UK Spouse Visa Information - evidence required etc
Apr 28th 2012, 2:47 pm
#91
Forum Regular
Joined: Mar 2012
Location: Egypt
Posts: 57
Re: UK Spouse Visa Information - evidence required etc
It's a complete minefield, I agree! I have recently gone through this for my husband (I'm the UK citizen) and had a lot of help from the people on here, so I shall try to do the same for you 
No, what you need to apply for is a Settlement Spouse/CP visa, with the KOL endorsement. The ILE only applies if you already have the KOL. You need to put a cover letter in with the application specifically requesting this endorsement: Settlement Spouse/CP (KOL req.).
This is the correct form and price, and yes your husband is the settled person 
KOL is the life in the UK test, so you would need to take KOL. The last time I checked this was 50GBP including VAT so I'm not sure which test you are referring to that costs 1000GBP 
As soon as you have a UK address (something with your name and post code on) you can book/take the test. Once you have your pass certificate, you can then immediately apply for ILR.
As I understand it, the application form you will need for ILR is SET(M). FLR is further leave to remain, and ILR is indefinite leave to remain. SET(M) is the one we'll be using. Unfortunately it is nearly 1000GBP
If you're in a hurry you can do it in person, but add another 400GBP onto that figure!!
I hope this helps a little. There's a wealth of experience here on the boards regarding this and I'm sure people will be happy to help if you have any more questions
Good luck with the application!
(application form VAF4A with the British Embassy in the US? ($1363 for spouse of a settled person - I assume that is what it is as he will be settling also at the time)
Then once I arrive in the UK, I take the Life in the UK test (since I am a native English speaker from an English speaking country) for 34 pounds. (according to this website, if I speak English I just need to take the Life in the UK test. So I wouldn't need to take the KOL test? From what I see, the KOL is almost 1000 pounds!)
As soon as you have a UK address (something with your name and post code on) you can book/take the test. Once you have your pass certificate, you can then immediately apply for ILR.As I understand it, the application form you will need for ILR is SET(M). FLR is further leave to remain, and ILR is indefinite leave to remain. SET(M) is the one we'll be using. Unfortunately it is nearly 1000GBP
If you're in a hurry you can do it in person, but add another 400GBP onto that figure!!I hope this helps a little. There's a wealth of experience here on the boards regarding this and I'm sure people will be happy to help if you have any more questions
Good luck with the application!
Apr 28th 2012, 3:25 pm
#92
Forum Regular
Joined: Jan 2012
Posts: 33
Re: UK Spouse Visa Information - evidence required etc
Thanks! That clarification does help, especially in regards to the correct forms.
I have no idea where I got the KOL was 1000 pounds. I can't find the page I "saw" that anymore. My brain is seeing things.
Right now a lot of our original documents are already at the British embassy with our children's British passport application. From what I understand, they should enter/leave the US on their US passport and enter/leave Britain on their UK passport. We have always just used their US passports when visiting but with the intention of settling, don't think that would work for the kids (since they are British citizens and we don't need visas for them to settle - thank gosh!).
Thanks again for the info! I thought we were done with immigration when hubby got his US citizenship. I have dealt way too much with immigration in the last 15 years. Oi!
I have no idea where I got the KOL was 1000 pounds. I can't find the page I "saw" that anymore. My brain is seeing things.
Right now a lot of our original documents are already at the British embassy with our children's British passport application. From what I understand, they should enter/leave the US on their US passport and enter/leave Britain on their UK passport. We have always just used their US passports when visiting but with the intention of settling, don't think that would work for the kids (since they are British citizens and we don't need visas for them to settle - thank gosh!).
Thanks again for the info! I thought we were done with immigration when hubby got his US citizenship. I have dealt way too much with immigration in the last 15 years. Oi!
Apr 29th 2012, 12:33 pm
#93
Forum Regular
Joined: Jan 2012
Posts: 33
Re: UK Spouse Visa Information - evidence required etc
Another question in regards to the 'where you will live' portion of the visa. Our hope was to pack up our belongings and ship it over via the long boat way knowing it will take around 6 weeks to get to the UK. After visiting my family for a bit in the US, we would then fly to the UK and stay with hubby's family for a week or two while we found a place to rent. It will be a very, very tight fit but only temporary.
