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UK Spouse Visa Information - evidence required etc

UK Spouse Visa Information - evidence required etc

Old Jun 15th 2012, 3:30 am
  #121  
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by englishguygoinghome View Post
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.
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:
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.
I've bolded and underlined the relevant part!

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.
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).

Last edited by roaringmouse; Jun 15th 2012 at 3:32 am.
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Old Jun 15th 2012, 9:43 am
  #122  
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Default 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?
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Old Jun 15th 2012, 11:37 am
  #123  
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by roaringmouse View Post
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!
Aha - I see that now in the appendix, and also in the summary at the start of the document - I was looking at page 34 (paragraph 132 which seems to be the main text) and it doesn't include "or have applied before 9th July" or similar.

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
So anyone who has applied before 9th can still get ILE (KOL Req) and go for ILR later or get their ILR as per the old rules if they arae not going directly for ILE (KOL Req) [I assume subject to the new language requirement in addition to KOL after October 2013 as per the Statement of Intent]

Last edited by englishguygoinghome; Jun 15th 2012 at 11:43 am.
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Old Jun 15th 2012, 12:58 pm
  #124  
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by brissybee View Post
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?
I doubt the accommodation question will come up on the new form, as it seems they require higher income targets instead.

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 1:28 pm.
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Old Jun 15th 2012, 1:08 pm
  #125  
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by englishguygoinghome View Post
So anyone who has applied before 9th can still get ILE (KOL Req) and go for ILR later or get their ILR as per the old rules if they arae not going directly for ILE (KOL Req)
If they meet the requirements for KOL reg, yes. If you get an application in before 9th July and are refused and appeal, the appeal will be under the current rules.

Originally Posted by englishguygoinghome View Post
[I assume subject to the new language requirement in addition to KOL after October 2013 as per the Statement of Intent]
Yes.
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Old Jun 16th 2012, 12:53 am
  #126  
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Default 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
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Old Jun 16th 2012, 3:43 am
  #127  
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Default Re: UK Spouse Visa Information - evidence required etc

Originally Posted by roaringmouse View Post
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).
Thanks for the clarification! I didn't see that wording.
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Old Jun 16th 2012, 9:40 am
  #128  
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Default Re: Can someone explain requirement to have 27 months of living expenses re: spouse v

Originally Posted by DDL View Post
Correct but the spouse cannot be taken into account with regard to receipt of any benefits.
Not quite totally correct. I am on Pensions. My wife is from Thailand. She can claim no benefits, as you say.
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 9:41 am. Reason: E&OE
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Old Jun 16th 2012, 5:46 pm
  #129  
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Default Re: Can someone explain requirement to have 27 months of living expenses re: spouse v

Originally Posted by dontheturner View Post
Not quite totally correct. I am on Pensions. My wife is from Thailand. She can claim no benefits, as you say.
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.
It's the same with other welfare payments too:-
  • 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 5:52 pm.
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