SmallGoodWolf

Hi all,
In our totally exhausted state from painting and fixing up the house to sell, so we can come home, we are having a few worries with the Spouse settlement visa form. (VAF4A)
I am English,my wife is Australian. Half the questions seem to be couched in a way that assume we have hardly met or just met, we have been married for 15 years and have two children.
I had previously mailed the visa people in NZ and the guy mentioned a "Wife Entry Certificate", is this something else?
Or does anyone know of a good Visa agent in Melbourne, is this necessary? or are we overthinking this.

Arrgh

Cheers

johnh009

I have been through this and it does appear confusing at first. The questions can be daunting but what you must remember is that they are trying to establish that you are not in a marriage of convenience and that you who are you say you are. They operate on the Napoleonic Code, that is "guilty until proven innocent". The hardest part is getting together all of your information for submission. Take a step back, print out the VAF4 form and go through it sequentially and "assemble" all of the documents you need for submission in a file. This may also include past photographs, letters, etc. to show you have a bone fide relationship. Basically, the more you can give them, the better it will be. I went for overkill.

You can submit your application online. Obviously, you have to deliver hard copy documents personally.

A stumbling block can be that you must have accommodation to go to in the UK. This may or may not be a problem for you. PM me if you wish as I am sure you will have many questions. There are some very informed people on this site so I am sure you will get some good advice.

SmallGoodWolf

Thanks, I think we will be fine. I did some googling and you see some classic questions about the filling in of the form, from outright "This is just a sham marriage, so what should we put here?" to "We havent actually met each other yet, but I have spoken to her over the phone".
We on the other hand have been playing the long game, get married and live together for 15 years, have two kids, buy a house, then POW! we sneak into the country, they wont be expecting that one.
Cheers

pennylessinindia

no need for an agent
also look on www.immigrationboards.com lots of good help
as you have been married for so long look to apply for ILE

SmallGoodWolf

This all leads to another question: is the fact we are selling our house here enough to satisfy the "sufficient funds"? Do they need the funds sitting in the bank or can they see that they will be there when we move. How much do they see as sufficient anyway?

johnh009

Basically, they want you to be able to support yourself without living off the state. If you had less money but a job offer, they would probably take that into account. They will ask to see original copies of recent bank statements and proof of other funds, etc. They will not take your word for it.

I would think that you need to have the house sold and the money in the bank by the time you are ready to apply anyway. This is what we did and moved into a short term rental. In our case, after doing an online application, the visa approval process took about two weeks.

desertflowers

Just provide as much details as possible in order to prove your financial situation - recent bank statements, proving income, savings etc.

They just want to ensure you will not be a burden on the state.

Provide details of accomodation in the U.K, if your going to stay with family / friends until you find something, add a letter to support your application stating this.

Ensure you enclose all the neccessary documentation that is required and which proves your long term marriage, life together and your healthy financial situation.

Because the application is made from abroad if a visa is issued it may state - ILE which we've just found out is the same as ILR. Hence, your wife will have the right to remain in the U.K indefinetly. The Spouse Visa with ILE - does not expire. However there will be an expiry date on the visa, this is just an admin requirement.
Note that the only restriction with a Spouse -ILE is unable to live oustide of the U.K for a total of 2 years.

No need to apply for another visa, the only next step if you wish to take is to apply for a passport after living in the U.K for 3 years.

All the best,

SmallGoodWolf

My wife's visa came back today.
Though as type it says: Settlement to join /ACC Partner (KOL required)
its on valid until 10/2013.
Does this mean we have to apply for ILR later?.
I suppose we will just have to do whatever it takes. As they tell my Daughter at crèche "you get what you get and you don't get upset"

desertflowers

Ha ha! Seems they are teaching your daughter well!

Congrat's that the visa was processed.

I assume that you would need to apply for ILR. If you contact the UK Border Agency via telephone, an advisor will be able to help you with any questions that you may have regarding the given status granted to your partner and what you'll need to apply for thereafter.

I spoke to them regarding our situation and they were helpful and gave detailed and sound advice.

Good luck!

desertflowers

Forgot to mention that a Test in the U.K will need to be completed by your partner, unsure if this needs to be done on arrival or prior to departure?!

Again the UK Border Agency advice line is your best bet.

SmallGoodWolf

Thanks, I think we will just get home to England and deal with it then, I suppose it will entail another pricey visa, but that just seems to be the way of things nowadays

Thanks again for the help

roaringmouse

Your wife will need to take the Life in the UK test, which can only be taken in the UK.

Once passed she will be able to apply for ILR using SET(M) form - in her case she is able to apply for ILR any time before the initial 2 years is up, rather than having to wait for 2 years. And yes, it does mean another pricey visa application (currently £972 by post, or £1,350 in person).