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  1. #1
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    Exclamation New here, need your help

    Hi Terpe, I am really confused with all the information I have been reading. First of all, I am applying for the unmarried partner of a British Citizen. We have been living akin to marriage for the past 13 years.

    My dilemma is that he has just been employed with the same employer for 6 months. He is paid on an hourly rate, but his monthly salary varies from 1400 to 1600 per month. How do they compute if this is enough to meet the financial requirement of £18,600? Will they calculate the average of the 6 months? Or base it on the least amount of £1400?

    Really would appreciate your help. Thanks


  2. #2
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    Exclamation New here, need your help

    My partner of 13 years is a British citizen and I intend to apply for an unmarried partner visa. He was previously married abroad and the marriage has not been legally dissolved.

    I read in the guidelines that, for those previous relationships that has not been legally dissolved, we only need to prove that we have been living together in a genuine and subsisting relationship from more than two years. Is this true? Do we not need to have his previous marriage legally dissolved?

    Please help, thanks.


  3. #3
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    Exclamation New here, need your help

    I am an unmarried partner of a British citizen (a filipino given citizenship by descent) He was previously married but the marriage is not legally dissolved - even though they have been separated since 2001. We have been living together since 2004 until he left the Philippines last 2013. He has now been working for an employer for 6 months and is being paid on an hourly rate. We are in the process of submitting an Unmarried Partner Visa application and there are tons of questions that we really need help with.

    - Is it true that his previous marriage can be proven to have broken down if we can prove that we have been living in a genuine and subsisting relationship for more than 2 years akin to marriage? We have been living together since 2004 and we have documents to support this claim.

    - How do they compute for the financial requirement, considering that my partner's pay is on an hourly rate? He gets around £1400 to £1600 pounds monthly. Will this be sufficient? He is permanently employed by the way, not part time or contractual.

    - He is currently living with a family friend. What do we need to submit in order to prove for the accommodation requirement? Will a letter from the home owner be sufficient - indicating that she is allowing both of us to live there and that we have a room for our exclusive use?

    - How much will I be paying for the application? I got confused as I see 885 pounds for visa applying to join a family in UK but also saw a 1,513 pounds visa fee for a family of a settled person. Which is which?

    - the forms I will be submitting are VAF4a and the Appendix 2. Are these the forms I need to submit, or are there more that I am not aware of?

    I have been looking for answers on the internet and came across a forum in this site. I am really hoping anyone could help.


  4. #4
    Respected Member Michael Parnham's Avatar
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    Joey, welcome to the forum, I'm sure you will find all your answers here as members will point you in the right direction. Good luck!


  5. #5
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    Hi Joey g, welcome aboard Filipino UK

    I've put your posts under one single thread to make it easier to find and also to keep all the information together so it doesn't get lost in the other threads.


  6. #6
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    In connection with meeting the Financial Requirement it can become complicated.

    Unless your partner is in Category A 'Salaried Employment' where his monthly payslip is based on a minimum 1/12th of annual salary of £18600 or more then he would need to show income over a 12 month period.

    Based on what you've shared, he's working on a variable income 'Non-Salaried' employment where one or more of his monthly payslips may have fallen below the requirement.

    In this case he should review being assessed under Category B for variable income.
    Meeting the financial requirement under this section means having income evidenced in two parts.

    (1) The annualised gross annual salary or income from salaried or non-salaried employment at the date of application. (Total gross income from all employment undertaken during the 6 month period, divided by 6 and multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.)

    (2) The actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application.

    I'm not sure how UKVI would view applications for unmarried partner given an absence of 12 months or more.


  7. #7
    Moderator Arthur Little's Avatar
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    to filipino/uk, Joey.

    Please carefully study the guidelines Terpe has provided for a start ... then feel free to contact us again anytime you need to.


