy aggremnt needs to be verfied by council or other local authorities?and does it have to be on both of our names or can it be on just my name?

I'm not sure on this - will let someone else answer. I do believe the agreement doesn't have to be in joint names though. As long as it's at least in your name, should be fine.

7..i dont have any savings so far...i used to get 1000 a month and i cudnt save anything...but my fiancee has a saving of 2400 pounds..will that be ok?

You only need to prove savings in the event that you cannot make up the minimum salary required. If you can't make the £18,600, then your fiancée's savings of £2,400 wouldn't be enough (you would need in the region of £17,000 or higher depending on how much you fall short of the income level required).

8...she has worked over 20 hours but not more then 35 hours a week(she was allowed only 20 hours as she is student)..will that affect our case?and she used to work but from june till sep she not gona work..can we attach her old payslips from sep2011 to june 2012..and get a letter form boss that she is not working these 3 months but she will be back to work from sep 2012..will that make a good impact on our aplication?

I believe the UKBA is only going to be interested in the money actually available to you in the 6 months prior to your application so I'm not sure if it will help.

9..i can provide them the bank statements for past 6 months..but before june my pay used to be £12000 a year...and now its roughly £20000 a year...i cant show that i have been earning 18600 for past 6 months....my pay just rised in june 2012 and i will apply for visa in september...will that be ok?

No, it would be better either to apply for a visa before July 9th and post date your visa (you can post date your visa by up to three months) to avoid the new income rules, or you will need to wait and apply once you've earned above £18600 between you for six months or more.

10...if we are living togather before marriage then can we include this time in our relationship timepeiod?will that be good or not?

Yes, absolutely. Although there is no minimum timeframe for a relationship, including your full length of relationship will help your application in proving your relationship is genuine and enduring.