Spouse visa/ mortgages?

Old Jan 12th 2009, 1:54 pm
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Default Spouse visa/ mortgages?

Thinking ahead here and I think we will get ILR as the gov site seems to suggest we can get this if we've been married and living outside of UK for 4yrs. We've been married 4 yrs in Nov and were living together before that, but if I go ahead in Sept as planned, we'll miss (officially) the 4yrs, so I'm not sure how they'll view that, but Mrs Triboy may have to go on a Spouse Visa (2yr).

Wondering if anyone has brought their OH across on a Spouse Visa and have managed to get a mortgage with them considerd as well? (obviously with them working) or would it be down to just me until they have ILR?

We'll have a fairly decent deposit.
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Old Jan 12th 2009, 2:05 pm
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Default Re: Spouse visa/ mortgages?

Originally Posted by Tr1boy
Thinking ahead here and I think we will get ILR as the gov site seems to suggest we can get this if we've been married and living outside of UK for 4yrs. We've been married 4 yrs in Nov and were living together before that, but if I go ahead in Sept as planned, we'll miss (officially) the 4yrs, so I'm not sure how they'll view that, but Mrs Triboy may have to go on a Spouse Visa (2yr).

Wondering if anyone has brought their OH across on a Spouse Visa and have managed to get a mortgage with them considerd as well? (obviously with them working) or would it be down to just me until they have ILR?

We'll have a fairly decent deposit.
We are awaiting the decision on OH spouse visa. You should be fine for obtaining one. All you need to do is prove you have been living together as a couple etc in all that time and provide evidence that you can support your wife without recourse to public funds in UK for 12mths. I am sure you qualify on both scores. Your wife will have to do the knowledge of UK test once she gets there

Not sure about mortgages, but cant see that it would be a problem if you have a decent deposit over 20%
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Old Jan 12th 2009, 2:13 pm
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Default Re: Spouse visa/ mortgages?

Thanks for that. this is where I get a bit confused. I know we can get a 2yr Settlement Visa (we had one before). Maybe I'm confusing terms with Spouse Visa. From reading the Gov site it says in some cases ILR can be granted straight away, which is where the 4yr thing comes in. I'm reading it that we can apply and get a full ILR type visa before we/she arrive.

But I'm reading your post and another on a different thread that implies that she arrives on 2yr Settlement Visa (temp) and then it is converted to ILR after taking the UK Test, is that right?

I'm Confused.com

as for the deposit, depends where and what we buy, but generally we'll be in the high 30s to mid 40s %.
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Old Jan 12th 2009, 2:18 pm
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Default Re: Spouse visa/ mortgages?

Originally Posted by Tr1boy
Thanks for that. this is where I get a bit confused. I know we can get a 2yr Settlement Visa (we had one before). Maybe I'm confusing terms with Spouse Visa. From reading the Gov site it says in some cases ILR can be granted straight away, which is where the 4yr thing comes in. I'm reading it that we can apply and get a full ILR type visa before we/she arrive.

But I'm reading your post and another on a different thread that implies that she arrives on 2yr Settlement Visa (temp) and then it is converted to ILR after taking the UK Test, is that right?

I'm Confused.com

as for the deposit, depends where and what we buy, but generally we'll be in the high 30s to mid 40s %.
Yeah, thats basically it. You can only do the UK test inside the UK so they grant you the visa and once you have done it, you basically have the ILR ifyou have been married more than 4yrs... thats my understanding anyway.

I doubt you will have too many problems with a 30 - 40% deposit. Might have to wait a abit to get 3 mths wages slips from what other people have said here recently.
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Old Jan 12th 2009, 2:24 pm
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Default Re: Spouse visa/ mortgages?

Originally Posted by Fleaflyfloflum
Yeah, thats basically it. You can only do the UK test inside the UK so they grant you the visa and once you have done it, you basically have the ILR ifyou have been married more than 4yrs... thats my understanding anyway.

I doubt you will have too many problems with a 30 - 40% deposit. Might have to wait a abit to get 3 mths wages slips from what other people have said here recently.

Thanks Flea. So basically even if you qualify on paper, ILR will only be granted from UK. So the path is: 2yr Settlement Visa/arrive in UK/ married for 4yrs/ take UK test in UK= ILR Visa granted?

