UK Spouse Visa Information - evidence required etc
 

Start at http://www.ukvisas.gov.uk

Re: Spouse's visa, healthcare and all that jazz. Please help if you can.
 

If you are intending to settle you are entitled to NHS care, you just need to register with a GP. It's a fact even though some doctor's receptionists aren't aware of it!

The UK does not stop people bringing a foreign spouse to live with them based on medical reasons, unlike some other (IMO coldhearted) countries. There is no medical, although at the airport you arrive at they do reserve the right to screen people for medical conditions. This would only be likely if they thought someone had something contagious they were bringing into the UK, like TB for eg, something that other people could catch.

(There is TB screening for people from certain countries where TB is prevailent, I don't think Japan would be one of them).

UK Spouse Visa Information - evidence required etc
 

I'm looking into obtaining a spousal visa for my wife and noticed this..

http://www.ukba.homeoffice.gov.uk/vi...y/maintenance/

Maintenance (funds)

Can you apply?

This page explains how you can meet the maintenance (funds) requirement when you apply to enter or remain in the UK as the husband, wife or civil partner of a British citizen or a person settled here.

You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for:

* 27 months, if you are applying from outside the UK; or
* 2 years, if you are already in the UK and applying to switch from a different immigration category.

This is called your 'probationary period'.

You will not have access to most public funds (such as state benefits) during your probationary period.



Does this mean we need roughly three years of a full time salary to qualify for a settlement visa?

The site doesn't say how much money is needed.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Proof of a job that earns enough maybe?

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

My wife and I are trying to find out the same thing. What is the £/$ amount we need to have in the bank in order to meet maintenance requirements?

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

this link may help you a bit more

http://www.ukba.homeoffice.gov.uk/po...dance/ecg/maa/

In principle you must show in the 27 months that your spouse will not claim any benefits, so you the sponsor need to have a job or income that is above the benefit threshold. (In practice the spouse must not claim the benefits in the 27 months if the visa is granted)

So to do this the sponsors should show that the income they have each week after mortgage/rent and council tax and any large loans is at least £105

If you have a lot of savings and a good chance of a job or have secured a job should be no problems

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

My husband has his spouse application in at the moment :fingerscrossed: and currently we both live abroad. We do not have a large amount of savings, but submitted bank statements plus cvs, educational certificates and jobs available in the area we will be staying for both of us. A financial plan of how we will support ourselves once we get employment. Also support from a friend with a bank letter of her savings saying she is more than happy to help us until we find job. Plus an explainanation of how the savings we currently have will be sufficient for a good few months or more until we find work.

Dont know if this will work, but ill let you know. We did ring the UKBA before hand and they said that they dont expect you to hav elarge amounts of money, the 105 quid per week per couple is sufficient. Just they dont tell you how long.

Annoying as nothing is clear cut. This is why we are nervous about my husbands visa, but hopefully we got nothing to be nervous about. ;)

MAA10 Assessing adequate means of maintenance
The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

the applicant's past and current employment

do the applicant's / sponsor's educational qualifications and any other skills or qualifications offer a reasonable chance of obtaining employment? If so, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

the sponsor's current or proposed employment;
any plans the applicant has for employment in the UK
What is the unemployment situation in the area in which the couple intend to settle? High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them), is not in itself sufficient to show that the maintenance requirement has not been met. It would be a relevant factor if the couple's plans were not realistic or if they did not have any skills or qualifications
any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;
satisfied that job offers are genuine and the work likely to last for the foreseeable future;
any support which will be forthcoming from others.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Thanks for this information, I found it very useful.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

I'm curious about this:

http://www.ukba.homeoffice.gov.uk/po...dance/ecg/maa/

There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.



So if a family moves to the UK, husband is a British citizen, there is no objection to the husband claiming child benefit and tax credits, but his wife would have no recourse to public funds.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Correct but the spouse cannot be taken into account with regard to receipt of any benefits.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

So I am guessing it's a bit of a catch 22 in that, if the UK citizen is unemployed they can claim benefits for themselves but not their spouse, but if the non-UK spouse is working it is taken into account when calculating the UK citizens benefits.

Frustrating when you have been married to a non-Uk citizen for 9+ years but lived overseas, yet hear stories of less deserving non-UK 'asylum seekers' being sponsored by the UK taxpayer.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

OK, I called someone at Marriagevisahelp.com and they told me, based on my savings, that we should be OK even if I do not have a job to go to.

