Spouse/Family Visa Application within UK using Vistor Visa

[DuncLua]

Good afternoon,

I'm hoping I can get some advice with the best route to take for applying for a UK Spouse / Family visa for my wife.

Our situation is as follows:

- I am a British Citizen and have been working and living in Angola for the last 3 years (6 in total if you include 3 previous years on monthly rotation).

- I met my wife (who is Angolan) through my work and we were married in October 2011 in Angola.

- Since October 2011 we have been living together at a house rented by my work and our first child was born in Angola on September 16th 2012. Our son now also holds a British passport as well as an Angolan passport.

- During the last 2 years, my wife and son have visited the UK with me to meet and stay with my parents on 3 occasions. They both currently hold 2 year multiple entry visas in their Angolan passports which expire in July 2015.

- We have now decided to move to the UK and this will happen in January 2015. I have bought a house that is under construction with a completion date of June 2015. (I also currently own an apartment that is being rented out).

- I do not yet have confirmation of a switch of job within my company to the UK based office but have had an offer from a rival company that would allow me to start working within the first few weeks of arriving in the UK with the salary above the required UK immigration amount for providing support for both my wife and my son.


My original plan was to enter the UK in January 2015 with my wife and son using her existing 2 year multiple entry visitors visa and his British Passport. Once we were there I hoped to then submit the application for a Spouse Visa/Family Visa for her and we would stay at my parents house until the decision was made.

My questions regarding this are:

1) Is it possible to submit the Spouse Visa/Family Visa application from within the UK while she is there using her 2 year Multiple Entry Visitors visa without her hvaing to leave the UK? I had previously been informed by a member of the British Embassy in Luanda, Angola that this could be done, but after reading up a bit more I am now concerned that I have been misinformed.

2) If I now have to submit the required documentation for a Spouse/Family Visa from within Angola, what is the average waiting time for the decision and return of documents ie her passport? We recently found out that my wife is pregnant and expecting our second child and we would have to travel to the UK in January before any flight travel restrictions due to the pregnancy. The birth cannot take place in Angola as we would then have to apply for a visa for our child and we do not have the time to do so due to my current job position finishing in January.

3) As I am currently working and living in Angola, would I require a job offer up front from my company/the rival company as proof that I would have a job in the UK in January 2015 to be included in the application?

Any further advice or recommendations are more than welcome as the possible misinformation I received and the timings have now made me rather concerned that we would have to spend some time apart. HaVing previously had my own visa problems when our son was born, it would be very difficult for us to deal with.

Thank you.

Regards,
Duncan

[Wanderer]

You definitely can't apply for Spouse visa from within UK.

[Casa]

1. Your wife will be unable to switch from visitor to a spouse visa from within the UK.
2. Apart from having a confirmed job offer in the UK with annual earning of £18,600 minimum to start within 3 months, you will also have to show that you have been earning the equivalent of this salary or above in Angola for at least the past 6 months.
3. Applications in Angola submitted through the Pretoria hub currently have estimate processing times of 6 weeks.

[DuncLua]

Hi Wanderer,

Thank you for that rather important bit of confirmation.

Hi Casa,

Thank you as well for confirming and for the additional information, especially with regards to the processing time via Pretoria. Very much appreciated.
Thankfully my current salary meets the criteria, it will now be a case of requesting the rival company to forward me an official offer.
I have one other question please regarding the minimum English language requirements. My wife can speak very good English but I realise she will still need to prove this. Does the evidence of this require to be included in the visa submission? Being based in Luanda I will need to source how best to get this evidence as it would be very difficult for her to travel to complete any exams.

Thanks and regards,
Duncan

[Casa]

She will need to pass an A1 level English exam before you submit the application. It will be refused without it. This link to a test provider in Luanda may help; http://www.lisluanda.com/about-us/school-governance/

As you plan to live with family when you arrive in the UK, also ensure when you submit the application that you provide the following;
If your parents own the property outright - a copy of the deeds
If the property is mortgaged - a copy of the mortgage agreement
If the rented, a letter from the landlord agreeing to you living there.

You'll also have to show that the accommodation will be adequate, i.e not overcrowded with you living there.

[DuncLua]

Hi Casa,

Again, thank you so much, especially for the link to the International School. I had visions of having to travel to South Africa but I believe the International School is very close to our house in Luanda.
Thank you again for all the great information.

Best regards,
Duncan

[Casa]

You're welcome. Don't hesitate to come back if you have more questions.

[DuncLua]

I should have realised that would never have been my last question!

