ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse visa -- overwhelmed, doc and expediting help

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
CatV
Newly Registered
Posts: 23
Joined: Tue Sep 09, 2014 4:30 pm

Spouse visa -- overwhelmed, doc and expediting help

Post by CatV » Tue Sep 09, 2014 4:44 pm

Hi everyone! My wife and I plan to immigrate to the UK. She's a citizen of Northern Ireland and the US, and I'm a citizen of the US only.

I am reading through all the documentation and I am frankly feeling overwhelmed.

I have a few questions:

1. I have read that if you pay an extra fee or go to the main office in New York, you can expedite your application. For how much the application is going to cost, and since we have the financial means, we figure we might as well. It's a drop in the bucket, even if I fly out there, and her waiting for a new passport and dealing with their bureaucracy at a distance was a nightmare that I'd rather not relive. Does anyone know where I'd find info about how to do this? Do we need to go together if I apply in New York, or just me, as the applicant?

2. We haven't been married for 4 years, and only living together since the start of this year, but have been together longer than that in the same city. Is this an issue?

3. How does proving accommodation work when we are both currently living in the US? We want to leave together if at all possible.

4. Do I need an ASC and biometrics appointment before or after I send the application? Totally confused on how this part is supposed to work.

5. What docs did you guys send in? I want to be insanely thorough. This is what I have so far...
- The lease on our apartment.
- Our passports (do they have to be original or can they be scanned?).
- Our marriage certificate (do they have to be original or can they be scanned?).
- Photos spanning years (do they have to be original or can they be scanned?).
- Texts and emails spanning years.
- A couple RSVP tags people mailed back from our wedding invites.
- Bank certificates going back 6 months that I have adequate savings to cover the financial requirement completely (What type, and what does need to be provided with this? It's from savings, investment, and inheritance, but the investment wasn't in the stock market, so I'm not sure what to do with it).
- Another bank certificate of our joint account showing it's jointly owned.
- If she gets the job she's currently applying for, which we suspect she will as they sought her out, a letter from her would-be employer as well, as well as proof of her current job, both of which are over the 18,600 pound limit -- category A, I think?

Anything I'm missing here? How long did all the doc collecting take you? Any tricky little details of how stuff has to be presented?

Thank you guys so much for any help you can give me.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by Obie » Wed Sep 10, 2014 12:21 am

You may have met the criteria based on your jobs and asset in the UK. But you don't seem to have met the second requirement, which is a guarantee that she will be employed within 3 months of entering the UK.

If you miss this, unless you currently have a savings of 65,000 or other income from properties that will bring your 18600 a year, you will encounter difficulties.
Smooth seas do not make skilful sailors

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by Wanderer » Wed Sep 10, 2014 12:25 am

Obie wrote:You may have met the criteria based on your jobs and asset in the UK. But you don't seem to have met the second requirement, which is a guarantee that she will be employed within 3 months of entering the UK.

If you miss this, unless you currently have a savings of 65,000 or other income from properties that will bring your 18600 a year, you will encounter difficulties.
Obie, wasn't there a rule that UK/NI citizens can take both UK and Irish Citizenship and thereby avail of either and use EEA rules? I seem to think I saw a post that that was blocked lately, but maybe worth a look?
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by Obie » Wed Sep 10, 2014 12:46 am

That rules does not exist any longer as far as the EEA regulation is concerned.

I know the Good Friday agreement allow NI Resident to identify themselves as Irish/British or both, the EEA regulation does not cater for this.

It follow from the Case of McCarthy that an EU citizen who has British Passport will not be able to avail themselves of the EEA regulation unless Surinder Singh applies.
Smooth seas do not make skilful sailors

CatV
Newly Registered
Posts: 23
Joined: Tue Sep 09, 2014 4:30 pm

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by CatV » Wed Sep 10, 2014 9:46 am

Obie -- I believe we will have? We will know Friday if she has gotten the job offer for certain, which is for well over 18,600 pounds and can start immediately upon her return. But I do have the full amount in savings, sat in the account for over 6 months, if for whatever reason this doesn't work.