The rep said that she has had individual clients who want to bring their family over, including children, with only $10,000 in savings.

Bottom line, if you're moving to the UK with kids, you will need a reasonable amount of savings, it does not have to be 27 months of salary (about 2 1/2 years) which is pretty much out of range for most people, but it should be sufficient to maintain a family without recourse to public funds.

What you have after you've paid your rent/mortgage, council tax and utility bills should be 105 pounds a week for a couple and an additional 58 pounds a week per child.

Even though the rules say otherwise, it appears you can show statements of IRA's (Individual Retirement Accounts) for additional backup.

If you're going to the UK with a spouse and no children, I would imagine that $10,000 to be more than sufficient, but again, other factors have to be taken into account, such as do you have a job to go to, what accommodations will you have etc.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

OK, I get you, but let's say I move to the UK and get laid off and claim unemployment benefit, do I fill in the form and not include my wife and kids and call myself a family of one? Wouldn't this be lying by omission? Or do I tell the benefits officer that we're a family of four but please only give me the benefit for myself.

It's a mindbender.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

This seems to be the case.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Even more miffing is that next year long term marriages will not be recognised and everyone will be treated as newly marrieds

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Hope this information helps you but if you and your wife have been married for over 4 years then you can apply for her permanent residence as soon as you land in the UK. The 27 months option only applies to couple who have been married for less than 4 years, where they have to wait for 2 years before applying for Indefinite Leave to Remain visa.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

This is true and it is hard to determine from their rather confusing website. Even when I phoned their call centre in the UK, the staff there were not aware of this.

I have just sponsered my wife from Canada. Generally it went quite smoothly and quick (3 weeks). Regarding the funds the OP mentioned, I believe there is no definitive amount stated, they just want to make sure the person being sponsored will not have to rely on government funds for the period you mentioned. They will however get full entitlement to the NHS.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

The whole process has become so bloody complex that you will get a different answer depending who you speak to from their staff in the call centre in the UK. No doubt it is all buried in their web site somewhere.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Do you know if this has this finally been decided or is it still cast in jelly?

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Cast in jelly no I doubt it, government consultations have the habit of already being decided or almost. So cast in stone more likely.
It could be part of the great political game - announce it really bad "consult" and then not make it quite so bad and everyone (well politicians think we all fall for it) thinks they have listened and cause it is not quite so bad as first thought we all feel so much happier!!

I for one am looking at it as done and dusted so trying to get a speedy return to the UK before changes.

I believe it is a bit of a back lash to the wide open door we had and now it is being firmly shut and may be sometime in a couple of years it will be a little ajar!

I think if you have been married a number of years and getting a bit older and think you may return in the next couple of years it may be worth looking carefully to see if you can go earlier?

Re: OVER 50's+ MOVING BACK TO THE UK - Part II
 

Hi Everyone, Trotty asked me what did we do to get my husband's visa issued successfully. I thought I would post the information here in case anyone else is going through the same process.

Firstly, all documents must be originals or official certified copies.

The form required is Settlement VAF4A which, along with the Guidance notes, can be downloaded from the UKBA website. I filled out the forms manually before doing it online just to make sure we had all the required documentation.

I was the sponsor of my husband. We sent in Husbands current and previous passports. Birth certificate, husband is an American living in Canada..so proof of his legal residence here. Our marriage certificate and all previous divorce documents. Husbands discharge papers from the US Marines to prove he was honourably discharged after seving his country for 4 years (they do ask for information regarding service in the armed forces) My British birth certificate and British passport, to prove my citizenship. An officially certified copy of the information page of my Irish passport. US and Canadian Tax records going back 10 years, lease/rental agreements for same time period to prove co-habitation. 6 months bank records for both of us. Financial information showing what our income will be, pension statements etc. Proof of accommodation in the UK..letter from landlord along with their proof of ownership of property. We also included a letter outlining our projected budget for food, utilities and rent for the foreseeable future. You have to show proof that after paying rent/mortgage and council tax that you have at least 105pounds 95pence for two people to live on per week. I think that just about covers it, but, and this is important. Make sure you ask for the correct visa. We asked for ILE without any conditions based on the length of our marriage and the fact that as my husband is 65 no KOL is required at this time. He will have to take it later when he applys for citizenship but for now he does not have to worry about it. Asking for this is important because it will save you money, firstly no fee for KOL, secondly no future requirement for more permissions. Your visa will expire when your passport does, and you must request the Foreign Office in the UK to transfer it to your new passport, there is no charge for this as far as I know.

