# Spouse Visa Questions Applying In Person



## dr1 (Feb 6, 2012)

Hi Everyone,

Me and my partner got married in november of last year and i got an appointment for the 13th february for the premium service. I just have a few questions.

We officially moved in together on the 20 January 2012. Would they require and explanation as to why we didn't live together right away?

Do we have to give them bank account statements and payslips for the past three months? Or just one of them? The reason i'm askign is that, though we both work we don't have massive savings (my partner's account is in debit) so just wondering if the fact that both of us are employed would be enough?

Also i moved in with my partner so the housing contract is on his name, is a letter from the landlord saying that we both have exclusive right to the property enough for the UKBA?

Regards,


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## Joppa (Sep 7, 2009)

dr1 said:


> Hi Everyone,
> 
> Me and my partner got married in november of last year and i got an appointment for the 13th february for the premium service. I just have a few questions.
> 
> We officially moved in together on the 20 January 2012. Would they require and explanation as to why we didn't live together right away?


Yes, a brief explanation will help. The reasons for not living toether straightaway must be unconnected with your relationship (broken down etc) but due to other factors like work..



> Do we have to give them bank account statements and payslips for the past three months? Or just one of them? The reason i'm askign is that, though we both work we don't have massive savings (my partner's account is in debit) so just wondering if the fact that both of us are employed would be enough?


Preferably both if available. Let them look at both statements and draw their own conclusion.



> Also i moved in with my partner so the housing contract is on his name, is a letter from the landlord saying that we both have exclusive right to the property enough for the UKBA?


That should be fine.


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## dr1 (Feb 6, 2012)

^^ Thank you. 

Yes the reason we didn't move in right away was because we initially intended to move into a two bedroom flat as his flat is only one bedroom and I wanted to wait but we didn't find anything to our liking. Also my mum came for a visit for the entire December month so we only got a chance to sort everything out in January and well moved in together in February.

The only thing that's concerning me is the bank statements. I'm not British but i have a better job than he does, pays more etc but he doesn't have any savings and well my savings isn't grand either so just wondering if they will have a problem with the overall balance on the accounts or just want to see that salaries (that correspond with the pay slips) are actually being paid into the accounts. I hope the latter suffices. 

I was reading where we must have savings for two years or something like that. It really freaked me out


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## Joppa (Sep 7, 2009)

dr1 said:


> Yes the reason we didn't move in right away was because we initially intended to move into a two bedroom flat as his flat is only one bedroom and I wanted to wait but we didn't find anything to our liking. Also my mum came for a visit for the entire December month so we only got a chance to sort everything out in January and well moved in together in February.


That's fine. Expain that when asked (you may not be).



> The only thing that's concerning me is the bank statements. I'm not British but i have a better job than he does, pays more etc but he doesn't have any savings and well my savings isn't grand either so just wondering if they will have a problem with the overall balance on the accounts or just want to see that salaries (that correspond with the pay slips) are actually being paid into the accounts. I hope the latter suffices.
> 
> I was reading where we must have savings for two years or something like that. It really freaked me out


No, there is no two-year rule on savings.
As things stand, they will look at combined resources of a couple plus any extra support to work out your maintenance. If you are already working in UK legitimately, yes, your income will count as smuch as your spouse's.


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## dr1 (Feb 6, 2012)

^^ thanks

A new development has just evolved. The landlord said that he's not going to do a letter. Instead he wants to create a new contract and wants a job letter and other documents from me. All of that is fine but i'm afraid we won't have the new contract before my appointment on Monday.

I'm a bit lost as to what to do now.


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## Joppa (Sep 7, 2009)

dr1 said:


> ^^ thanks
> 
> A new development has just evolved. The landlord said that he's not going to do a letter. Instead he wants to create a new contract and wants a job letter and other documents from me. All of that is fine but i'm afraid we won't have the new contract before my appointment on Monday.
> 
> I'm a bit lost as to what to do now.


Can you explain to your landlord and ask for a letter by Monday? Tell them that unless you have the letter, you may be kicked out of the country. A lot of British people know nothing about immigration rules and don't realise how important it is to submit correct paperwork.
All your landlord needs to say is that it's quite in order for you to live in the rental property and that a new contract is being prepared take account of extra tenant.


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## dr1 (Feb 6, 2012)

Joppa said:


> Can you explain to your landlord and ask for a letter by Monday? Tell them that unless you have the letter, you may be kicked out of the country. A lot of British people know nothing about immigration rules and don't realise how important it is to submit correct paperwork.
> All your landlord needs to say is that it's quite in order for you to live in the rental property and that a new contract is being prepared take account of extra tenant.


Exactly, he doesn't seem to get it. I am going to give him a ring again and tell him that we just need a simple letter. Will update you accordingly


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## dr1 (Feb 6, 2012)

Joppa said:


> Can you explain to your landlord and ask for a letter by Monday? Tell them that unless you have the letter, you may be kicked out of the country. A lot of British people know nothing about immigration rules and don't realise how important it is to submit correct paperwork.
> All your landlord needs to say is that it's quite in order for you to live in the rental property and that a new contract is being prepared take account of extra tenant.


