Wife visa possible ? ? ?

[FLR]

Hi all,

Is it possible that I ((HSMP holder) apply for my wife visa if my visa has left less than six months? I have got a good job in my relevant field and also have rented a studio apartment where me and my wife can live together.

I have been told by a friend that I should apply for my wife visa after I get extension because it is a rule that "Principal applicant should have more than six months in the visa to apply for wife visa" Is it true ???

Please help me as I want to apply for her visa ASAP.

Thanks,
Hafeez

[Mobig]

Hafeez....please dont waste your time. Apply her visa as early as possible providing the copy of your HSMP approval, Visa stamped passport pages, Your job offer, accomodation proof and funds available, ofcourse with filled VAF1 form.

[FLR]

Thanks Mobig.

But is there any such rule that she wont get here visa? I will send all the documents but my visa has just 4 months to expire. So I want to know the rule.

--Hafeez

[FLR]

Kayalami and other moderators please reply to my question ...

"But is there any such rule that she wont get here visa? I will send all the documents but my visa has just 4 months to expire. So I want to know the rule.
"

Thanks,
Hafeez

[John]

Hi, if you look at the relevant part of the Immigration Rules you will fail to spot any reference to a six-month period.

Paragraph 194 merely reads :-

194. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and

(ii) each of the parties intends to live with the other as his or her spouse during the applicant's stay and the marriage is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and

(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

As an HSMP visa holder you were admitted under paragragh 135B of the Immigration Rules, so paragraph 194 does apply to your wife. As already said in this thread, go for it!

[FLR]

Thanks John, I really appreciate your reply.

I am going to apply for my wife visa ASAP providing the following documents:

1. the copy of my HSMP approval,
2. Visa stamped passport pages,
3. my job offer,
4. accomodation proof (copy of tenancy agreement)
5. bank statment showing funds available(UK bank statment or home country bank statment ???),
6. filled VAF1 form,
7. original wife passport,
8. Original Marriage certificate

Please do let me know if I have missed some document(s).

Thanks,
Hafeez

[John]

Hi, as regards accommodation, also deal with the issue of whether the accommodation is "suitable", that is, not overcrowded, and will not be overcrowded after your wife joins you in the UK.

That is, ignoring any Spam, bathroom or toilet, how many rooms are there in the place that measure at least 50 sq feet? Also how many people will be living there after your wife joins you. This data will no doubt prove that the place is not overcrowded.

You mention a studio flat. If only you and your wife will be living there, you only need to have one room, as defined, in order for the place not to be overcrowded.

Your no. 2 ..... your passport .... also supply a copy of the name and pic page of the passport. Indeed, as regards your passport, if your actual passport is not going to be available when your wife goes to get her visa, for example because you are in the UK at the time, supply a certified copy of the pages from the passport. Any Solicitor will be able to make you a certified copy. Just take your passport into them and they will do the necessary.

Your no. 5 bank statements ..... you need to show that your wife will not need to claim certain Public Funds. If necessary supply the bank statements from both countries.

[baskey]

Hi, as regards accommodation, also deal with the issue of whether the accommodation is "suitable", that is, not overcrowded, and will not be overcrowded after your wife joins you in the UK.

That is, ignoring any Spam, bathroom or toilet, how many rooms are there in the place that measure at least 50 sq feet? Also how many people will be living there after your wife joins you. This data will no doubt prove that the place is not overcrowded.

Hi John,

I am bit confused after seeing this post. My wife is going to apply for dependant visa late next week in Germany and i have send her my Flat share agreement. It says that we have rented one double bed room and one single bedroom excluding hall,Spam, toliet & bathrooms. for the monthly rent of GBP 475.

Also mentions that it is a 3 bedroom semi detached house. But not mentioned about how many people are allowed to live there and including my wife how many people will be living like that. But no such statements in the standard house share agreement forms which i got it from WHSmith book store.

Could you please advice me, what should i do now. I can even fax now if any thing more to mention on the flat share agreement form.

Your early answer will be highly helpful for me.

Thanks,

regards,

Baskey

[John]

Baskey, part of paragraph 194 of the Immigration Rules reads :-

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively

"Adequate accommodation" includes not overcrowded. Have a read of :-

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom: rooms such as Spam or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:-

NUMBER OF ROOMS =1 MAXIMUM NUMBER OF PEOPLE ALLOWED = 2

NUMBER OF ROOMS =2 MAXIMUM NUMBER OF PEOPLE ALLOWED = 3

NUMBER OF ROOMS =3 MAXIMUM NUMBER OF PEOPLE ALLOWED = 5

NUMBER OF ROOMS =4 MAXIMUM NUMBER OF PEOPLE ALLOWED = 7.5

NUMBER OF ROOMS =5 MAXIMUM NUMBER OF PEOPLE ALLOWED = 10

Each additional room in excess of 5 = An additional 2 people

For the purposes of the Act, a child under one does not count as a person and a child aged 1-10 counts as only half a person.

So if there will be only the two of you having the exclusive use of "one double bed room and one single bedroom", well one "counting room" is sufficient to cover that.

But the whole house is shared with others? I think it would be necessary to know how many people living in the house (or will be after your wife moves in) and how many counting rooms are there?

I think it would be wrong to suggest that your wife's application will fail if you don't provide a summary dealing with the issue of overcrowding, or rather lack of it, but I would hate your wife to be turned away by the ECO in order to get further evidence. It is totally clear from the immigration rules that an ECO needs to be happy with the matter of accommodation. How strict they want to be will no doubt vary from person to person.

[baskey]

Thanks John for prompt answers. I am now thinking to include detailed House description document from the owner and also to mention in the tenancy agreement, the total no of person will be living in the house including my wife. That way i feel bit more informative.

Thanks John to make me alert in this issue.

Regards,

Baskey

[antony]

Hi John,

Thanks for few info you have mentioned in the post.

I have couple of queries.
1) My wife and 7 month old kid are in India now and will join me at later point of time.
2) Do i need to file for their EC in India OR can i do it in UK itself? I think it should be from India. Please confirm.
3) What are the documents i need to send frm the uk to India for filing her EC? and How to send the documents. By courier or scan the page and send it across?
4) I have the following docs in the uk with me.
-- my passport
-- my HSMP approval letter
-- our marriage certificate
-- all my degree certificates
5) My wife in India has the following documents.
-- my wife passport
-- my kid passport
-- my wife educational documents and degree certificates
6) Does my wife and kid have to take chest x-ray for each one?


your responses are much anticipated.

Thanks
Antony

Hi, as regards accommodation, also deal with the issue of whether the accommodation is "suitable", that is, not overcrowded, and will not be overcrowded after your wife joins you in the UK.

That is, ignoring any Spam, bathroom or toilet, how many rooms are there in the place that measure at least 50 sq feet? Also how many people will be living there after your wife joins you. This data will no doubt prove that the place is not overcrowded.

You mention a studio flat. If only you and your wife will be living there, you only need to have one room, as defined, in order for the place not to be overcrowded.

Your no. 2 ..... your passport .... also supply a copy of the name and pic page of the passport. Indeed, as regards your passport, if your actual passport is not going to be available when your wife goes to get her visa, for example because you are in the UK at the time, supply a certified copy of the pages from the passport. Any Solicitor will be able to make you a certified copy. Just take your passport into them and they will do the necessary.

Your no. 5 bank statements ..... you need to show that your wife will not need to claim certain Public Funds. If necessary supply the bank statements from both countries.

[antony]

Gurus,

Please provide your inputs.