However, it sounds like this may not be possible and that the British embassy will require that we have a more permanent place already established when I apply for a visa. Is there a way around that? We would very much prefer to have the opportunity to scout out a place on our own and while we possibly *could* take a quick trip to the UK beforehand, it would be a bit inconvenient considering we have 5 children someone would need to take care of.
Thanks!
However, it sounds like this may not be possible and that the British embassy will require that we have a more permanent place already established when I apply for a visa. Is there a way around that? We would very much prefer to have the opportunity to scout out a place on our own and while we possibly *could* take a quick trip to the UK beforehand, it would be a bit inconvenient considering we have 5 children someone would need to take care of.
Thanks!
Apr 29th 2012, 1:34 pm
#94
Back from India
Joined: Jun 2006
Location: UK
Posts: 793
Re: UK Spouse Visa Information - evidence required etc
You will need to show you have some accommodation lined up and that this will not be overcrowded by your presence, if living with family.
Have a read of http://www.ukba.homeoffice.gov.uk/po...dance/ecg/maa/
Gives some idea of what is expected.
Have a read of http://www.ukba.homeoffice.gov.uk/po...dance/ecg/maa/
Gives some idea of what is expected.
Apr 30th 2012, 6:18 pm
#95
Forum Regular
Joined: Jan 2012
Posts: 33
Re: UK Spouse Visa Information - evidence required etc
Interesting. Four of our 5 children are 10 and under. So all in all, we would make 5 people. My SIL has, according to this, 6 people. They have 4 bedrooms and a living room, so 5 rooms. This means that 10 people could stay there without it being overcrowded. This means there is one too many people for that house.
However, his parents live next door and they only have 3 people living there with 3 livable rooms. So the other 'person' could stay there right?
Am I reading that right and anticipating we wouldn't be considered 'overcrowded' if spread between both houses? It really would only be a few weeks tops until we found a place. Any longer and we would all probably exploded!
eta: Looking a little more, would the children even be considered as they are already British citizens and would not on the application? The only person in our family who needs a visa is myself. All the rest are British citizens.
Thanks!
However, his parents live next door and they only have 3 people living there with 3 livable rooms. So the other 'person' could stay there right?
Am I reading that right and anticipating we wouldn't be considered 'overcrowded' if spread between both houses? It really would only be a few weeks tops until we found a place. Any longer and we would all probably exploded!
eta: Looking a little more, would the children even be considered as they are already British citizens and would not on the application? The only person in our family who needs a visa is myself. All the rest are British citizens.
Thanks!
Last edited by Isabella17; Apr 30th 2012 at 6:24 pm.
May 16th 2012, 12:16 pm
#96
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: UK Spouse Visa Information - evidence required etc
For those worried about the upcoming changes to the regulations and who are British Expats, living abroad, in a long-standing marriage to non-EU citizen and thinking of heading home here is a consolidation of our experience of applying for Indefinite Leave to Enter under rule 281(i)(b) and 282(b) or (c).
I know this is a long post but I hope it covers everything and is useful to others in our position. Please don’t reply with a “Thank you” either hit the Karma button, or PM me (unless this post is already 2-3 pages from the end of the thread and a “Thanks” will help it get found) – that way the post should stay easy to find for others.
Summary:
I am British, born in the UK of British parents. I emigrated in 2002 in order to live with my now wife, who I had met in 2001 whilst studying abroad.
My wife is a non-EU national, we married in 2003 in the EU and lived in the EU, then another EEA country and then elsewhere.
We applied for ILE under rules 281(i)(b) and 282(c) after our son was born, we did NOT have any formal employment offer in the UK, my wife did NOT have a recognised English language qualification, we DID have suitable funds, a good chance of employment and a long-standing immigration history to the UK
Our application was rejected by the Clearance Officer and later allowed at appeal with a very clear message from the judge that it should never have been refused.