We'll rent anyway for at least 6mths, so 3mth wage slips won't be an issue. Just be better if we could have a mortgage together. Mrs Triboy has an aversion to being a temporary anything
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Old Jan 12th 2009, 2:36 pm
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Default Re: Spouse visa/ mortgages?

Originally Posted by Tr1boy
Thanks Flea. So basically even if you qualify on paper, ILR will only be granted from UK. So the path is: 2yr Settlement Visa/arrive in UK/ married for 4yrs/ take UK test in UK= ILR Visa granted?

We'll rent anyway for at least 6mths, so 3mth wage slips won't be an issue. Just be better if we could have a mortgage together. Mrs Triboy has an aversion to being a temporary anything
Yeah, maybe drop JAJ a line. He might not answer you on this thread as he not my friend. He wont speak to me.
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Old Jan 16th 2009, 4:03 am
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Default Re: Spouse visa/ mortgages?

Originally Posted by Tr1boy
Thanks Flea. So basically even if you qualify on paper, ILR will only be granted from UK. So the path is: 2yr Settlement Visa/arrive in UK/ married for 4yrs/ take UK test in UK= ILR Visa granted?

We'll rent anyway for at least 6mths, so 3mth wage slips won't be an issue. Just be better if we could have a mortgage together. Mrs Triboy has an aversion to being a temporary anything
Hello Triboy,

I THINK the current rules as they stand, offer ILE to spouses once they have been married for four years and living outside of the country. I recall reading that they can add a proviso that they KoL test needs to be done, but still issue some form of ILE. On the immigration board, the suggestion is to try and go back for a holiday do the test and then apply for ILE.

If you apply before the four years, your spouse will be on the two year spousal visa, in which time she'll have to complete the KoL test and after another two years, providing she meets all the criteria, she'll get ILR.

I believe ILE is Indefinite Leave to Enter and offered from outside of the UK and ILR Indefinite Leave to Remain and offered from within the UK. Though essentially they sound the same to me.

One thing is that these regs seem to be fluid, and I know a consultation paper was issued last year and some legislation is being proposed to take away ILE and ILR and replace it with 'probationary citizenship'. Where it would take 5 years to get to a point where you could chose between permenant residency or citizenship.

This is my understanding of it, I haven't kept up with it as my wife and I will not have been married for four years before this legislation is likely to have come into place.

For the mortgage, apparently it's really difficult to get a mortgage in the UK at the moment, but I don't think that not being a citizen or a ILR would be an issue and having a good deposit would definitely help.

Good luck.
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Old Jan 16th 2009, 8:47 am
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Default Re: Spouse visa/ mortgages?

Thanks Dave, that was very helpful

Given that we we may be just short of married for 4 yrs out of the UK before I go on ahead, but we were living together before that (although that may be hard to prove), we are thinking to take a trip to Canberra before we apply and ask them directly. We're in Sydney, but regularly go to Canberra for triathlons etc, so staying over on a Monday might be time well spent. I get the feeling if I make 3 phone calls to the BHC I'll get three different answers.
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Old Jan 19th 2009, 8:53 am
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Default Re: Spouse visa/ mortgages?

Originally Posted by Tr1boy
Thanks Dave, that was very helpful

Given that we we may be just short of married for 4 yrs out of the UK before I go on ahead, but we were living together before that (although that may be hard to prove), we are thinking to take a trip to Canberra before we apply and ask them directly. We're in Sydney, but regularly go to Canberra for triathlons etc, so staying over on a Monday might be time well spent. I get the feeling if I make 3 phone calls to the BHC I'll get three different answers.
You would be right with the information give over the phone, though I think that most would just be reading out of the website.

Good luck with the application. For me, I don't understand why if you prove that you are genuinely married, why you don't get an conditional permenant residency. Pretty much as the spouses of US citizens get.

Good luck and let us know what happens.
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Old Jan 19th 2009, 10:52 am
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Default Re: Spouse visa/ mortgages?

Their phone line is a complete rip off.

OH had to ring them the other day as it was bugging him that they hadnt emailed to say they had reeived all our documents. The woman asked OH what visa he was applying for and when he told her she shrieked with absolute glee saying " oooooh you'll be waiting at least 3mths for that one"

I sincerely hope not!! :curse: Finks came on here a couple of weeks ago saying that it took 4 weeks for theirs!
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