Ok just spoken to him again and he explained to me clearly what he meant and i understand where he's coming from. He said that the reason he didn't want to do the letter was because i don't have the visa yet. Unless that have been agreed only then he could proceed with the contract. If he does a letter saying a contract is being drafted to accommodate an extra person and I don't get the visa then he would be in an awkward position. 

He told me that my partner could write the letter saying that i live with him full time and the landlord is aware and a contract will be finalised after the visa process takes place. He also said we could put his contact number in there should any questions arise. 

Do you think this will suffice?


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## Joppa (Sep 7, 2009)

dr1 said:


> Ok just spoken to him again and he explained to me clearly what he meant and i understand where he's coming from. He said that the reason he didn't want to do the letter was because i don't have the visa yet. Unless that have been agreed only then he could proceed with the contract. If he does a letter saying a contract is being drafted to accommodate an extra person and I don't get the visa then he would be in an awkward position.
> 
> He told me that my partner could write the letter saying that i live with him full time and the landlord is aware and a contract will be finalised after the visa process takes place. He also said we could put his contact number in there should any questions arise.
> 
> Do you think this will suffice?


I can see his point of view but a simple, non-binding letter is all that is required. If in spite of supplying a letter, you don't get your visa, then he can just tear up the new contract and let the existing one run its course, so I can't see what the problem is. If he isn't willing to supply one, you just have to do your best to convince the UKBA that your landlord is happy for you to stay and will draw up a new tenancy agreement once you get your FLR. The rules state that by living there you aren't breaking a condition of the existing tenancy agreement and there is no overcrowding (unliklely as there are no dependants involved). Make sure you take a copy of your tenancy agreement, and some sort of indication that the landlord is happy about the existing living arrangement.

Read UK Border Agency | Maintenance and accommodation (MAA), esp sections MAA 11 to 14. 13 deals with the landlord's letter.


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## dr1 (Feb 6, 2012)

Joppa said:


> I can see his point of view but a simple, non-binding letter is all that is required. If in spite of supplying a letter, you don't get your visa, then he can just tear up the new contract and let the existing one run its course, so I can't see what the problem is. If he isn't willing to supply one, you just have to do your best to convince the UKBA that your landlord is happy for you to stay and will draw up a new tenancy agreement once you get your FLR. The rules state that by living there you aren't breaking a condition of the existing tenancy agreement and there is no overcrowding (unliklely as there are no dependants involved). Make sure you take a copy of your tenancy agreement, and some sort of indication that the landlord is happy about the existing living arrangement.
> 
> Read UK Border Agency | Maintenance and accommodation (MAA), esp sections MAA 11 to 14. 13 deals with the landlord's letter.


Thank you.

Yes he's adamant that he's not going to do a letter but instead we can give all of his details as much as possible. He fully agrees and is aware that we are living together full time and if the UKBA raises any questions it could be settled with a phone call. Hopefully that will suffice.


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## Joppa (Sep 7, 2009)

dr1 said:


> Thank you.
> 
> Yes he's adamant that he's not going to do a letter but instead we can give all of his details as much as possible. He fully agrees and is aware that we are living together full time and if the UKBA raises any questions it could be settled with a phone call. Hopefully that will suffice.


I think so. Just let the immigration staff deal with your application and only bring the subject up if you are asked about it. You may not be.
Anyway do come back here after your appointment and tell us how you got on.


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## dr1 (Feb 6, 2012)

Joppa said:


> I think so. Just let the immigration staff deal with your application and only bring the subject up if you are asked about it. You may not be.
> Anyway do come back here after your appointment and tell us how you got on.


Will definitely update on how it goes. I have another question concerning the bank statements.

My last statement date was the 10th January and my partners in December is January statement hasn't arrived yet. Do you forsee this being a problem as we're now in feburary? The recent statement haven't arrived yet and i doubt they will before Monday. Are printed out copies with the official bank stamp acceptable?


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## Joppa (Sep 7, 2009)

dr1 said:


> Will definitely update on how it goes. I have another question concerning the bank statements.
> 
> My last statement date was the 10th January and my partners in December is January statement hasn't arrived yet. Do you forsee this being a problem as we're now in feburary? The recent statement haven't arrived yet and i doubt they will before Monday. Are printed out copies with the official bank stamp acceptable?


That's better than nothing, but Oct - Jan statement should probably be sufficient, esp if your incomes have been steady.


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## lnxjenn (Feb 8, 2012)

Joppa said:


> That's fine. Expain that when asked (you may not be).
> 
> 
> 
> ...


Once you are married, is it mandatory you move in together? We were already planning it'll be a couple months or more before I move there to be with him. Would it be easier to be in the UK and apply for the Visa or stay in the US to start the process?


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## Joppa (Sep 7, 2009)

lnxjenn said:


> Once you are married, is it mandatory you move in together? We were already planning it'll be a couple months or more before I move there to be with him. Would it be easier to be in the UK and apply for the Visa or stay in the US to start the process?