From looking on the Gov.uk website I notice that there is also a 5 year Resident Card application. This si probably a rather nieve question with an obvious answer, but I assume that before applying for a Residents Card the person applying has to already be living in the UK with a British Citizen? i.e my wife will not qualify for this by entering on her 2 year multiple entry visitors visa, the only route that we can take is to apply for the Spouse Visa?

Also regarding the minimum maintenance requirements, I have requested the company that has offered me a postition to send an official job offer so this can be submitted with the visa application. I also have all my previous/current payslips stored electrinically and will print off the last 4 months plus request a supporting letter from my current employers stating my salary and period of employment.
I have savings in my UK bank account that cover the minimum savings value i've seen stated in other threads but I take it that the job offer + payslips and supporting letter would mean that I do not have to prove or include any bank statements regarding savings? I ask because as I am currently living in Luanda, it would be very difficult and timely to get my (UK) bank statements stamped and signed and delivered to Angola. I would only be able to present statements from my internet banking.

My biggest concern is the timing with my wife expecting the birth of our second child around March next year. Should I submit the visa application now/soon then I fear we could be stuck in Angola waiting on the decision and unable to travel to the UK before any travel restrictions due to the pregnancy. The other option would be to travel to the UK in January using my wife's visitors visa and stay there until the baby is born and then go through the Spouse Visa application which would mean splitting up for a while, something we'd rather not have to do.

Thanks again for all the help and advice.

[escoppycoppy]

I think you'd need payslips going back over 12 months. Unless I've misunderstood, you're going for category B on the financial requirements- see p26 of https://www.gov.uk/government/uploads/s ... rement.pdf

You would need to show that you've received a salary of at least something like £24,000 (£18,600 plus two children) over the last twelve months.

As for the bank statements... I'm not sure, but they might actually be required to show your salary going in- see p6-7 of https://www.gov.uk/government/uploads/s ... _FM_SE.pdf
Overseas employment seems to need a 'reasonable equivalent' I the UK employment evidence, which I would interpret to include the bank statements for the account into which your salary is paid.

[Casa]

No. Category A. See 5.2.1 in the link. Only 6 months of overseas employment/earnings meeting the minimum required + confirmed job offer to start in the UK within 3 months of entry.

If the children hold British nationality they don't need to be included in the financial calculation.

The 5 year permit is applicable only to EEA nationals, not British nationals.
If your wife enters the UK on a visitor visa and gives birth here she will have to pay for the delivery and any medical expenses. If NHS facilities are used and remain unpaid her spouse visa could be refused. Also bear in mind that the border control immigration officer may doubt her intention to enter as a genuine visitor. If he suspects an overstay he could refuse entry even with a valid visitor visa.
As long as you have everything in place it would be wise to apply now.

[DuncLua]

Thank you both for the helpful links and advice.

I'm one of those who, through past visa experience, likes to submit as much evidence as possible.

I have emailed the International School in Luanda regarding the English exam for my wife, so a lot could depend on when/if that can be completed.
I also have a fellow Brit work colleague married to an Angolan who travelled to the UK when it was time for their child to be born. His wife (at 7 months pregnant) entered using her 5 year Visitor Visa without any problems and their son was born there. The only difference to our circumstances is that they both then returned to Angola to carry on living and working there.

All I can do is start collating the required documents and then wait to see what response I receive from the company I requested the official job offer from and also the comeback from the International school.

Now I think I might have finished my questions....

Thank you all again, I have learnt a lot that I probably would have missed from just reading through the UK Gov website.

[DuncLua]

I was also aware that payments would have to be made to the NHS if our child is born in the UK without my wife having the proper clearance. It might just be the only option we have given the circumstances but one that we will be prepared to do.

Regards,
Duncan

[DuncLua]

Hello once again. I'm slowly piecing together all the requirements to start the process of a Spouse Visa for my wife to join me in the Uk when we plan to move there in January/February.
Thank you for the help and advice so far but, as expected, I have some more questions please.

Just a brief update regarding our situation. I am British, working and living in Angola with an Angolan wife and a 2 year old son (British passport). We have decided to move to the UK in around January/February 2015 once my current job role in Angola finishes and I am about to apply for a Spouse/Family visa for my wife. I have been in talks with companies back in the UK and have had a verbal job agreement but nothing official yet, but I also have enough bank savings that will satisfy the maintenance requirements.

