# Spouse Visa Apply Outside UK - 28 Days Rule



## Sarah_81 (Jan 2, 2015)

Hi, my husband is due to submit spouse visa application from Malaysia next Tuesday. I reviewed the Appendix FM-SE on the 28 days rule again now, also quoted the terms from the appendix for your reference. Does anyone know whether the 28 days rule apply to letter of employer as well? The letter will be 37 days old on the date submitting the documents at vfs. I won't be able to ask my company to re-issue one again before the submission. Could you kindly advise that it's fine for the letter not dated within 28 days on the date of submission? Thanks so much.

_1. (l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary; (ii) the length of their employment; (iii) the period over which they have been or were paid the level of salary relied upon in the application; and (iv) the type of employment (permanent, fixed-term contract or agency)._


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## Joppa (Sep 7, 2009)

No. It only applies to time-critical item like payslips. Provided the letter of employment is up to date (i.e. describes his current job status), then it's fine.


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## philemon_bodiba (Oct 14, 2014)

Joppa said:


> No. It only applies to time-critical item like payslips. Provided the letter of employment is up to date (i.e. describes his current job status), then it's fine.


Hi Joppa

In my letter of sponsoring my wife and child I've stated that I'm in 'non-salaried' employment, however, my letter of employment doesn't mention that I'm in 'non-salaried' employment. Would that cause an issue?

Thanks...


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## Joppa (Sep 7, 2009)

It might. Get the letter rewritten to mention your non-salaried status, such as hourly paid, zero-hour contract etc.


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## philemon_bodiba (Oct 14, 2014)

Joppa said:


> It might. Get the letter rewritten to mention your non-salaried status, such as hourly paid, zero-hour contract etc.


The thing is the application had already been submitted. But would it make any difference, I had applying under Category B and submitted all the necessary documents.

And the letter also states that my basic salary is £1350 every four weeks. But including nights premiums and weekend working my total gross income is approximately £23600.
Would you say my basic salary of £1350 would be overlooked, and in the last 12 months I've earned £24900?

Thanks,...


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## Joppa (Sep 7, 2009)

Never ask a question about application you have already submitted, as there is nothing you can do about. 
As for your situation, hopefully they will work out your income correctly, but there is no guarantee till you get your answer back. It also depends on how your payslips break down your pay into basic and overtime/premium.


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## ckmk (Dec 14, 2014)

Hi Joppa. I was about to request the land registry document I need but noticed it will be stamped with the date I download and print it. Is this one of the documents that can be dated now if we are applying at the end of February, because the mortgage statements will show the mortgage is being paid and the address will be the same on my bank statements?


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## nyclon (Apr 3, 2011)

ckmk said:


> Hi Joppa. I was about to request the land registry document I need but noticed it will be stamped with the date I download and print it. Is this one of the documents that can be dated now if we are applying at the end of February, because the mortgage statements will show the mortgage is being paid and the address will be the same on my bank statements?


Bank statements and pay slips that relate to meeting the financial requirement can be no more than 28 days old at the time of online application. Everything else should be as recent and up to date as possible. Mortgage statements are unnecessary.


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## ckmk (Dec 14, 2014)

I'm confused then, sorry. I posted a list of the documents I was going to be submitting a while back and got told everything was okay. 
My list for spouse visa application documents is;
Sponsor's letter of introduction
Photocopy of passport bio page
6 months bank statements showing regular salary income exceeding the requirement (4 months of these are on printed paper from the bank with a cover letter stating they are the originals and have been printed out at the bank)
6 months original payslips meeting the requirements
P60 for year 2014 (my sponsor has included details in her introduction letter stating the P60 is from previous job which explains why it doesn't show that it meets the requirements)
Letter from her parents stating they are happy for us to live in their house with them until we find our own accommodation, and details the arrangements
Land registry for their property
Council tax bill for their property & utility bill for their property (both 2014)
Mortgage statements - which I now have been told aren't necessary? so I'm guessing bank statements to prove this is also unnecessary? 
Letter from private inspection of the property from the council stating how many rooms, the condition of the house, etc. and that it is suitable for the amount of people living there
Sponsor's contract from work & letter of employment
Skype call log
Flight details from previous visit
Flight detail from next visit
Photos from holidays etc together - will be including wedding photos too

Applicant's documents;
Letter of introduction
Original passport
2 x colour photos
Biometric confirmation
1 x bank statement from same month
1 x pay slip 
Proposed flight plans to travel to the UK
Marriage certificate - does this have to be the original or a certified copy?
1 page of Whatsapp conversation per month we've been apart - can this just be a printout which covers part of a conversation on one day? It doesn't seem like proof of much if it's just one day a month??


What, if anything, needs to be taken out or added?


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## nyclon (Apr 3, 2011)

If you are living with her family and they own their home then you need the deed or land registry, a council tax or other utility bill, a letter of permission from them allowing you to stay and a property inspection is recommended. That's it. The deed or land registry proves that they own the property and the council tax or utility bill proves that they live there. Their mortgage statement and bank statement are unnecessary.

For communication while apart 1-2 log pages only for every 6 months or so that you've been apart. They just want to know that you've kept in constant contact over a period of time. 

10-15 photos from across your relationship including the wedding.

As long as the marriage certificate is certified by whatever entity married you, that's fine.

Include copies of everything.


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## ckmk (Dec 14, 2014)

Okay - thank you for your help. 
With regards to the land registry - I went online to request it from the website. It's the option where you pay £3 and then have the version sent to you via download which you print. Is this sufficient? 
The copy of the deeds her parents have have 'cancelled' stamped on them, as the paper records were sent back to everyone when they were put on a computer system, so we don't know whether to send them or not.


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## Joppa (Sep 7, 2009)

£3 one is sufficient.


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## ckmk (Dec 14, 2014)

& then print it at home yes?

And if I have this, do we not need to bother with the deeds?


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## Joppa (Sep 7, 2009)

Print at home.
Deeds not needed.


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## ckmk (Dec 14, 2014)

Thank you


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## ithinkin (Jan 30, 2015)

Hello. Can someone confirm the 28 day rule please.

Is it 28 day old (payslip, Bank statements) at the time of submitting the application online 

Or 

28 days until all documents are handed in by the applicant.

Any help with me appreciated. 

Thanks.


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## Joppa (Sep 7, 2009)

The most recent payslip must be no more than 28 days old when you submit your application online. And it cannot be dated later than online application.


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## ithinkin (Jan 30, 2015)

Thank you for your response. 

I did not understand the last sentence. 

E.g. my payslip is currently dated 25th Jan 2014. This should be ok whilst an online application is made, however I am in doubt that it would be more than 28 days old by the time applicant hands in all documents. 

Hope this makes sense.


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## Joppa (Sep 7, 2009)

It's only the online application date you must be concerned with. When you hand in or send your documents is completely immaterial.
For example, if you apply online today, 30 Jan 2015, your latest payslip must be dated between 2 Jan to 30 Jan 2015.


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## ithinkin (Jan 30, 2015)

Joppa said:


> It's only the online application date you must be concerned with. When you hand in or send your documents is completely immaterial.


Thank you very much for your prompt response. You guys are better than the solicitors am paying!


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## adimoon (Dec 14, 2014)

Joppa one quick question. i have two jobs one job i am showing period 08 aug 2014 to 23 jan 2015 and second job from 05 sept 2014 to 05 feb 2015. So it wont have to be in same period only should be from last six months?


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## Joppa (Sep 7, 2009)

Yes.


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