kuma777

Hi! I have been researching over the last few months concerning the application of Spouse Visa for my wife who is Korean. A few things that make this a bit unique is that:

- We met and worked in Japan until the end of 2018 (I am British but been working and living in Japan for the last 7 years, my wife was there for university and work also over last 10 years.
- We have been together for just under 3 years and was married officially in Korea July 2018.
- We left Japan (giving up our residence card) at the end of December 2018 and now in Korea (myself on tourist visa)

One of the things that I wanted to confirm is that it is possible for us to apply for the spouse visa without me being in the UK?
As I mentioned I have spent 7 years in Japan and was a resident there but gave up that visa when leaving in December 2018 to come to Korea (as a tourist). I have a permanent address in the UK (parents house).

I believe in the on-line application when we fill it in part 7 we detail my information.
Such as my permanent home address (this would be UK) I assume, but for Sponsor's correspondence address would I keep this as UK or change to Korea. Similar for the questions

7.19 Sponsor's normal country of residence? -> Would I write Japan or now that I have 'left' put UK?
7.20 Where is your sponsor now? -> Korea
7.21 Will your sponsor be travelling with you to the UK? (select the relevant box) -> Yes (after getting her visa confirmed we will travel there together)
7.22 Is your sponsor currently living in the UK? (select the relevant box) Yes No -> I would also put this as No?

Thanks for anyone that can shed some light on this. We are in a bit of a unique situation and wouldn't want to be denied the visa just because I didn't fill in this section right.

OSJG

Shouldn't you have a job offer (that you have to resume in 3mths or so) in the UK if you're not presently resident and working in the UK when your spouse is applying? I think there's such a clause.

kuma777

Hi OSJG, thanks for the reply. We can meet the Financial Requirements in cash which we have kept in a British account for over the last 6 months. I was working at a Japanese company in Japan and no job or employment in the UK at the moment. My understanding is that if we can show we meet the Financial Requirements in cash then we (I) don't need a job offer.

Do you mean that there is a problem if I am in Korea (on a tourist visa) when my wife submits the application?

Thanks again for the help! It is all very confusing!

OSJG

Oh cash savjngs is an acceptable route. However I am not sure exactly about the tourist visa part. I'll leave that for the experts to comment. I do know you have to be legally resident in the country you're applying from.

BritInParis

You have given up your residency in Japan and you are only a visitor in South Korea so your current country of residence defaults to the UK. There’s no issue regarding your immigration status in South Korea when your wife submits her application. She needs to be a citizen or legal resident of the country from she applies (which she will be).

Your answers therefore should be:

7.19: United Kingdom
7.20: South Korea
7.21: Yes
7.22: Yes

To confirm, you have at least £62,500 in a cash savings account held at this level or more for the last six months?

Are you planning to use your parents’ home to meet the accommodation requirements?

kuma777

Hi BritInParis, thank you very much for the clarification. It was also my assumption that after I gave up my residence in Japan that it would default back to the UK.

However for the part 7:22 it mentions that that if 'yes' I have to fill in when I arrived in the UK:

7.22 Is your sponsor currently living in the UK? (select the relevant box) Yes / No
If 'Yes' when did he / she arrive in the UK?

As I have actually haven't been back to the UK since leaving Japan, what do you think I should put here? If I mention from the date I left Japan, then there is no such evidence of me actually going back to the UK since then in my passport.

Also for your other questions, yes we have more than £62,500 in a British bank account for more than 6 months.

For accommodation I am think that it will either be parents home or my sister's, it might actually be easier to get the required Tenancy agreement etc for my sister's place rather than parents.

kuma777

Just a quick follow up. The previous questions were the ones I was checking on the written application (VAF4A-11-18) as at the time we didn't have my wife's passport (Being renewed and couldn't make an on-line application). I assumed that the questions would be the same, so was preparing before starting our on-line application but seems that I was wrong. On the on-line application they don't ask for the entry time of going to the UK etc.

But they have a couple of other questions which I am confused about.
As can be seen in the attachments (EDIT: Tried to attached the screenshots but can not until do at least 5 posts) .

In one section they ask if the Spouse / Partner is current lives with you and their permanent address.
In another they also ask if the sponsor is currently living in the UK or not, where is the sponsor now, and if they will be traveling with you to the UK.

As mentioned I am currently living with my wife now in S.Korea (tourist visa) after leaving Japan. But I assume that I would put down:

If Spouse / Partner currently lives with you -> No (I assume I need to put no here if I later put that I am living in the UK in the other question??)
Spouse / Partner Permanent Address -> UK parent's address
If the sponsor is currently living in the UK ->Yes (Again if I say Yes to we are currently living together, then I can't put that I am also living in the UK??)
Where is the Sponsor now -> S.Korea
Will be traveling together -> Yes

My main concern is I believe I have to send in copies of my passport and it will show that I was actually not in the UK during the time of application, or been in the UK for over a year . Of cause we do not want to give any false or misleading information either, but just not sure of their wording. If I put that I am currently living with my wife in S.Korea AND also currently living in the UK it seems to be contradictory?

Again thanks to everyone for their help and support.