UK Spouse Visa Information - evidence required etc
#121
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: UK Spouse Visa Information - evidence required etc
Yeah looks like they made a bit of a logical error when writing the rules and you fall into the gap (welcome to the grey area!). If you get granted before the 9th then you're fine. Otherwise old rules for this application and new for the next. But I'd suggest you can always give it a go under the old rules for the whole lot - based on my expernce and the posts here the ECOs often don't know, read or undeerstand the rules anyway.
Before 9 July 2012 you were granted entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person, or you have applied for this and are awaiting a decision.
Further, that page has the following for applications from 9th July:
On or after 9 July 2012 you apply for entry clearance, leave to enter or leave to remain as a spouse, civil partner, unmarried or same sex partner of a British or settled person.
If you apply online, the application date is the date you make payment - which is normally the day you make the application online if it accepts online payments for you (rather than the day you have biometrics done, or the printed off application is received by the processing office) (reference - in faqs at bottom of page).
Last edited by roaringmouse; Jun 15th 2012 at 2:32 am.
#122
Re: UK Spouse Visa Information - evidence required etc
I was reading through the current spouse settlement visa application form today (which apparently we can't use to apply with now as we can't go back in three months time ) and noticed the accomodation question.
When we do start jumping through the new hoops, towards the end of next year, I expect we will come up against the same question.
Our plan would be to stay with relatives for a couple of weeks whilst we try to arrange a rental at first. This means we couldn't put firm accomodation arrangements on the visa application.
With no fixed address for the application, will it be declined or should we put our relatives address and go through all the hoo ha with the number of bedrooms in the relatives house etc etc?
When we do start jumping through the new hoops, towards the end of next year, I expect we will come up against the same question.
Our plan would be to stay with relatives for a couple of weeks whilst we try to arrange a rental at first. This means we couldn't put firm accomodation arrangements on the visa application.
With no fixed address for the application, will it be declined or should we put our relatives address and go through all the hoo ha with the number of bedrooms in the relatives house etc etc?
#123
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: UK Spouse Visa Information - evidence required etc
I don't understand where people are getting this "grey area" of applications made before 9th July but not decided until after. The wording as quoted above, and can be found on page 68 (key transitional arrangements) of the document says:
I've bolded and underlined the relevant part!
I've bolded and underlined the relevant part!
I see that the official details of the re-wording are now online but they are rather convoluted and I've not yet found the area where they delete 281(i)(b). That gives me something to do over lunch
But I have found this on page 14:
A280 (c) The following provisions of Part 8 continue to apply to applications made on
or after 9 July 2012, and are not subject to any additional requirement listed in
(b) above:
(i) by persons who have made an application before 9 July 2012 under Part 8
which was not decided as at 9 July 2012; and
(ii) by persons who have been granted entry clearance or limited leave to enter
or remain under Part 8 before 9 July 2012:
281-289
or after 9 July 2012, and are not subject to any additional requirement listed in
(b) above:
(i) by persons who have made an application before 9 July 2012 under Part 8
which was not decided as at 9 July 2012; and
(ii) by persons who have been granted entry clearance or limited leave to enter
or remain under Part 8 before 9 July 2012:
281-289
Last edited by englishguygoinghome; Jun 15th 2012 at 10:43 am.
#124
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: UK Spouse Visa Information - evidence required etc
I was reading through the current spouse settlement visa application form today (which apparently we can't use to apply with now as we can't go back in three months time ) and noticed the accomodation question.
When we do start jumping through the new hoops, towards the end of next year, I expect we will come up against the same question.
Our plan would be to stay with relatives for a couple of weeks whilst we try to arrange a rental at first. This means we couldn't put firm accomodation arrangements on the visa application.
With no fixed address for the application, will it be declined or should we put our relatives address and go through all the hoo ha with the number of bedrooms in the relatives house etc etc?
When we do start jumping through the new hoops, towards the end of next year, I expect we will come up against the same question.
Our plan would be to stay with relatives for a couple of weeks whilst we try to arrange a rental at first. This means we couldn't put firm accomodation arrangements on the visa application.
With no fixed address for the application, will it be declined or should we put our relatives address and go through all the hoo ha with the number of bedrooms in the relatives house etc etc?
My reason being that the 18k required will exceed the capital and income for housing benefit I assume, for a couple. Under the current income for immigration rules, these could both be claimed on arrival by the British Citizen and would be a place to live for both the UK citizen and non-EU citizen.
Last edited by formula; Jun 15th 2012 at 12:28 pm.
#125
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: UK Spouse Visa Information - evidence required etc
Yes.
#126
Just Joined
Joined: Jun 2012
Posts: 1
Re: UK Spouse Visa Information - evidence required etc
Hi folks. My wife and I are preparing to bring her from the USA to settle in the UK and everything is going well with the application so far. We do have one concern though, with regard to maintenance funds.
I earn a decent salary, and without wanting to be vulgar, well over the requirement figures mentioned in this thread. However, due to my wife working out a contract in the USA for the past couple of years, I have been flying there every few weeks to see her and have been paying the trans-Atlantic airfares and other travel expenses out of my pocket. As a result, my finances for that period are fairly tight according to my bank statements, i.e. payments in = payments out, with little or nothing left over. I have no savings to speak of but my wife has about $8000USD.
Do you think this will pose a problem? I have been in my job for 8 years and it is a pretty secure position.
Many thanks
I earn a decent salary, and without wanting to be vulgar, well over the requirement figures mentioned in this thread. However, due to my wife working out a contract in the USA for the past couple of years, I have been flying there every few weeks to see her and have been paying the trans-Atlantic airfares and other travel expenses out of my pocket. As a result, my finances for that period are fairly tight according to my bank statements, i.e. payments in = payments out, with little or nothing left over. I have no savings to speak of but my wife has about $8000USD.
Do you think this will pose a problem? I have been in my job for 8 years and it is a pretty secure position.
Many thanks
#127
Re: UK Spouse Visa Information - evidence required etc
I don't understand where people are getting this "grey area" of applications made before 9th July but not decided until after. The wording as quoted above, and can be found on page 68 (key transitional arrangements) of the document says:
I've bolded and underlined the relevant part!
Further, that page has the following for applications from 9th July:
To me it is quite clear that applications made before 9th July will be decided under the current/transitional rules and applications made from 9th July onwards will be made under the new rules.
If you apply online, the application date is the date you make payment - which is normally the day you make the application online if it accepts online payments for you (rather than the day you have biometrics done, or the printed off application is received by the processing office) (reference - in faqs at bottom of page).
I've bolded and underlined the relevant part!
Further, that page has the following for applications from 9th July:
To me it is quite clear that applications made before 9th July will be decided under the current/transitional rules and applications made from 9th July onwards will be made under the new rules.
If you apply online, the application date is the date you make payment - which is normally the day you make the application online if it accepts online payments for you (rather than the day you have biometrics done, or the printed off application is received by the processing office) (reference - in faqs at bottom of page).
#128
Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
BUT - I can claim Pension Credit, to enable me to support her. It is not
however, payable abroad. - It is payable from the date she entered this country.
Last edited by dontheturner; Jun 16th 2012 at 8:41 am. Reason: E&OE
#129
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Can someone explain requirement to have 27 months of living expenses re: spouse v
- Working Tax Credit; the foreign national can't claim this in their own name if they have 'no recourse to public funds', but the Brit partner can claim the couple amount.
- Child Tax Credit; even if the child is only a step child and a non-EU and has 'no recourse to public funds', the Brit can claim Child Tax Credits and Child Benefit for that child.
Last edited by formula; Jun 16th 2012 at 4:52 pm.