Spouse visa application from New Zealand

[KatieWills]

Hi all,

My partner and I are hoping to make a spousal visa application summer 2016, but I have a few questions that I haven't been able to clear up yet, hoping for some help

Quick background: we met online 2 years ago, he came to the Uk last February (6 month visitor visa) and overstayed, was detained and bought his own ticket to return to NZ. We were advised by Immigration officers that the one year re-entry ban would not apply if he applies for a spousal visa as it is classed as a different category.

The plan is for me to travel to NZ so we can get married and then take a few months to prepare and submit the application. Currently my wages are too low and I am in the process of getting a second/new job. We don't have enough savings and he has no ancestry claims.

What we need clarification on is:

1. Child maintenance from my ex-partner can be counted towards my "income"?
2. If my partner makes payments to me from NZ to the UK e.g housekeeping, could that be used towards my income too?
3. Do I have prove my income for 12 months or can 6 months paperwork be submitted providing it shows that I would meet the threshold for that year?

Thanks in advance!

[Wanderer]

Hi all,

My partner and I are hoping to make a spousal visa application summer 2016, but I have a few questions that I haven't been able to clear up yet, hoping for some help

Quick background: we met online 2 years ago, he came to the Uk last February (6 month visitor visa) and overstayed, was detained and bought his own ticket to return to NZ. We were advised by Immigration officers that the one year re-entry ban would not apply if he applies for a spousal visa as it is classed as a different category.

The plan is for me to travel to NZ so we can get married and then take a few months to prepare and submit the application. Currently my wages are too low and I am in the process of getting a second/new job. We don't have enough savings and he has no ancestry claims.

What we need clarification on is:

1. Child maintenance from my ex-partner can be counted towards my "income"?
2. If my partner makes payments to me from NZ to the UK e.g housekeeping, could that be used towards my income too?
3. Do I have prove my income for 12 months or can 6 months paperwork be submitted providing it shows that I would meet the threshold for that year?

Thanks in advance!

1. Yes
2. No
3. I think 6 months if you can show £1550 or more per month on all payslips, 12 months if not.

[KatieWills]

Thank you Wanderer, you are a gem

[KatieWills]

Hello again,

After reading another member's post I have another query with regards to our future spousal visa application from NZ. As mentioned in my original post my partner came to the Uk and overstayed his 6 month visitor visa. The actual overstay was 119 days by the time HO agreed to let him buy his own ticket home. The overstay resulted in a one year re-entry ban, although he was advised by his immigration caseworker, while in detention, that this would not apply if he tried to re-enter the Uk on a spousal visa. He was told the category was different so it didn't apply.
However, after reading a post on here and checking on the HO the rules state:

https://www.gov.uk/guidance/immigration ... ly-members

"Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:....
(vii) the applicant does not fall for refusal under the general grounds for refusal."

Upon checking the general grounds for refusal (as we meet all the other requirements):

"Grounds on which entry clearance or leave to enter the United Kingdom is to be refused

(7B) where the applicant has previously breached the UK’s immigration laws (and was 18 or over at the time of his most recent breach)by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
unless the applicant:
(i) Overstayed for 90 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
(ii) used Deception in an application for entry clearance more than 10 years ago;
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;"

https://www.gov.uk/guidance/immigration ... or-refusal

Does the part in bold indicate that he will be subject to waiting 12 months before any application has a chance of being granted? We had planned to apply in August 2016, but his 12 month re-entry ban expires at the end of November 2016.

Thanks in advance for any clarification

[KatieWills]

Senior moment, I now see those rules apply to ILR applications and not spouse visa applications...

[KatieWills]

I am flying to NZ to get married next month and we will apply for my partners spouse visa in August 2016 as we now meet the financial requirement but I have another query that i hope someone can help with.

I was previously married to a Turkish national (married in Turkey in Feb 2012), he came to the UK on an EEA family permit on 9th July 2012 as I hold dual UK/Irish nationalities. The relationship broke down 12 months after the wedding and he moved to NI. As he had qualified as an accountant, he told me he was switching visas to a Turkish business visa. I didn't contact HO at the time as I believed his switching visas was sufficient notice for them, I think now that may have been naive. :/

The divorce has now come through and I wanted to know if I should inform HO of this fact in advance of the pending spouse visa application? I did inform the immigration officers who came to detain my partner due to his overstay, they asked about the previous marriage and I explained I was going through the process of divorce.

I haven't heard anything from HO, no request for further clarification etc but I don't want it to look like I didn't inform them of the previous relationship breakdown purposely, at the time I genuinely didn't believe I had to do anything as my ex was switching visas. :/

Due to my partner's overstay I believe they will look for any reason to refuse the spouse visa. Should I send HO a copy of the decree absolute just to be sure?

[Casa]

Your ex-husband's residence in the UK isn't relevant, but you will need to submit your divorce decree absolute certificate with your spouse visa application.
Have you budgeted for the visa fees? These have increased recently and your husband will also have to pay the £600 NHS Surcharge as New Zealand nationals are no longer exempt.

[KatieWills]

Your ex-husband's residence in the UK isn't relevant, but you will need to submit your divorce decree absolute certificate with your spouse visa application.
Have you budgeted for the visa fees? These have increased recently and your husband will also have to pay the £600 NHS Surcharge as New Zealand nationals are no longer exempt.

