Spouse Visa - Funding and Duration

[hn]

Hello everyone

I have been post my topic on a different part of the forum, since originally I was planning to go through the EEA route,
http://www.immigrationboards.com/viewto ... 871#428871

however with the currently economic situation right now, we just don’t think it is a good idea to give up jobs and try to find new ones. So instead we are planning to follow the Spouse Visa path.

Background information:
I am a British Citizen (currently working and living in the UK), my fiancés is a Vietnamese Citizen with a Polish Permanent Residency Card (currently living and looking for employment in Poland).

We have been in communication with each for 1 year (from January 2010) and have met each other since July. She got a 6 months Visit visa to the UK (expired in May) we got engage in Jan 2011 in the UK. My parents have travel to Poland to meet her parents, and we have all of this documented with photos, booking and boarding passes.

Current and Future Plan
We currently planning and wanting to get Register/Marry in July in Poland (making it a full year since we have meet each other), and then applying for a Spouse Visa for her to join me in the UK. My two biggest concerns are the time duration of our relationship and our finance.

I have 2 jobs (I have payslips for both, but only have a contract with 1) and my total annual income is around £10,000 after tax. I have about £10,000 in saving, but do not own a property (I am currently renting).

We have never gone through this before and would like some advice from anyone that have gone through this or have knowledge of the procedure.

1) With my currently income and saving, would it be enough for the Spouse application, (does anyone have an idea of what is the minimum amount requirement is )?

2) Upon when we get marry (July 2011).

We would have been in communication (writing, phoning and Skype) with each other for 17 months.

We would have met each other for 1 year and would have travel to see each other around 6 or 7 times in total, each other around 7 to 10 days.

Is the duration of our relationship adequate, (we have photos, receipts and boarding passes for all of our trip)?

If there is anything else that we have over look please mentioned, we are grateful for any help or advice anyone have offer. We are very much in love and want to be together soon so we can that our life and family together.

[harv]

Hi

1) Your relationship seems to meet allt he requirements such as you have met your partner before, you have communication proof and you will be legally marrying your partner in Poland.

2) You have not mentioned anything about acommodation. You need to prove that you have enough room to acommodate your partner and any dependents. So you will need to show your rental agreement, who lives in the property and that the property is not overcrowded. Also you need to get a confirmation letter from the agent/landlord who you renting your place from. That they do not have any objections for your partner joinging you at the property. Also make sure that you get a certifiedsurvey of the house to confirm that the property is not overcrowded and if your partner comes to live with you, the house will still not be declared as overcrowded.

3) I think you need to show in your application that you can save around £104 each week after paying all the expenses. So if your funds are adding up to atleast this number you should be okay, of course the more the better. The figure £104 maybe slightly incorrect, as I do not remember the exact number but it is very near this sum.

4) Your bank statment (last 6 months) and payslips (at least last 3 months) + P60 should be submitted with the application in order to show all the incoming and outgoing from your accounts clearly.

Since you mentioned you will be getting married in July, you seem to have good amount of time to start keeping all this evidence and sort out anything that may require some changes.

Hope the info helped, other board members will be able to give you better directions on your specific questions.

[hn]

Thank you so much for your reply, I do partly feel a little bit more positive about our situation.

If any other members have any more advice or details, I would be very greteful of them.

I have a few more questions hope someone can help with.

1) My fiancés is a Vietnamese Citizen with a Polish Permanent Residency Card, currently she is living in Poland, so can she apply for the UK Spouse Visa in Poland or does she need to go back to Vietnam to apply for it?

2) Also the is application form that we use is "SETTLEMENT (VAF4A NOV 2010)" is this the correct form, and is she meant to be the person to fill it out?
http://www.ukvisas.gov.uk/resources/en/ ... 3073/vaf4a

Many thanks in advance

[hn]

Hello everybody,

I am currently renting a place, which the rent is tranfered out of my bank account every month. However my Landlord isn't register as a Landlord. I understood that when I apply for the Spouse Visa, I need include confirmation of my current resident.

Can anyone tell me what form of confirmation would I need and if my Landlord isn't register as Landlord then will it be valid?

Many thanks for any help and adive people can give.

[batleykhan]

Hello everybody,

I am currently renting a place, which the rent is tranfered out of my bank account every month. However my Landlord isn't register as a Landlord. I understood that when I apply for the Spouse Visa, I need include confirmation of my current resident.

Can anyone tell me what form of confirmation would I need and if my Landlord isn't register as Landlord then will it be valid?

Many thanks for any help and adive people can give.

Your landlord does not need to be registered, but he must provide you with an Assured Shorthold Tennancy Agreement for the property that you are renting of him. This ASTA should be sufficient proof of accommodation for spouse visa.

[hn]

Oh gosh, just when you think things are settling, a rock has to drop in.