My questions now are:

1) I plan to be the sponsor of my wife and will provide evidence of my bank savings and payslips to prove this. However as we are both currently living together in Luanda, Angola, I do not meet what is stated in the Sponsorship form (SU07/12) which asks me to provide evidence that I am currently living in the UK with an address. Surely there has been an example similar to our experience where the family plan to travel together for relocation to the UK? If so, how do we state this in the Sponsorship form to be submitted along with the visa application?

2) The easy way past the previous question would be for me to provide a letter from my Building Society that shows I currently have an apartment that I am renting out, thus proving I currently have an address in the UK. However, as my wife is 3 months pregnant (we have 1 son already) the plan was to stay at my parent's house during the initial stage of arrival until the baby was born and for a few months after. So can I still use my apartment address and mortgage statement as evidence for the Sponsorship form? If so I will also have to use this address as where we plan to stay once in the UK?

3) As the plan is to stay with my parents to provide help during the final stages of the pregnancy and just after, would this prove to be a problem with regards to what I previously stated about using my apartment address for the Sponsorship form? I do not wish to put the burden of sponsorship on my parents as that is my responsibility.

4) As I am currently in Angola and have no plans to travel to the UK until we move there in January/February, the evidence of my bank account savings will only be available by printing out the statements from my internet accounts along with my payslips that are electronically delivered via e-mail. Are these type of statements acceptable or do I have to get the official bank statements (stamped, dated and signed) couriered to Angola from the UK?


In the previous replies on this thread, Casa provided me with a link to the International School in Luanda as a possible location for my wife to sit the English langauge exam. Unfortunately they do not do these exams but were very helpful and provided me with link to a nearby exam centre that does provide the opportunity to sit the Cambridge KET test. Unfortunately again, after several attempts to contact them, it turns out that they only provide the test when they have a minimum number of participants, so it was recommended to either travel to Namibia or South Africa. (not what I wanted to hear with my wife coming on for 4 months pregnant).

Namibia is the favoured option and I have sourced a test centre in Windhoek with the next iELTS exam taking place on the 1st November. My concern now though is that the KET exam seemed to be a quite basic reading and listening exam, which my wife would have no problem with, however after speaking to a Colombian work colleague, he informed me that the iELTS exam is much more indepth exam over a few hours and involves speaking, reading, listening, writing, so....

5) Can anyone provide me with information with regards to how this exam is marked ie my wife is comfortable with speaking, reading and listening but is not so confident with writing in English. Is this a fail or pass exam or does it get marked to different levels ie to the stated A1 level requirement for applying for the UK Spouse/Family Visa?

Thank you for any help or advice and I hope my rather long post didn't send anyone to sleep.

Best regards,
Duncan

[Rayking]

You don't need that sponsorship form,with respect to accommodation, you can use your parent's place as long as they can provide a letter stating there's a room exclusively for your use,with proof of ownership of the property,I mean property deeds.
2.you can use your own property,but you don't want to contradict yourself by saying it's rented out,that makes it insecure for your use and you never know,eco can pick on that.
You can actually provide the two options by stating you'll be staying with your parents first to look after your wife,All with evidence.
3. As stated above,you don't need the sponsorship form, all you need is the online form and appendix 2 form.
4. However it's obtained, you need ti find a way of getting it stamped or get the statements post to Angola,that can ruin the whole thing, I mean not stamping or it's OK on official bank letter head.
5. Well she just have to pass,but I think speaking and listening is more important, don't know if your wife has got degree,she won't need all that if she's got that.
Just take it one at a time,obviously you're making progress.

[DuncLua]

Thanks RayKing for the good advice. f_ok

An update on the English test, after contacting the approved Cambridge exam centre in Luanda and explaining the situation, they contacted the Cambridge Exam folks and it now seems that we will be allowed to sit the exam in Luanda with the minimum number of participants being 2. One of my wife's college friends has agreed to be the second person and I will cover the costs (certainly cheaper than a weekend in Windhoek although Windhoek Country Club did look nice).

I have one question please regarding the Cambridge KET exam please.
The exam date has been set for 6th December which leaves us with little time to try and get the Spouse Visa application in and processed before the end of February (when my wife reaches 7 months of pregnancy and then unable to fly). I plan to pay the extra money to use the priority route (available for Angolan visa applications) and hope and pray that it is issued in time. I had heard that the exam results might not be available until up to a month after the exam date, which is worrying given the time of year and closures over the Christmas period.
Can someone please confirm if this is true (1 month for results), or does it vary depending on the location of the exam? Also, is there anyway of accessing the exam results online and including them in the visa application rather than hvaing to wait for any certificate to be delivered? (OK, that was 2 questions, sorry!).