I pretty sure this covers everything we did, if anyone has any questions I will be happy to answer them and if I have forgotten anything I will post when remembered.

Good luck to anyone going through this, it really is a simple process if you gather all the documents and stay calm. Elizabeth

Re: OVER 50's+ MOVING BACK TO THE UK - Part II
 

Just one more thought, Visas are given, or refused, based on the information sent in at the time of application. So if a visa is refused, say because of no proof of marriage, you cannot now send in proof of marriage and ask them to change their minds, well, you can ask, but the chances of them changing the ruling is slim to none. The best thing is to bite the bullet, re-apply with all the necessary documentation and have your visa in a couple of weeks. Our timeline was very fast, within a week we received an email saying the visa was issued and three days later it arrived via courier. By the way, add to the previous information a passport sized photo of my husband was included, this is used on the visa when granted. Elizabeth

Re: OVER 50's+ MOVING BACK TO THE UK - Part II
 

Yes, they will have to send you a letter saying it is OK for you to stay there and also they must provide proof that they are the legal owners of the property, a mortgage payment slip or council tax bill, utilities bills would be fine as proof. The letter must state number of rooms other than bathrooms or kitchens. This is to show that accommodating you and your husband will not create an overcrowding situation.

UK Spouse Visa Information - evidence required etc
 

I've gathered some posts together which contain information about Spouse Visas for the UK. A couple of the posts are really informative and will be useful to other people so I thought we should make them more prominent so the info can be found easily. The original posts from the "Over 50s thread" are still in that thread, I've just copied them to here. If anyone has any more info or links that would help applicants for UK Spouse Visas in the future, please add to the thread :) Although BE doesn't really aim to provide info on UK visas, many people moving back are trying to bring a Spouse or Partner with them, and hopefully this thread will help a little.

Re: UK Spouse Visa Information - evidence required etc
 

Visa for Husband, Wife or Civil Partner of British citizen or settled National
http://www.ukba.homeoffice.gov.uk/vi...led/spouse-cp/ tells you where and how to apply.

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

This section describes the documents that you should send us to support your application to enter or remain in the UK as the husband, wife or civil partner of a British citizen or a person settled here.

All supporting documents must be originals, not copies.

If you do not send us all the documents we need when you make your application, we may refuse your application because of insufficient evidence, and your fee will not be refunded.

You must send:

2 recent passport photographs and your passport - see the Photographs and passport page
evidence of your age and your partner's age
your marriage or civil partnership certificate
evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
evidence that you have met
evidence of your English language ability - see the English language page
evidence that you can can maintain yourselves and any dependants adequately without needing public funds - see the Maintenance (funds) page
evidence of your accommodation

Can you apply?
http://www.ukba.homeoffice.gov.uk/vi...can-you-apply/

If you apply but cannot meet all the requirements for this category, you will be refused and your application fee will not be refunded.

Your husband, wife or civil partner must be:

currently living and settled in the UK; or
returning to the UK with you to live here permanently (if you are currently outside the UK).

Re: UK Spouse Visa Information - evidence required etc
 

This is a really useful thread, thank you everyone for your responses. My husband has just decided that he doesn't want to stay in America for much longer, after a recent trip back to England (he is the american). So Im trying to find out the process for us going back there, as he has a potential job offer in England.

Does anyone know where I can find out the processing times for this visa? We have only been married a year and a half, so I see that he will be on the temporary one.

Any help truely appreciated! :D

Re: UK Spouse Visa Information - evidence required etc
 

Oh and once you get the visa, how soon after do you have to move? I know that when I moved to the US, I had to move here within 3 months of getting it.

Thanks!

Re: UK Spouse Visa Information - evidence required etc
 

You can see recent processing times here - once you've selected location of application, you're then looking for the last visa type in the list (settlement). Days to process on the resulting page are business days.
The visa is currently issued for 27 months, presuming it's granted. Currently the visa holder can apply for indefinite leave to remain up to 28 days before their 2 year anniversary of arriving in the UK on the initial visa. So this means you have around 3 months or so to get there.

However - this is likely to change in April 2012 (there's a consultation open on family visas which is just about to close). After that time the current "probation" period of 2 years is likely to increase to 5 years to match other visa types, but it is unclear whether or not this will apply to those already holding a 27-month visa.