Well we were just about to settle to the plan of getting married in Poland and apply for a Spouse Visa, but something seems to have come up that might put us in some more confusion.

Based on the Polish law (please correct me if I'm wrong), for a person to register for marriage, all they need are Birth Certificate, Passport and Certificate of No Impediment to Marriage.

I am a British citizen, and I got my Passport and my Certificate of No Impediment to Marriage, however since I was not a born in the UK, I do not have a British Birth Certificate (only a Vietnamese one). Based on the Polish Marriage office, this is not enough, they said that since I'm a British Citizen then I need to have a British Passport.

I was wondering if this is true (because it is not possible for me to obtain a British Birth Certificate), and if anyone had this problem and know how to resolve it?

Also on my Birth Certificate, I have a middle name, but my Passport and Certificate of No Impediment, I only have my First and Family name, would this be a problem.

I understand that this may not be the right place to ask these question, but since people here have known my current situation and have been so helpful, I thought and hope that someone might have been through this or have some known of it.

Many thanks in advance for any help and advice you can give.

[satka]

Oh gosh, just when you think things are settling, a rock has to drop in.

Well we were just about to settle to the plan of getting married in Poland and apply for a Spouse Visa, but something seems to have come up that might put us in some more confusion.

Based on the Polish law (please correct me if I'm wrong), for a person to register for marriage, all they need are Birth Certificate, Passport and Certificate of No Impediment to Marriage.

I am a British citizen, and I got my Passport and my Certificate of No Impediment to Marriage, however since I was not a born in the UK, I do not have a British Birth Certificate (only a Vietnamese one). Based on the Polish Marriage office, this is not enough, they said that since I'm a British Citizen then I need to have a British Passport.

I was wondering if this is true (because it is not possible for me to obtain a British Birth Certificate), and if anyone had this problem and know how to resolve it?

Also on my Birth Certificate, I have a middle name, but my Passport and Certificate of No Impediment, I only have my First and Family name, would this be a problem.

I understand that this may not be the right place to ask these question, but since people here have known my current situation and have been so helpful, I thought and hope that someone might have been through this or have some known of it.

Many thanks in advance for any help and advice you can give.

I have applied Spouse/marriage visa for my wife, for accomodation i have submitted only council tax bills and not the agreement it is because in agreement me and one of my colleague name is there who has already vacated the place. I am in dilemma whether rental agreement is solid proof or utility bills will do...please advise..satsh

[ElenaW]

You need the tenancy agreement. Also a letter from your colleague stating that he/she's fine with your other half coming to live with you.

[hn]

Firstly I would like to thanks everybody for your contribution, help and advice. After 3 months of agony waiting (god know how long to prepare the application), we finally have our Spouse Visa approval, which give my wife two years to stay in the UK.

We are just getting ready for the next step, which I don't really have much knowledge of and was hoping anyone could me some information on the next step.

1) Please correct me if I'm wrong, but after the two years, we have to apply to the Indefinite Leave to Remain, is this correct?

2) We given 2 years and 3 months, (which she will come over in the within the first month), so when do we start our application?

3) Apart from not relying on benefits, are there any other requirements we have to meet?

4) Does my wife have to be employed (pay) during the 2 years, and if so how much she need to earn annually?

5) As long as we not applying for any benefit, do I have to earn over a certain amount annually?

Many thanks in advance for any help and advice you can give.

(please if you could move this to the right area of the forum)

[Greenie]

Firstly I would like to thanks everybody for your contribution, help and advice. After 3 months of agony waiting (god know how long to prepare the application), we finally have our Spouse Visa approval, which give my wife two years to stay in the UK.

We are just getting ready for the next step, which I don't really have much knowledge of and was hoping anyone could me some information on the next step.

1) Please correct me if I'm wrong, but after the two years, we have to apply to the Indefinite Leave to Remain, is this correct?

2) We given 2 years and 3 months, (which she will come over in the within the first month), so when do we start our application?

3) Apart from not relying on benefits, are there any other requirements we have to meet?

4) Does my wife have to be employed (pay) during the 2 years, and if so how much she need to earn annually?

5) As long as we not applying for any benefit, do I have to earn over a certain amount annually?

Many thanks in advance for any help and advice you can give.

(please if you could move this to the right area of the forum)

1) Yes
2) Currently, 28 days before the 2nd anniversary of her arrival in the UK is the earliest she can apply.
3) See para 287
4) No
5) No minimum salary currently, essentially the requirements for maintenance as they stand now are the same as they are for the initial spouse visa, in that you need to have at least the amount of a family of your size would recieve if they were in receipt of income support (£105.95 per week after mortgage/rent and council tax are deducted from your pay) although they are currently less strict on maintenance requirements for ILR applications.

All of the above may be subject to change pending the announcement of changes to the family settlement route later this year.