  8. #8
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    Thanks Terpe


  9. #9
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    Terpe, as stated in his employment contract, he is a permanent employee with an hourly rate given.it varies depending on the number of hours he reports for work, he usually gets more than 1550 pounds per month, the one time he only got 1400 was due to his absences. I intend to apply under Category A since he is permanently employed. will they be computing for an average ofthe 6 months pay or consider the 1400 as basis for computing the gross annual pay?


  10. #10
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    Thanks Arthur. I am glad to have found this site. I can't just rely on my own understanding, I need to be enlightened with all the information I've been reading.


  11. #11
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    Thanks Michael


  12. #12
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    Hi again Terpe. can you also enlightenme with the rest of the questions posted above regarding the accommodation, fees, forms, proving our relationship, etc.... sorry for these questions. I just want to make sure that I do everything right before applying for the visa. Thanks


  13. #13
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    Quote Originally Posted by joey g View Post
    terpe, as stated in his employment contract, he is a permanent employee with an hourly rate given.it varies depending on the number of hours he reports for work, he usually gets more than 1550 pounds per month, the one time he only got 1400 was due to his absences. i intend to apply under category A since he is permanently employed. will they be computing for an average ofthe 6 months pay or consider the 1400 as basis for computing the gross annual pay?
    The simple answer is that applications relying on Category A submit the past 6 months payslips preceding application date. (the last one not more than 28 days old) should each meet the Financial Requirement.
    If you submit a monthly payslip below gross monthly pay of £1550 then the application will fall for refusal.
    If you are both sure that the Category A requirements can be met then go for it.

    UKVI will not normally make any calculations for either monthly or annualised averages under salaried employment.
    For variable income non-salaried employment it's a tricky
    position under category A and needs very careful help.

    Does your Fiance get paid for holidays ?
    How about for sick-leave?


  14. #14
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    As a first step I'd suggest you review this UKVI webpage link:-

    Application for UK visa for family settlement: form VAF4A

    You'll find that link contains the Family Settlement Application Form VAF4A, the Appendix 2 Financial Requirement VAF4A Form and also the Guide to Supporting documents.

    The current UKVI visa fees are here

    You'll see that the Settlment (Fiance) Visa application is £885
    This visa has a validity of 6 months to enable you get married.

    Do note that once you are married in UK you'll need to apply for FLM(M) which is Further Leave to Remain and that will cost you £601 for application.

    For additional background information please take a review of this forum thread All New Guide - How to apply for a Fiance Visa


  15. #15
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    In principle the ECO needs to be satisfied that:-

    - The accommodation is availability and adequate
    - That (where applicable) the permission of the owner of the accommodation has been given
    - That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.
    - It is (or will be) owned or legally occupied for the exclusive use of the couple
    - It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985
    - There is no breach of any tenancy agreement as regards sub-letting

    Legally owned or exclusively occupied
    Factors to be taken into account will include:-
    •the ownership of the property and/or the duration of a lease
    •whether any lease enables the tenant to sublet to the couple or take them in as lodgers.

    If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

    Adequacy of accommodation
    The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

    The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

    Overcrowding
    Account is taken only of rooms with a floor area larger than 50 square feet/4.65 square metres The rooms must only be of a type used for a living room or bedroom.
    Rooms such as kitchens or bathrooms etc are excluded.

    Number
    of
    Rooms................Permitted number of persons

    1.......................................2
    2.......................................3
    3.......................................5
    4.......................................7.5
    5.......................................10

    Each additional room in excess of 5 = An additional 2 people
    A child under one does not count as a person.
    A child aged 1-10 years counts as only half a person.


  16. #16
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    In terms of supporting genuine relationship, as far as UKBA are concerned they will follow their guidelines to inform their decision.

    Firstly, you and your partner have met in person.....
    Secondly, you need to very clearly demonstrate that your relationship with your partner is Genuine and Subsisting(click on that link to follow)
    Thirdly, you need to convince the ECO that you are only seeking entry to the UK to allow your marriage to take place.

    Means you need to convince the ECO that there's a clear intention to actually marry. To be honest, this largely hinges on whether the relationship is believed to be genuine and subsisting.