This whole process took us about 50 weeks from completing the online application to receiving the passport back with entry clearance. Hopefully the details below will mean that your case doesn’t need to go to appeal and save both time and stress.
Contents:
Tips for application:
Documents we provided:
Supporting letter from the sponsor:
The refusal stated the following (summarised):
Grounds for appeal:
Appeal findings:
Anyone who wants a scanned copy of the findings please PM me (best to tick the “send via email box” when you do):
Hope this helps a few people out there ...
I know this is a long post but I hope it covers everything and is useful to others in our position. Please don’t reply with a “Thank you” either hit the Karma button, or PM me (unless this post is already 2-3 pages from the end of the thread and a “Thanks” will help it get found
) – that way the post should stay easy to find for others.Summary:
I am British, born in the UK of British parents. I emigrated in 2002 in order to live with my now wife, who I had met in 2001 whilst studying abroad.
My wife is a non-EU national, we married in 2003 in the EU and lived in the EU, then another EEA country and then elsewhere.
We applied for ILE under rules 281(i)(b) and 282(c) after our son was born, we did NOT have any formal employment offer in the UK, my wife did NOT have a recognised English language qualification, we DID have suitable funds, a good chance of employment and a long-standing immigration history to the UK
Our application was rejected by the Clearance Officer and later allowed at appeal with a very clear message from the judge that it should never have been refused.
This whole process took us about 50 weeks from completing the online application to receiving the passport back with entry clearance. Hopefully the details below will mean that your case doesn’t need to go to appeal and save both time and stress.
Contents:
- Relevant rules and guidance
- Tips for application
- Documents we enclosed with the application
- Supporting letters we provided
- Our grounds for appeal
- The appeal findings
Spoiler:
Tips for application:
Spoiler:
Documents we provided:
Spoiler:
Supporting letter from the sponsor:
Spoiler:
The refusal stated the following (summarised):
Spoiler:
Spoiler:
Appeal findings:
Anyone who wants a scanned copy of the findings please PM me (best to tick the “send via email box” when you do):
- The judge ruled in our favour with some very strong comments
- He categorically stated that the additional documentation, letters etc. we sent in with the appeal were not required
- Regarding intent to relocate and the guidance in SET 3.4: “his expression of intent fully supported this criteria and needed no additional evidence”
Hope this helps a few people out there ...
May 17th 2012, 3:02 am
#97
Forum Regular
Joined: May 2012
Location: Lombardy, Italy
Posts: 36
Re: UK Spouse Visa Information - evidence required etc
Englishguygoinghome,
That is fantastic information thank you! Seriously appreciate that I'm sure we all do!
That is fantastic information thank you! Seriously appreciate that I'm sure we all do!
May 19th 2012, 8:11 am
#98
Just Joined
Joined: May 2012
Posts: 1
Re: UK Spouse Visa Information - evidence required etc
Sorry to bump a slightly old thread, but I have been growing increasingly concerned about changes to immigration rules and this thread seems to have a fair few knowledgable people contributing, so...
I am UK citizen by birth, and current passport-holder, and have been married to my Chinese wife for over 4 years. During all that time, and more besides, we have been living outside the UK in southern China and Hong Kong. We are currently living and working in Hong Kong and planning to return to the UK later this year.
Last summer, on a visit to the UK, my wife sat and passed the Life in the UK test. She is scheduled to sit an English language test at the British Council, later this month.
Under the 4-year rule, and with KOL, I believe my wife may qualify for ILR upon arrival (rule 8, para 281(i)(b) and 282(b)). I understand from reading this thread that she must be very clear in her application that she requires the 'Settlement Spouse/ CP' endorsement.
I have also read elsewhere that in a case such as this where settlement is being applied for under the 4-year rule, and where KOL is already established, that an ILE visa will be issued with no prescribed date of entry. I.e., that, once granted, the ILE visa does not have to be activated by a trip to the UK within any particular time period. This isn't hugely important to us, as we are pretty fixed on a Christmas return, however I would be grateful if anyone could confirm this as it would mean we might be able to begin our visa application a bit earlier (and possibly avoid any more disadvantagous rule changes).