Re: UK Spouse Visa Information - evidence required etc
 

Wow thank you for all this info, exactly what I was after, thanks!
:thumbup:

Re: UK Spouse Visa Information - evidence required etc
 

Wow thank you for all this info! Exactly what I was after, thanks :thumbup:

Re: UK Spouse Visa Information - evidence required etc
 

Wait, what's this about 5 years? Sorry I've been away for a while and am just now getting into doing research on my husband and I returning to the UK. We've been married 5 1/2 years now, and if we were to return today, I could qualify for ILR (which I've gathered is the equivalent to PR status here in the US) straight away...but apparently some rule will change and we will be treated as newlyweds after April 2012. And then I will have to wait FIVE YEARS to obtain ILR? :ohmy:

Re: UK Spouse Visa Information - evidence required etc
 

yes , if the items that were in the consultation make it into law, then the 5.5 years you have been married will mean nothing to the UKBA , you will have to be on the 5year probationary period before being able to apply for ILR
although it is early doors yet , we dont know what will make it into law nor when it will actually happen although the consultation closed a week ago and the estimated timeline in there was april 2012

Re: OVER 50's+ MOVING BACK TO THE UK - Part II
 

I think you will find there is a fee for transferring visa to new passport but not necessary just have both passports . Remember of course until citizenship granted you can not spend long periods out of the UK so keep any eye on that and currently you must not be out of the UK for more than 2 years at anyone time unless you have a very good reason and can show your main home is in the UK

Re: UK Spouse Visa Information - evidence required etc
 

I was unable to find in the forum is what sort of documents are we required to submit for my wife's Spouse Settlement Visa. More specifically, this is the information I would appreciate some sort of advice/ suggestions:

1. Evidence of Accommodation:
(a) We are planning to stay with my mother and I am planning to submit certified copy of Land register certificate of her apartment. This is certified by my mother's lawyer...is this accepted? I ask because its not my apartment and worried in case it gets lost in the mail.
(b) Original council tax statements from 2009 and 2010 that she will mail me.
(c) Anything else we can submit, in addition to the above, to prove this apartment is hers?

2. My being a British citizen as a sponsor:
For this I guess I am required to send my current original passport?
Is there something else that we can submit instead or in addition?

3. My evidence of being here legally in the US:
Since I have dual-nationality (UK-US), I have my US passport. Does this imply I have to send my original US passport or a notarized version will also be acceptable? Or what else I can submit to prove my legality of being he US with my wife's visa application?

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Hi, i was wondering once your wife was granted her settlement visa was there a time frame that she had to be settled in the UK? If so how much time was allotted? I am trying to work out the best time to apply but am concerned because we still have to sell our house prior to moving and this may take time. Thanks for you help.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

Basically when you submit your application, you will have to submit a travel itinerary of date you expect to travel to the UK (just print this from any travel website). They will then provide you with a 27 months visa beginning from the date you provided them.

So, for example, if you provide them 1st May 2012 as your travel date, they will provide you a visa from 1st May 2012 till 31st July 2014 (exactly 27 months visa). So you must immigrate to the UK in the first 3 months of the visa date, from the example, anywhere between 1st May 2012 to 31st July 2012. This is because you are required to be a resident in the UK for 2 years before you can apply for Indefinite Leave to Remain.

Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
 

if for some reason you do not go in that window it means you will just have to extend at the end when you come to want to apply for ILR

Re: Spouse's visa, healthcare and all that jazz. Please help if you can.
 

I can confirm that is definitely correct. My OH lived in the UK for nearly ten years, the later time being on an FLR visa, and has never once been subjected to a medical for immigration purposes.

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.

Re: UK Spouse Visa Information - evidence required etc
 

Yes, definitely apply before the changes come in otherwise your wife will likely not be able to obtain ILE straight away.

If your wife does get ILE when applying, then there is no "conversion" to ILR - she has that as soon as she enters the UK. ILE is Indefinite Leave to Enter, ILR is Indefinite Leave to Remain - ILE is obtained when applying outside the UK, ILR when applying in the UK. It is effectively the same thing - your wife would be a permanent resident.

Evidence of accommodation will help you a lot, including the letter (and other docs you mention) from your mother. For my wife's visa application I also included a print out from the Land Registry website for my parents house. The other thing they will look for is possibility of employment, and any savings you currently have to cover you until employment is found.