Questions about spouse visa application

[madgoose]

hey everyone i'm hope someone will be able to help me,

i am a US citizen who married my Scottish fiancee on August 5th and am now in the process of gathering all the necessary documents to make my spouse visa application.

After looking over the application i had a couple question i'm hoping someone could help me with:

1. i worked in scotland for 6 months on the bunac program during which i had applied for a UK work permit and was rejected because they felt the job i was in did not require specified skills and could be filled by a UK citizen. Now on the application it asks if i have applied for a UK visa before, now is a work permit the same as a visa? and will this cause any problems with my application?

2. when i get to scotland we are intending to stay with his parents until we can get a flat, there is a section on the application where you have to put how many bedrooms there are and how many people. Currently there are 4 bedrooms and 5 people living there including my husband. He and i would share his bedroom on a temporary basis and I am just wondering if anyone thinks this would cause problems for my application and if so how i can rectify that?

Thanks for any help

[Docterror]

madgoose, using your own numbering to answer:-

1) The work permit(WP) is not the same as a visa a rejection of a WP does not constitute a rejection of a visa to the UK.

2) Unfortunately, help from your husband's parents are no longer accepted for spouse visa applications and so he will have to get a tennecy agreement for a small flat and a letter from the landlord stating that the place can accomodate you as well without any problems.

The good news is that US applications tend to have a high success rate and so, the checks may not be quite as stringent as an application from say, Kensington or Islamabad. Who knows, maybe after all a letter from the parents regarding the accommodation might do as well.

[John]

Unfortunately, help from your husband's parents are no longer accepted for spouse visa applications and so he will have to get a tennecy agreement for a small flat and a letter from the landlord stating that the place can accomodate you as well without any problems.

I don't think it is that clear cut! Yes I know about the recent Court decision, but no way did that deal with the matter of accommodation.

Of course the parents are permitted to allow the couple to live there. I think the question is, is the value of that letting at under market rate, allowed to influence the decision on the visa application? If indeed it is at an undervalue .... we are not told told that .... but it could be implied from the facts.

[madgoose]

hey everyone thanks for the replies,

i thought the letter from his parents would be acceptable because of the info i got off the www.britainusa.com website which states:

If you plan to stay temporarily with relatives or friends we require a letter from them giving their consent to this arrangement. In addition evidence in the form of (a), (b), (c) or (d) that they have suitable temporary accommodation available for you and your dependants.

NOTE: Under the Rules you must demonstrate that you have the intention and ability to acquire adequate accommodation of your own or which you occupy yourselves (i.e. a separate unit of accommodation. One room in a shared property may not be acceptable other than on a strictly temporary basis).

we have the letter from his parents approving the stay and also they own their house so i included a copy of the deed to the property, do you think this will still cause problems?

i have another question in the application it asks if we have ever lived in a relationship like marriage before and to give details. When i was on the bunac program i lived with him sharing his room in his parent's house for 6 months, does this count? and by mentioning this will it help support the fact that i am able to stay at his parents house on a temporary basis with no problems

thanks again[/quote]

[joe777]

john, something i only found out the other day, while looking into the no support from a 3rd party, was that for a spouse visa, co-support was at the discretion of the case worker.

from http://www.ukvisas.gov.uk/servlet/Front ... 6517843636

"Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s / proposed civil partners who are not permitted to work until the marriage / civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK."

[madgoose]

that's what i'm confused about i don't know how to show them that it would just be temporary, the only thing i can think of is that the bank account statements would show the money we are saving up to move out

[IMMIGRATION LAWYER]

Hello,

WP application was not a leave to remain (visa) application, so you should say NO, no visa has ever been refused to you.

The parents could be your sponsors, sort term, though. The main reqirement is that there must be at least a single bedroom in your and your partner's EXCLUSIVE use.

I hope it works for you and your partner, although you may find life in the UK of a lower standard than in the UK.

[Docterror]

you may find life in the UK of a lower standard than in the UK.

... and I personally would contest that even if you meant US.

joe777, my response was based on the information that you had highlighted. That and the court case. But, I do kind of agree with John understanding regarding the accommodation bit. The only problem is, will the ECO, especially the ones the low approval rate embassies?

madgoose, It will all depend on the ECO who sees your case. Want to be sure? Off the record, lease a place from a his dad's friend or someone else and then after the granting of the visa go stay with the parents. Its not like they are gonna hunt you down and see whether you are staying where you said that you will be staying! Learn to read between the lines. We can't spoonfeed you everything.

[busubi]

When my wife first came here we stayed with my parents. We provided the deeds to the house proving my parents owned the house and a letter from my parents explaining they where willing to accommodate us on a short term basis, i.e. 3 months.

However there where enough bedrooms for the amount of people.

Obviously You and your husband can share a room but will you need to share with someone else as well?

[joe777]

When my wife first came here we stayed with my parents. We provided the deeds to the house proving my parents owned the house and a letter from my parents explaining they where willing to accommodate us on a short term basis, i.e. 3 months.

However there where enough bedrooms for the amount of people.

Obviously You and your husband can share a room but will you need to share with someone else as well?

over 2 years ago when i applied for a spouse visa for my wife, i did the same as you, used a copy of the deeds to my mothers house and we moved in with her, still with her 2 1/2 years later. what i didn't know thou, that the letter of co-support would be accepted at the discretion of the case worker !!, lucky it was. and what would happen now if i applied with the ruling on 3rd party support?, or with the immigration changes what will likely happen after april , when the gov 'simplifies' immigration law?