Once we land in the UK, am I correct in thinking that my wife can immediately acquire ILR? And if so, how 'immediate' is this? Do we simply tell the officer at passport control that we wish to convert to ILR? Or do we have to make an appointment and visit some Government office? (will any such places be open over Christmas?)
And finally (sorry for the length of this), these financial requirements. I know that there is a requirement for spouses coming from outside the UK to have 27 months' worth of savings, and now, potentially, for the sponsoring partner to have to have a job paying in the region of 25k, but to what extent does this apply to us?
We are both teachers, rather than bankers or lawyers, and have struggled somewhat over the last four years to amass about 10k GBP in savings. We have a letter from my mother, including council tax records and mortgage statements, detailing a 5 room (kitchen and bathrooms excluded) detached house currently home to three adults, and inviting us to stay for as long as we desire without bills or rent.
Are we scuppered on the savings? Or does the 27 months / 2 years bit not apply to us since we will be entitled to ILR upon arrival?
And what about the income? Since we are currently in HK, neither of us has a job in the UK. My wife, with her fluent English, Masters degree and native Mandarin, may actually be more employable than I am! We can detail our prospects of finding work, based on our ages, qualifications, skills and experience, and they can review my N.I. records to see that even when I wasn't working, in my early 20s, I never fell back on the public purse. But what would you suggest we do to support this side of the maintenance requirement? I have sent off some e-mails to potential employers, but from what they have been saying I think it unlikely I'll be given a firm offer without a face-to-face meeting.
I'm trying to keep my wife up-beat and positive about this, in spite of the really quite nasty stuff coming from Damian Green, but I really am concerned that I may never be able to live in the UK again.
I am UK citizen by birth, and current passport-holder, and have been married to my Chinese wife for over 4 years. During all that time, and more besides, we have been living outside the UK in southern China and Hong Kong. We are currently living and working in Hong Kong and planning to return to the UK later this year.
Last summer, on a visit to the UK, my wife sat and passed the Life in the UK test. She is scheduled to sit an English language test at the British Council, later this month.
Under the 4-year rule, and with KOL, I believe my wife may qualify for ILR upon arrival (rule 8, para 281(i)(b) and 282(b)). I understand from reading this thread that she must be very clear in her application that she requires the 'Settlement Spouse/ CP' endorsement.
I have also read elsewhere that in a case such as this where settlement is being applied for under the 4-year rule, and where KOL is already established, that an ILE visa will be issued with no prescribed date of entry. I.e., that, once granted, the ILE visa does not have to be activated by a trip to the UK within any particular time period. This isn't hugely important to us, as we are pretty fixed on a Christmas return, however I would be grateful if anyone could confirm this as it would mean we might be able to begin our visa application a bit earlier (and possibly avoid any more disadvantagous rule changes).
Once we land in the UK, am I correct in thinking that my wife can immediately acquire ILR? And if so, how 'immediate' is this? Do we simply tell the officer at passport control that we wish to convert to ILR? Or do we have to make an appointment and visit some Government office? (will any such places be open over Christmas?)
And finally (sorry for the length of this), these financial requirements. I know that there is a requirement for spouses coming from outside the UK to have 27 months' worth of savings, and now, potentially, for the sponsoring partner to have to have a job paying in the region of 25k, but to what extent does this apply to us?
We are both teachers, rather than bankers or lawyers, and have struggled somewhat over the last four years to amass about 10k GBP in savings. We have a letter from my mother, including council tax records and mortgage statements, detailing a 5 room (kitchen and bathrooms excluded) detached house currently home to three adults, and inviting us to stay for as long as we desire without bills or rent.
Are we scuppered on the savings? Or does the 27 months / 2 years bit not apply to us since we will be entitled to ILR upon arrival?
