Affidavit, Nikahnama and other documents for dependant

[shussain37]

Hi friends,

I called VAC Islamabad to book an appointment for my wife's visa. They just told me the documents i will need to submit. I never found these on UKBA guidance-form or website.

1. Nikahnama: The lady booking the appointment told me that Nikahnama to be submitted must be endorsed by C.D.A as i told her that Nikah was in Islamabad. I told her that our nikahnama for Islamabad is registered in Arbitration Council and they are the authority to issue and endorse. The lady went to ask someone for Nikahnama attestation but came back saying u have to attest it from CDA. Anyone from islamabad can help?

2. She also mentioned that my wife will need to sign an affidavit on stamp-paper that she will not recieve public funds. what??????? Never ever heard that before??.

3. She also said you will need to submit the tenancy agreement but i said it is not required for Tier-1 dependant applications. But she kept insisting that no, you have to provide it.

I think the people booking appointments are not well informed of the requirements. Although i think she was reading the requirements from some written document.

Shall I submit those documents???? plz guide me.

Thanks,

[AlokGM]

Hi,

Following are the answers to your question.

1. One of my friend's from Pakistan submitted his original marriage certificate in English as well as in Urdu for his dependant's visa application at Islamabad. His marriage certificate was a registered one from an Arbitration Council in islamabad. That was the case last year. I don't know whether the requirement has changed now? You need to check UKBA Pakistan's website.

2. If you are not on ILR or a British national then it's not required. But she can provide a covering letter (one a simple printed page) stating that she will be joining you (her husband) and live with you in the UK until the expiry of your current visa (if you have limited leave to remain). If VAC Islamabad insists on mentioning about not receiving public funds then she needs to mention that in the same covering letter. No need for affidavit.

3. If you are living in a property alone then you must provide the tenancy agreement. If you are living in a shared property then you must provide a lodger's agreement. If living at a shared property, additionally you need to provide a covering letter from the landlord stating that he/she doesn't mind if your wife lives there and also the property will not be overcrowded after your wife's arrival there. If you don't provide either the tenancy agreement or the lodger's agreement then your application may be refused. The HO is very strict on this these days.

The answers above are generic answers. I don't know your visa status so can't comment for definite. Cheers

[shussain37]

Thanks AlokGM,

1. I am on Tier-1 General. I will be providing Nikahnama endorsed from Arbitration council. Did your friend got his visa approved who supplied Arbitration council stamped Nikahnama?

2. Yes. I will mention it in my Cover letter.

3. I will be moving to a new flat soon but I haven't got the agreement yet. I am on Tier-1 General and I think its not mendatory for PBS dependant application. Not mentioned in the guidance notes. It is mendatory for ILR dependents as mentioned in the guidance notes for ILR dependants. Are they still going to refuse our application?

Thanks in advance.

Hi,

Following are the answers to your question.

1. One of my friend's from Pakistan submitted his original marriage certificate in English as well as in Urdu for his dependant's visa application at Islamabad. His marriage certificate was a registered one from an Arbitration Council in islamabad. That was the case last year. I don't know whether the requirement has changed now? You need to check UKBA Pakistan's website.

2. If you are not on ILR or a British national then it's not required. But she can provide a covering letter (one a simple printed page) stating that she will be joining you (her husband) and live with you in the UK until the expiry of your current visa (if you have limited leave to remain). If VAC Islamabad insists on mentioning about not receiving public funds then she needs to mention that in the same covering letter. No need for affidavit.

3. If you are living in a property alone then you must provide the tenancy agreement. If you are living in a shared property then you must provide a lodger's agreement. If living at a shared property, additionally you need to provide a covering letter from the landlord stating that he/she doesn't mind if your wife lives there and also the property will not be overcrowded after your wife's arrival there. If you don't provide either the tenancy agreement or the lodger's agreement then your application may be refused. The HO is very strict on this these days.

The answers above are generic answers. I don't know your visa status so can't comment for definite. Cheers

[AlokGM]

Hi,

1. Yes, it was registered and endorsed by the Union Council with their stamp and sign on the nikanama. His visa was approved last year. I don't know whether the rules have changed since then. So its better to check the UKBA Pakistan website http://www.ukba.homeoffice.gov.uk/count ... %20English

2. That's fine.

3. I personally know my friends and friend's friends from India, Pakistan and Bangladesh whose visa was rejected by not providing the tenancy agreement or lodger's agreement. I agree that it's not a requirement but everything depends on the case worker. If he thinks that he isn't satisfied that you have a place for your wife to live with you then he has every right to reject the application. I also agree that there are cases where people didn't submit the tenancy agreement or lodger's agreement but got the dependant visa. But do NOT take any risks and submit the lodger's agreement in your case (if you are living in a room in shared house or flat). Get a lodger's agreement form (available from any WHSmith for £10) and get it completed and signed by your landlord. Additionally write a covering letter on the behalf of your landlord stating that (i) he doesn't mind if your wife stays with you and (ii) the house will not be overcrowded once she arrives there. Include your landlord's email and/or contact number in his covering letter if you can. If you are expecting to get the tenancy agreement soon then first get the tenancy agreement and then submit the visa application. But it doesn't make any difference whether you provide lodger's agreement or tenancy agreement. The main thing to satisfy is that there is adequate space in double room (in case of shared accommodation) and that the shared accommodation will not be overcrowded.

Additionally, there are also some cases where applicants didn't provide the proof of subsisting relationship (i.e., Section N2) and their visa got refused. Please note that proof of marriage and proof of subsisting relationship are two different things. For proof of marriage you can provide (i) marriage certificate (ii) 5-10 wedding photos of different functions (iii) wedding invitation card (iv) copy of your arrival stamp in Pakistan before the marriage etc.

For subsisting relationship you can provide (i) screenshot of the history of skype calls (ii) screenshots of the subjects or inbox of your emails to your wife (iii) itemized bill of your text messages or phone calls to your wife or any other additional proof which shows you two are in constant touch.

[AlokGM]

couple of thins to clarify.

The covering letter from your landlord must be signed by him. You can prepare and type the letter for him but he needs to sign it.

It's better (but not required) to provide two covering letters to the home office one from the main applicant (you) and one from the dependant (your wife). Third covering letter is from your landlord (if you are living in a shared accommodation).