Spouse visa

[marvinvv]

Hi John,

My wife is applying for spouse visa, We have been married 10 years with 2 kids, she is English South African, I was born in the UK have worked there for several years. I have NI number, NHS medical card, GB driving license, My brother lives in the UK and my mother and father both live there.

Am I regarded as a returning resident I have been living in South Africa for more than two years?

Regards
Mike

[Wanderer]

Yes.

Do you have a job to return to in the UK? One if the tests for the spouse visa is a financial one.

Also be aware of the accommodation test too, need to have somewhere suitable to live pre-arranged with proof.

[marvinvv]

I dont have a job yet but will actively seeking a job in IT as soon as we arrive and will be staying for a couple of months with my wifes sister and husband.

[alexk]

Tried respoding to via PM, but I see you've been answered here

This is mail I got re finances from VFS

Good day

You need to provide bank statements and these can be from South African accounts. You need to show that you have funds to support yourselves for at least 2 months or so in the UK. Employment offers would assist your application.

We only require your wifes original passport and a certified copy of your British passport.

Your parents will need to write a supporting letter to confirm the accommodation. They may also send you copies of their passorts and title deeds to confirm that the property is theirs.
Refer to attachments and the websites.
www.britain.org.za
www.vfs-uk-za.com

Regards

VFS Helpdesk
+27 82 234 4450

[jazbaati99]

Since you are married for more than four years there might be scope for an ILE visa. Your wife will have to pass the life in the uk test though. So don't really know how ILE works now, may be some senior member can comment?

[paulp]

Since you are married for more than four years there might be scope for an ILE visa. Your wife will have to pass the life in the uk test though. So don't really know how ILE works now, may be some senior member can comment?

Good thinking. As long as the OP was together with his wife 4 years before applying for the settlement visa, she should get ILE.

[VictoriaS]

Are you a UK national?

Victoria

[marvinvv]

No V, British Citizen I am not sure what a National is new to this.

[paulp]

No V, British Citizen I am not sure what a National is new to this.

It was sort of implied in your first post that you were a British Citizen/National. So yes, do make sure that your wife gets ILE. That would save you applying for ILR later on.

[VictoriaS]

Just checking, as Wanderer then said you would be considered a 'returning resident', which of course you are not if you are British.

Can I also confirm that your wife only holds SA citizenship, as 'English South African' is slightly ambiguous.

Victoria

[marvinvv]

Victoria my ambiguity is matched only by SA Home Affairs dept and a distinct lack of advice concerning Visa in SA. You can't simply phone these people.

We are getting there. I sincerely hope I have some to the point accurate information for people on this forum re: spouse visas. This forum and moderators are a great help. M

[jazbaati99]

As far as I understand the OP is a British citizen by birth (now settled in SA) and his wife is a white South African citizen (although that makes no difference in terms of immigration to UK). He is married for 10 years with two kids and now wants to move back to UK.

If that is the case OP should apply for an ILE for his wife (as I assume all kids will already be British citizens by decent) which will save him a lot of hastle of going through the process of spouse visa and the proposed temporary citizenship etc

If this is not the case then please clarify what is yours and your wife's citizenship.

[paulp]

We are getting there. I sincerely hope I have some to the point accurate information for people on this forum re: spouse visas. This forum and moderators are a great help. M

It's the same form VAF4, but you don't want a spouse visa, you want ILE (similar to PR/ILR) . Tick the "As the spouse of someone settled, or going to settle, in the UK" category.

[VictoriaS]

Yep, that looks good.

Obviously she won't actually be granted ILE because she hasn't passed the test, but she can do this as soon as she arrives and will not have to wait the two years.

Victoria

[paulp]

Right, I forgot about the Life in the UK test. The OP will thus have to pay for a spouse visa and ILR in short succession. Prepare your pockets.

[jazbaati99]

How about coming to UK on a visit visa and clearing life in the uk test? long shot but may save in the long run.

[paulp]

I was thinking that too but long-haul flights are usually expensive (extra round trip) + accomodation. I'm not sure it's less expensive than ILR on SET(M).

[alexk]

As far as I understand the OP is a British citizen by birth (now settled in SA) and his wife is a white South African citizen (although that makes no difference in terms of immigration to UK).

Actually to make the distinction 'English South African' is quite common in South Africa, it's not a colour distinction, but a language one. It simply means your home language is English and not Afrikaans, Zulu, Xhosa etc..

IIRC this does make some difference in the requirements for the visa (doesn't the spouse have to have a command of English?)

As I am also going the same route (spouse visa) via the same testing center with exactly the same conditions (though I have only been married 18 months, and no dependents), the biggest frustration I am finding is getting clarification of the maintainance issues as they are all written from the perspective of the sponsor living in the UK ) i.e salary slips, etc..

Obviously a salary slip in SA is not going to help support you in the UK! My wife and I will be realizing R150k from the sale of our house which translates roughly to 11k Sterling, this would be more than enough to support us while looking for work, but my biggest concern is that it would be a large deposit shortly before applying for the visa.

Do the people who vet visas take things such as sale of assets etc into account in situations where both parties (sponsor and applicant) are outside the UK, so the large deposit shortly before applying would be considered normal as opposed to 'padding' of an account, such as might happen if the sponsor was in the UK?

[jazbaati99]

I am in favour of ILE despite the extra costs as that would mean the end of journey to citizenship as ILE translates to ILR, the wife would be safe from all the proposed changes of temporary citizenship and volunteering etc.

Alexk as far as I know a large deposit in your bank account will raise some concerns with the ECO but if that can be justified by other documents it should be fine in my opinion.

[paulp]

Victoria mentionned that she won't have to wait two years for ILR and can get it as soon as marvinvv's wife passes the test. It appears to take the same length of time for both.

[jazbaati99]

I am a bit confused. So the wife can enter UK on spouse visa, take the life in the UK test and then apply for ILR straight away. Is it possible?

[VictoriaS]

Only if you have been married or in a civil partnership and living together for 4 years outside of the UK prior to making the application.


Victoria

[marvinvv]

Finally have the kids unabridged birth certs from Home Affairs SA, so have not been on forum for several weeks.

Can my wife can enter UK on spouse visa, take the life in the UK test and then apply for ILR straight away?

As before we have been married or in a civil partnership and living together for 4 years outside of the UK prior to making the application.


I was planning on using the VAF4 and applying for spouse visa only,

Regrds
M

[purplepple]

alexk,

just explain and provide proof why there is a large deposit just before you applied for the visa.