And what about the income? Since we are currently in HK, neither of us has a job in the UK. My wife, with her fluent English, Masters degree and native Mandarin, may actually be more employable than I am! We can detail our prospects of finding work, based on our ages, qualifications, skills and experience, and they can review my N.I. records to see that even when I wasn't working, in my early 20s, I never fell back on the public purse. But what would you suggest we do to support this side of the maintenance requirement? I have sent off some e-mails to potential employers, but from what they have been saying I think it unlikely I'll be given a firm offer without a face-to-face meeting.
I'm trying to keep my wife up-beat and positive about this, in spite of the really quite nasty stuff coming from Damian Green, but I really am concerned that I may never be able to live in the UK again.
I see now that in some areas the UKBA says after only 2 years and then we have to stay in England full time for 2 years which is not an easy option for us. I then see other statements that say that if we have been living outside the UK for 4 years together we can directly apply for ILE and then switch to ILR from UK? MY husband is currently studying for the IELTS language test to prove he has sufficient understanding of English but would he still also then have to site the KOL test in England as well? I am so confused by all the conflicting information, and as far as I can see, no rules have been changed so far regarding the 4 years outside UK rule or am I wrong in that regard as well?
Please help...
May 24th 2012, 12:52 pm
#99
Just Joined
Joined: May 2012
Posts: 13
some explanation/advice on the 4+ year rule
Due to submit supporting documents next week for spouse visa. I am the uk citizen we have been married and living outside the UK for 5 years..I understand if we submit a cover letter stating this and that we should say we are also applying for the ILR ..this means husband will be granted permission to stay indefinatley..and the 2 years probationary period does not apply..am I correct? If so in my cover letter what do I need to write/state? exactly?
Also we will be supplying photographs with our supporting documents does anybody know...will they return these? or do we need to get copies to send to them as the originals will not be returned?
one more question...of course I understand they will require my husbands (visa applicant) passport for the duration of the proccessing of the visa apllication, but will they need to keep my (spouse/sponsor) British passport also? or will photocopies of the information page etc be acceptable for them, on two visit visa applications before they accepted photocopies of my information pages was just wondering as this is a settlement visa will they want to hold my passport also...any info to help would be very gratefully received thankyou
Also we will be supplying photographs with our supporting documents does anybody know...will they return these? or do we need to get copies to send to them as the originals will not be returned?
one more question...of course I understand they will require my husbands (visa applicant) passport for the duration of the proccessing of the visa apllication, but will they need to keep my (spouse/sponsor) British passport also? or will photocopies of the information page etc be acceptable for them, on two visit visa applications before they accepted photocopies of my information pages was just wondering as this is a settlement visa will they want to hold my passport also...any info to help would be very gratefully received thankyou
May 24th 2012, 2:36 pm
#100
Forum Regular
Joined: Oct 2005
Posts: 151
Re: UK Spouse Visa Information - evidence required etc
Hi everyone, getting very confused, any advice much apprecciated.
I am a British Citizen and married a USA citizen (who has ILR since 2006) in England 2004, we had a daughter who has dual citizenship. We lived in the UK until February 2010, when we came over to America. We returned to the UK in December 2011 for a couple weeks. We went through the UK passport routh as a family, and no one asked any questions, I have now realised my husbands passport was stamped with a visitors stamp, which apparently made his ILR null and void. I contacted Worldbridge who have given conflicting advice. Essentially he hasn't been out of the UK for 2 years so his ILR should be fine, apart from the mistakenly stamped visitors visa.
We want to return to the UK in August ready for the start of the new school year and for me to take a place I have been offered on a funded doctorate with bursary. I will be a full time student again. But I don't want to take any chances - there is the chance no one will notice the visitor stamp from December - but I am not sure if this data would have been computerized. The Worldbridge will not specifically tell me if it has been revoked or not. We really can't afford to start the whole process from scratch, and it seems really unfair when he hasn't been out of the UK for 2 years and the visitor stamp was an error.
I am thinking the worst case scenario is to apply now from the USA - for a Settlement Spouse/CP visa, with the KOL endorsement? Would his previous ILR affect this process?
Any help much appreciated, as I am aware I need to get moving on this asap.