Thanks Casa. I have the original decree absolute with the evidence file I am preparing to take to NZ in May, (land registry doc, photos, chat logs etc) so we can start preparing what we have already. If you don't think I need to send a copy to HO then I won't, I'm just starting to panic about the application already I guess.

We actually qualify under Cat D now as I received a cash inheritance in February. It will have been in an accessible account for 6 months in August which is when we intend to apply. We are aware of the new visa fees and the fact that NZ nationals have to pay the IHS surcharge, but thanks so much for the heads up.

This forum is an amazing resource and while it may sometimes feel like a thank-less task, there are plenty of people who appreciate the work the mods and advisors do to help those who need it.

[KatieWills]

Hi all,

Quick question regarding proving a subsisting relationship. We've been together since June 2014, quick timeline:

June 2014 - Feb 2015 - Me in UK, him in NZ. We have thousands of messages and hours of calls from this period.
Feb 2015 - Nov 2015 - He stayed with me in UK. UKVI have a record of this due to the overstay, but we have hundreds of messages if we need to prove contact.
Nov 2015 to date - Me in UK and him in NZ, again thousands of messages and hours and hours of calls.

Along with the chat logs and calls we have photos and evidence of cards/gifts to each other.

We are getting married in NZ in a few days, although it's a simple registry office with a couple of witnesses. The longer term plan is to have a blessing in the UK and a big reception with our family and friends if/when we get the visa.

My question is, is there a suggested amount of evidence to send to prove a subsisting relationship? We talk on the phone on average 5 hours a day, plus messages in-between. Even if I only send evidence of our contact once a week it would be 104 pages which seems a little too much. Any guidance is very much appreciated.

[KatieWills]

Hi all,

I'm back with more questions lol.

Can I submit certified copies of my UK passport (I am the sponsor) if it is still in my maiden name?

I had sent a renewal off to change my to married name but UK passport office has to have my Irish passport changed first and the Irish passport office needs my divorce certificate which is in NZ...sooo it will take weeks to get a passport in my married name. (We are submitting his application in just over 4 weeks.)

I have requested the return of my UK passport as I had initially intended to change my name in it and send the passport with hubby's application.

Thanks in advance!

[KatieWills]

Ugh. 2 more questions..

1. Do I need to provide evidence of my employment in UK if we are using the cash savings route (sponsor)?

2. Does hubby as the applicant have to provide a letter from his employer in NZ? (It asks for this in the supporting docs guide but doesn't seem relevant to me..)

Thanks again.

[Casa]

Hi all,

I'm back with more questions lol.

Can I submit certified copies of my UK passport (I am the sponsor) if it is still in my maiden name? Yes

I had sent a renewal off to change my to married name but UK passport office has to have my Irish passport changed first and the Irish passport office needs my divorce certificate which is in NZ...sooo it will take weeks to get a passport in my married name. (We are submitting his application in just over 4 weeks.) Would be wiser to leave your name change until after the spouse visa application

I have requested the return of my UK passport as I had initially intended to change my name in it and send the passport with hubby's application.

Thanks in advance!

[Casa]

Ugh. 2 more questions..

1. Do I need to provide evidence of my employment in UK if we are using the cash savings route (sponsor)? Not if you have £62,500 in savings

2. Does hubby as the applicant have to provide a letter from his employer in NZ? (It asks for this in the supporting docs guide but doesn't seem relevant to me..) No

Thanks again.

[KatieWills]

Thank you Casa, you're a star!

[Casa]

Thank you Casa, you're a star!

You're welcome.

[KatieWills]

Here are the docs we will be submitting, pretty sure it's an exhaustive list but would appreciate a fresh pair of eyes for a quick once over please :


Application:

Hubby's Passport
Hubby's Passport Pic
Sponsor's passport
VAF4A printed form
IHS payment confirmation
Hand completed Appendix 2
Priority payment receipt
Hubby's cover letter
Sponsor invitation letter
Supporting letters from friends

Relationship

Marriage Cert
Sponsor's Decree Absolute
Screenshots of Whatsapp/Messenger calls/FB posts (3 messages per month per page from start of relationship to date)
Mobile phone logs from time in detention
Flight tickets
Accommodation Bookings
Wedding photos and various photos together (approx 40)
Receipts for wedding rings, cards we have sent, scans of packaging of gifts sent,

Financial

Declaration of funds
Letters from company confirming source (death in work benefit)
Bank statements printed/stamped/signed by branch dated 5 days ago showing £70,000 under control of sponsor in accessible account for 6 months

Accommodation

Pics of house
Mortgage offer
Council Tax statement
Land registry doc proving ownership

Thanks in advance!

[KatieWills]

Hi all,

Just looking ahead but...assuming hubby's visa is granted and our 2 x FLR (M) extensions are granted..am I right in thinking that hubby's visitor visa overstay for 119 days would not affect any ILR application? Also, my understanding is that he would probably have to wait 10 years before making any application for citizenship, is this correct?

Thanks in advance!

[KatieWills]

Entry Clearance is approved!!

[Casa]

Good news. Well done!

[KatieWills]

Thank you Casa, we paid priority and it was completed within 10 working days even with the overstay to consider.Hubby is due to fly home in 2 hours!

Only problem is they decided to keep my original Decree Absolute