Leverseaux

Hi everyone, I'm new to this thread and I have read through but there still some areas of concern I would like to seek your advice in. Thanks so much in advance for your help. All your success stories have given me alot of hope in this journey.
My fiancé and I have been going back and forth about this whole subject and we thought to seek a few more opinions before going ahead with the application for a Spouse Settlement Visa for me.

My fiancé is a UK Citizen (he was born there) and has been living and working there since Feb 2011. Previously he was living and studying in Singapore. We met here in 2007 and have since been in a genuine and subsisting relationship. In Feb 2011 he returned to the UK with intending to further his studies and settling there. We got engaged when he came to visit Singapore in Feb 2012. At the moment he is still in the UK.

We both intend to get married next month in Singapore. Our plan is to get married and then apply for a Spouse Settlement Visa for me before I travel to the UK to join him. Would like to seek your opinions on our application details as the application fee costs alot of money and we really hope and pray to come out at the end with a visa so we can be together in the UK.

1) My husband will be submitting bank statements and wage slips to prove his employment history at his current workplace. His annual income from this employment is approx £13,000. To meet the minimum requirement of £18,600, we are including wage slips from his part-time employment as an associate with a construction company. Annual income for this is approx £6000.

2) We do not have any substantial amount of cash savings. We are relying solely on his income from full time and part time employments as mentioned above.

3) Am I allowed to include a prospective job offer to add onto the financial requirement section? I am able to obtain a letter from a store manager from a Mark's and Spencer outlet in Gloucestershire stating their interest in hiring me together with salary details. Can I include this in my application?

4) According to the UKBA website, GCE 'O' Level English language pass is not in the list of approved English tests. I have 7 GCE 'O' Level passes. Only Cambridge IGCSE is accepted. I have done some digging and found an official PDA file issued by the Cambridge Internal Examinations stating that a B3 GCE 'O' Level pass is equivalent to a B grade in the IGCSE examinations. I will be including this evidence in the application to explain how I meet the English language requirement. I am trying to avoid taking an additional test as I believe that I more than meet the basic reading, writing, speaking and listening requirements. My entire education course while in Singapore was conducted in English.

5) Accommodation - My fiancé is currently living in a rented flat and owns a car. I will be including a letter from the landlord stating their agreement in me coming to the UK and living with him in the flat. At the moment my fiancé does not own any property of his own in the UK.

6) I will also include an expenditure chart for us.

What kind of documentation do I need to provide to prove that we have been in a genuine and subsisting relationship for the past 5 years? How do I go about proving this? Will printouts from Facebook accounts and photos be enough?

Once again, I would really appreciate any sort of advice anybody can give to us. Thank you again in advance

Panhandle

As every case is different its hard to know what documents you will need so here is the UKBA website link to documents:


http://www.ukba.homeoffice.gov.uk/vi...-cp/documents/

johnh009

We have just been through this. What I would say is that they will be basically looking for you to prove that you have a genuine releationship. As you have realised, at this point, make sure you save all correspondence between yourselves, evidence of any co-habition such as utility bills, property leases (preferably in both names), bank statements, etc. They need original copies of everything, not computer printouts or copies, so make sure you save them. Getting all of the documentation together is the hardest part. I would include as much eveidence as you can.

Save everything you can if you get here because you have to go through a similar process again when you apply for Indefinate Leave to Remain.

Vexcore

Why would you need to get the 'documents' again for Indefinate Leave to Remain? if you've already got the spouse visa.... why would you need to 'proove' you n ya partner are geniue ? lol sh!t doesn't make sense 0.o

johnh009

A spousal visa lasts for 2 years and 3 months. Before this time period expires, the spouse/applicant has to apply for Indefinite Leave to Remain (ILR) status. The application process involves completing forms and providing evidence that you are both still cohabitating and can support yourselves financially. Obtaining a spousal visa is not the final step by any means.

Once ILR is obtained, after the required time period, the spouse/applicant can then apply for citizenship. Note that applying for ILR costs almost £1000 and approximately £500 for each child. I suppose there is another fee involved when applying for citizenship.

Here are the forms you have to complete for obtaining ILR so you can see what you need to prepare for:

http://www.ukba.homeoffice.gov.uk/si...etm0420091.pdf

Vexcore

£1000? 0.o jesus didn't know ILR was that expensive 0.o

if you get ILR can you apply straight away for British citizenship?

johnh009

According to this it is 12 months. The more steps in the process, the more cash they can extract from you.

http://en.wikipedia.org/wiki/Indefinite_leave_to_remain

roaringmouse

A person who is married to a British citizen currently does not have a minimum time they must hold ILR before applying for citizenship, as long as they meet other requirements. Of course this may well change before people applying under the new rules are able to obtain ILR/citizenship which will be from July 2017.

WEBlue

John, did you apply for your spouse visa under the old rules? (The old rules ended 8 July, 2012.) I ask because your spouse visa - ILR timeline seems to be the one from the old rules, which are in effect only for those who received their visas prior to the rules change.

Since 9 July 2012, all entry clearance spouse visas issued last for 33 months. Then the spouse must apply for a second (LTR) visa that will last a period of 30 months. THEN--only after the two limited-time visas have run their course--ILR can be applied for.... It takes 5 full years of residency in the UK to get ILR under the new rules.

http://www.ukba.homeoffice.gov.uk/si...mily-migration



This thread was begun and ended BEFORE the rules change, so some of the info on it is no longer true for new applicants.

rachococo

We have all the joint rental agreement, enough bills in each of our names at this address, our daughter is in the local school. Just worried about income, combined we have about £25,000...

johnh009

Yes, we started the process in 2009. I suppose under the new rules there is a fee to pay at each stage. It is probably the only governement department that makes a profit.

dontheturner

The other thing you didn't mention, is Pension Credit. Even the UK sponsor, has to stop claiming, all these benefits, if the ''Alien'' hopes to put in for ILR. There is a ban on benefits, for the both of you.....It states, on the SET M forms ''Confirm here you are claiming no benefits, in the UK holder's name.....''

Vexcore

But by 'law' doesn't a British citizen have the right to apply for the benefits?

Even after spouse visa is issued he can apply if his funds less then 16k or he lost a job? its common sense... but what would the UKBA do ? if he lost a job ? 0.o

plus it doesn't effect his wife at all if she doesn't apply for anything

(which of course she won't) - it would seem UKBA have overlooked the 'benefit' rule well in my eyes anyway. someone up their isn't thinking.

the whole thing is a complete mess.

Perth

Don, do you know if the non UK spouse who has reached retirement age is entitled to the free bus pass and prescriptions? Not sure if these come under the category of "benefits."

englishguygoinghome

Check out the guidance on public funds on this page: http://www.ukba.homeoffice.gov.uk/si...sed/cross-cut/
In particular:
Bear in mind this is the internal UKBA guidance which gives an insight into how they interpret the rules. Act within in this and you woudl normally expect to be approved (although too many people's experience shows that is not always the case). Go outside and you may need to ask a judge to decide between your interpretation of the rules and the UKBA