Thanks!
I am a British Citizen and married a USA citizen (who has ILR since 2006) in England 2004, we had a daughter who has dual citizenship. We lived in the UK until February 2010, when we came over to America. We returned to the UK in December 2011 for a couple weeks. We went through the UK passport routh as a family, and no one asked any questions, I have now realised my husbands passport was stamped with a visitors stamp, which apparently made his ILR null and void. I contacted Worldbridge who have given conflicting advice. Essentially he hasn't been out of the UK for 2 years so his ILR should be fine, apart from the mistakenly stamped visitors visa.
We want to return to the UK in August ready for the start of the new school year and for me to take a place I have been offered on a funded doctorate with bursary. I will be a full time student again. But I don't want to take any chances - there is the chance no one will notice the visitor stamp from December - but I am not sure if this data would have been computerized. The Worldbridge will not specifically tell me if it has been revoked or not. We really can't afford to start the whole process from scratch, and it seems really unfair when he hasn't been out of the UK for 2 years and the visitor stamp was an error.
I am thinking the worst case scenario is to apply now from the USA - for a Settlement Spouse/CP visa, with the KOL endorsement? Would his previous ILR affect this process?
Any help much appreciated, as I am aware I need to get moving on this asap.
Thanks!
May 26th 2012, 9:58 am
#101
Just Joined
Joined: May 2012
Posts: 13
Re: some explanation/advice on the 4+ year rule
Hello all anybody with any advice on my topic at all? would be most grateful especially the question regarding the ILR cover note for 4+ years married outside UK, just need a bit of help as to how to word the cover note have looked back over lots of threads but cant find any info on how letter should be worded. is... "spouse/settlement visa application with application for ILR KOL required as described under the 4+ years married outside of UK" . sufficient to write on cover note? is there anything else I should quote?
Thanks for any one who can help with answers.
Thanks for any one who can help with answers.
May 26th 2012, 10:24 am
#102
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: some explanation/advice on the 4+ year rule
The endorsement KOL Req is not ILR, so you wouldn't mention ILR and just request the endorsement KOL Req due to 4+ years both married & living outside the UK. ILR won't be granted until the Life in the UK test is passed, and ILR has been applied for.
May 28th 2012, 5:51 am
#103
Just Joined
Joined: Oct 2011
Posts: 9
Re: some explanation/advice on the 4+ year rule
I can only quote my experience in Moscow, it may vary. Original documents are returned. Since all our photos were digital, I cut and pasted one family photo from each of 14 years' of marriage into a Word document, which was submitted. I (sponsor) accompanied my wife to hand in all the docs a) to show (not hand in) original passport (they also had a copy) and b) to deal with surprises. The surprise was their requirement for me to sign their financial guarantee statement (not an official requirement). My wife had already taken KOL so she got ILE.
Immigrationboards.com is a huge resource for this process.
Immigrationboards.com is a huge resource for this process.
Jun 6th 2012, 11:12 pm
#104
Forum Regular
Joined: Sep 2004
Posts: 212
Wife just done biometrics for spousal visa (uk)
Getting ready to send in application, does anyone have a clear list of supporting docs that I need to send? (I have most of what I think I need as I did US citizenship 18months ago)bearing in mind we have been married 25 years this year.
Also do I need to write letter as her sponsor and one last thing,if and once she gets approval does she have to fly into a specific city like on pet passport or can she enter uk anywhere?
We are moving to Northern Ireland and she would like to fly into Belfast, is that ok ?
Thanks all
G
Also do I need to write letter as her sponsor and one last thing,if and once she gets approval does she have to fly into a specific city like on pet passport or can she enter uk anywhere?
We are moving to Northern Ireland and she would like to fly into Belfast, is that ok ?
Thanks all
G
Jun 7th 2012, 12:26 am
#105
The Kwisatz Haderach
Joined: Aug 2008
Location: North Wales
Posts: 8,080
Re: Wife just done biometrics for spousal visa (uk)
Well done, no help from me on the documents. Good luck.