You cannot move to UK after marriage without first getting your spouse visa in US. You cannot go there as a visitor and switch to a spouse visa. So you have no choice.


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## lnxjenn (Feb 8, 2012)

Joppa said:


> You cannot move to UK after marriage without first getting your spouse visa in US. You cannot go there as a visitor and switch to a spouse visa. So you have no choice.


Okay, so I apply in October after the wedding; i should hear something back before Christmas right? I was hoping to get out there for Christmas, not necessarily move yet. I guess I'm concerned of delay. Move would be good, but still.  I'm being realistic!


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## Joppa (Sep 7, 2009)

lnxjenn said:


> Okay, so I apply in October after the wedding; i should hear something back before Christmas right? I was hoping to get out there for Christmas, not necessarily move yet. I guess I'm concerned of delay. Move would be good, but still.  I'm being realistic!


Current average processing time is only 3 days, so unless there are some serious issues with your application, you should get your visa pretty fast. 

Just remember that the rules for family migration are under review and new regulations, when published, are expected to tighten the criteria for you to move to UK, esp with regard to maintenance (finance). It's mooted that minimum income for UK sponsor (spouse, partner etc) will rise to around £26,000 gross. We don't know any details yet, but I suggest you keep your plans fluid and be ready to bring forward your wedding plan where necessary to beat the deadline. Also those who marry in the future are expected to have to live in UK for 5 years before becoming eligible for settlement (indefinite leave to remain or ILR), up from the current 2 years.


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## dr1 (Feb 6, 2012)

Hey guys. I got through with my flr. Getting my biometric permit this week. They didn't even ask about rent, lanlord housing contract etc. All they wanted to see that we were working and money was comign into our accounts so basically showed our payslips and wedding certificate and that was it. Didn't even take long.


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## dr1 (Feb 6, 2012)

One thing though i thought it was actually a spouse visa that goes into your passport but it's only the biometric id they give you...which was a bit of a shocker.


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## AnAmericanInScotland (Feb 8, 2012)

@Dr1-congrats! On the shocker, does that mean your passport didn't get any kind of a stamp to prove you're legal? 

I need to be clear on this because I'll be going through the same thing in May 2013 (I hope-I hope-I hope!). I think I understand from the website pages at UKBA addressing the ILR that I would be getting a biometric residence permit, but reading your post reminded me that my passport has a stamp on the entry clearance visa, and I wondered if that will be updated.


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## CARLOSDURAN (Nov 6, 2011)

I thought you were given a stamp in the passport. Probably the process has changed!


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## dr1 (Feb 6, 2012)

AnAmericanInScotland said:


> @Dr1-congrats! On the shocker, does that mean your passport didn't get any kind of a stamp to prove you're legal?
> 
> I need to be clear on this because I'll be going through the same thing in May 2013 (I hope-I hope-I hope!). I think I understand from the website pages at UKBA addressing the ILR that I would be getting a biometric residence permit, but reading your post reminded me that my passport has a stamp on the entry clearance visa, and I wondered if that will be updated.


No. No stamp is given in your passport. When i enquired further as to why nothing was placed in my passport. They said that everything is done on the "Biometric Residence Permit". You travel with that and just show them at customs, etc. They said I should keep it in my passport at all times. 

I searched on google for what it looked like and it's like an ID card that contains all of your biometrics. Like This ==> http://www.businesslink.gov.uk/Employing_People_files/EMWBiometricImmigrationNEW.htm

I was applying from within the UK though so don't know if the process is different for when applying outside of the UK.


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## AnAmericanInScotland (Feb 8, 2012)

dr1 said:


> No. No stamp is given in your passport. When i enquired further as to why nothing was placed in my passport. They said that everything is done on the "Biometric Residence Permit". You travel with that and just show them at customs, etc. They said I should keep it in my passport at all times.
> 
> I searched on google for what it looked like and it's like an ID card that contains all of your biometrics. Like This ==> Biometric residence permit
> 
> I was applying from within the UK though so don't know if the process is different for when applying outside of the UK.


I'm on the Entry Clearance spouse visa-I've been in the UK since June 2011 on it. In May 2013 I need to do the Indefinite Leave to Remain visa (ILR)-we plan to go down to Glasgow and do it in person. Yes, it's more expensive but we want to get it over with as soon as possible. 

Thank-you for the link! I like knowing what to expect ahead of time From the UKBA pages on the expedited process, I'll know at the appointment if I'll be getting the ILR but the actual card will be posted to me within 7 business days. Works for me, I just want to be able to not have to think about a timeline anymore! 

A year ago today I was on a plane back to the US to apply for the Entry Clearance spouse visa-let me tell you the count down was sad for us since we were so newly married, but my visitor visa was due to expire. I spent four months in the US getting the visa, tying up loose ends, etc, and it was nice to be back on a plane in June 2011 with the visa. But until I have the ILR I still feel on a timeline. A feeling that is always there in the back of my husband's and my heads, not especially fun but worth it in the end if we get through the ILR process.

Hmm, '...keep it with...passport at all times.' I was kinda looking forward to just having to carry around a wallet card. Sigh. The things we endure for love


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