SoHopeful
Senior Member
Posts: 947
Joined: Wed Sep 16, 2009 11:01 pm

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by SoHopeful » Wed Sep 10, 2014 12:24 pm

CatV wrote:Hi everyone! My wife and I plan to immigrate to the UK. She's a citizen of Northern Ireland and the US, and I'm a citizen of the US only.

I am reading through all the documentation and I am frankly feeling overwhelmed.

I have a few questions:

1. I have read that if you pay an extra fee or go to the main office in New York, you can expedite your application. For how much the application is going to cost, and since we have the financial means, we figure we might as well. It's a drop in the bucket, even if I fly out there, and her waiting for a new passport and dealing with their bureaucracy at a distance was a nightmare that I'd rather not relive. Does anyone know where I'd find info about how to do this? Do we need to go together if I apply in New York, or just me, as the applicant?

https://www.gov.uk/government/publicati ... sa-service

US applications are processed in the UK now, so you will need to send your documents via courier. The link includes the info on the priority service.




2. We haven't been married for 4 years, and only living together since the start of this year, but have been together longer than that in the same city. Is this an issue?
All they care about is that you have a genuine relationship on that front.

3. How does proving accommodation work when we are both currently living in the US? We want to leave together if at all possible.

The easiest way for couples abroad is staying with a relative/friend who has enough space to accommodate you, or the British spouse coming first to sort out a property.

4. Do I need an ASC and biometrics appointment before or after I send the application? Totally confused on how this part is supposed to work.

The link above will answer that.

5. What docs did you guys send in? I want to be insanely thorough. This is what I have so far...
- The lease on our apartment.
- Our passports (do they have to be original or can they be scanned?).
You need to send your actual passport and a copy of your spouse's

- Our marriage certificate (do they have to be original or can they be scanned?).
Original

- Photos spanning years (do they have to be original or can they be scanned?).
I would say 16 photos including 3-4 from your wedding and with family/friends

- Texts and emails spanning years.
If you have been together sometime... maybe just a couple of examples every 6-12 months

- A couple RSVP tags people mailed back from our wedding invites.
- Bank certificates going back 6 months that I have adequate savings to cover the financial requirement completely (What type, and what does need to be provided with this? It's from savings, investment, and inheritance, but the investment wasn't in the stock market, so I'm not sure what to do with it).
https://www.gov.uk/government/uploads/s ... rement.pdf Take a look at the Cash Savings section.

- Another bank certificate of our joint account showing it's jointly owned.
- If she gets the job she's currently applying for, which we suspect she will as they sought her out, a letter from her would-be employer as well, as well as proof of her current job, both of which are over the 18,600 pound limit -- category A, I think?
She will also need:
- 6 monthly payslips
- 6 bank statements correlating with payslips
(Bank statements and payslips must be within 28 days of completing the online application form)
- letter from employer which must contain the following:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in
the application; and
(iv) the type of employment (permanent, fixed-term contract or agency)

Page 20 in the second link goes into the detail of your wife will need to provide as a sponsor outside of the UK


Anything I'm missing here? How long did all the doc collecting take you? Any tricky little details of how stuff has to be presented?

Thank you guys so much for any help you can give me.
Have a good read of the financial requirements document to ensure you tick all of the boxes.
Aside from collecting the payslips (new job), it took about 2 months for me to collate everything. The trick thing for me was getting the employment letter to contain what has been specified. I ended up typing it myself and getting my employer to just sign!

Good luck.

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by Casa » Wed Sep 10, 2014 12:40 pm

When you mention 4 years, perhaps you were referring to the concession that if you had been married for 4 years or more you would be granted ILR as soon as you had passed the Life in the UK test. If so, this was withdrawn in 2012 and you now only have the option of a 5 year path to permanent settlement. (2.5 + 2.5 years).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa -- overwhelmed, doc and expediting help

Post by Obie » Wed Sep 10, 2014 2:21 pm

CatV wrote:Obie -- I believe we will have? We will know Friday if she has gotten the job offer for certain, which is for well over 18,600 pounds and can start immediately upon her return. But I do have the full amount in savings, sat in the account for over 6 months, if for whatever reason this doesn't work.

Well you can rely on Category D, as well, so even if your wife does not have a Job guarantee, you will still be fine.
Smooth seas do not make skilful sailors

Locked