    It's actually impossible to prove an intention, and likewise no concrete evidence can be provided. Even receipts for a wedding dress and rings etc do not prove an intention. However, they can help to build a belief with the ECO

    I think you've surely already made some tentative plans and had some discussions together for the future wedding. Any evidence at all, however small, to show that wedding arrangements are in hand will all help.
    How about any e-mails, texts or facebook messages that specifically mention wedding plans, especially in connection with:-
    - Where and when
    - Rings, dress, cake, catering, reception
    - Guests, invitations
    - Any quotations relating to wedding arrangements (just demonstrates that the couple have some intention)
    - Honeymoon

    If UKVI believe the relationship is genuine then they usually believe a marriage will take place given reasonable evidence.

    Have your sponsor write a good supporting letter for submission with your application.
    Briefly outline how and where the relationship started and how you met, how it developed, how long you have been together, how you have maintained contact, important events, meetings between yourselves, things you did together and plans you have made for living in the UK (specifically, why you are opting to live in the UK.
    Mention the times you met face-to-face. Include boarding passes,hotel receipts etc. Have some photos with family members and also as a couple showing some things you did together.
    Confirm your feelings for each other, why you want to marry, plans for the future and where you will live and how you will support yourselves.
    Keep it as simple as possible and above all be honest about everything.

    Why not consider including a supporting letter from both sets of parents/siblings etc acknowledging the engagement and wedding and welcoming you both into the family.

    These are just some ideas for you to build on. Hope it helps


  17. #17
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    Don't forget that before making your application you'll need to prove your knowledge of the English language by passing an approved English language test with at least CEFR level A1 in speaking and listening.

    Here's a link to the UKVI approved list of Secure English Language Tests that have been assessed as meeting the Home Office’s requirements from 1 August 2014.

    Secure English Language Tests

    You'll also need a certificate showing you're all clear from TB.
    The certificate, which is valid for 6 months, must be submitted with your visa application.

    Click this link for an overview of Tuberculosis tests for visa applicants

    Click this link for the specific details of Tuberculosis testing in the Philippines


  18. #18
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    Hi Terpe. Thank you for your response. It is a lot clearer now. As for his holidays, yes he gets paid, but he does not get paid when he is on sick leave. As for his pay, he gets more than £1550 -except for one month because he had absences - will it be enough to explain the reason for the low pay? Thanks again


  19. #19
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    Hi Terpe. As for the proving genuine relationship, we have not made any clear plans to marry because we have been concentrating on the documents we need for us to submit my application. But we will eventually - so we can legitimize the children. We have two by the way. We have been living together for almost 11 years so I guess proving the genuineness is quite easy. Also, he gets paid for leaves, I got confused, I'm sorry.


  20. #20
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    Terpe. As for the english language requirement, I've read that an assessment from the UK NARIC will suffice as evidence that I meet the requirement. Is this true? Because I have a Bachelors degree equivalent to a Bachelors degree in UK. I will be submitting the requirements toUK NARIC, so they can provide me with the assessment. Am I doing it right?


  21. #21
    Respected Member jlags90's Avatar
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    Quote Originally Posted by joey g View Post
    Terpe. as for the English language requirement, I've read that an assessment from the UK NARIC will suffice as evidence that I meet the requirement. Is this true? Because I have a Bachelor's degree equivalent to a Bachelor's degree in UK. I will be submitting the requirements to UK NARIC so they can provide me with the assessment. Am I doing it right?
    Hi Joey, how did you know that your Bachelor's Degree is equivalent to a degree in the UK? Where did you complete your degree, if you don't mind me asking? Usually, Bachelor's degree completed in the Philippines is equivalent to HND standards in the UK (unfortunately).

    I also thought of having my Philippine degree converted to UK standards for the English Language Requirement before I applied for my visa but I opted to take IELTS instead. I was glad I did it that way because when I came to the UK and had my Career Path Report from UK NARIC (around £108), my degree was NOT equivalent to a degree in the UK. So, in my opinion, it is safer and cost-effective to take an accredited english test in case UK NARIC comes back saying, "NO your degree is not a degree in the UK".

    Welcome to the forum, and good luck with your application.
    UKBA,UKBA I am dreading to hear from you...
    UKBA, a BRP for Christmas will do...


  22. #22
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    Hi Jlags, thank you for your response. I went to UK NARIC's website. They have a list of the schools I think they'd consider. It also had a link where you can find out if you can use your degree. I graduated from Ateneo de Davao university. Then it had instructions of what to submit for them to make the assessment. I hope this is okay, though.


  23. #23
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    Quote Originally Posted by joey g View Post
    Hi Jlags, thank you for your response.I went to UK NARIC's website. They have a list of the schools I think they'd consider. It also had a link where you can find out if you can use your degree. I graduated from Ateneo de Davao university. Then it had instructions on what to submit for them to make the assessment. I hope this is okay though.
    Hi Joey g, you're welcome. It is up to you, if you are really sure that your degree is equivalent to a UK Degree, then go for it. . I had a degree in teaching English - passed the IELTS - but still had to take an accredited English Test. ... Remember though, that UKVI will only exempt you from taking the English Test IF UK NARIC says your degree is equivalent to a degree in the UK.
    UKBA,UKBA I am dreading to hear from you...
    UKBA, a BRP for Christmas will do...


  24. #24
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    Thanks Jlags. Yup, exemption from the English language requirement will be based on UK NARICS assessment. I am actually thinking of taking the test just to make sure. Thanks again


  25. #25
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    Quote Originally Posted by Terpe View Post
    If you submit a monthly payslip below gross monthly pay of £1550 then the application will fall for refusal.
    If you are both sure that the Category A requirements can be met then go for it.

    UKVI will not normally make any calculations for either monthly or annualised averages under salaried
    Sir Terpe, My husband earns more than £1550 per month except for 1 month (June 2014) because he was here for 2 weeks holiday and didn't get paid. But he still earned over £10,000 in 6 months. Will it affect my visa application?


  26. #26
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    Hi Honey, we seem to be having the same dilemma: A month below the minimum amount of £1550. I just hope that an explanation of the reason for the deficit will suffice.


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    Hi Joey, welcome to the forum! Let's hope the Embassy will consider the 1 month salary shortfall as our sponsors met the financial threshold. The thing is, I already submitted my documents last week and I'm so worried now. We only mentioned in the sponsor's letter that he visited here in June. Still waiting for Sir Terpe's reply tho. Anyway, when do you plan to lodge your application?


  28. #28
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    Quote Originally Posted by honey View Post
    Sir Terpe, My husband earns more than 1550 per month except for 1month (June 2014) because he was here for 2 weeks holiday and didn't get paid. But he still earned over 10,000 in 6 months. Will it affect my visa application?
    Why not apply in December with 6 compliant payslips for Cat A salaried rules ?

    Do you already have your TB clearance and needed English test (or NARIC confirmation)

    Minimise risks whenever you can.


  29. #29
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    Quote Originally Posted by Terpe View Post
    Why not apply in December with 6 compliant payslips for cat A salaried rules ?

    Do you already have your TB clearance and needed English test (or Naric confirmation)

    Minimise risks whenever you can.
    I already submitted my application at VFS Manila last week. Does this mean my application will likely be refused?


  30. #30
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    As previously indicated, if your fiancé is under permanent contract at a specified salary or salary range then he is considered under salaried employment and you should not submit non-compliant payslips.

    However, if your fiancé is under non-salaried job (such as hourly-paid etc) then you may use the UKVI annualised average over 6 months. Simply add the payslips for 6 months, divide by 6 and then multiply by 12. If it comes out to at least £18,600 then the requirement is met.
    Associated risks are mostly within the needed employment contract and/or employer letter which should clearly indicate the type of contract and that it's variable pay.

    Employment and income status must be clearly stated.


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