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Topic: Spousal Visa - Starting Application - Rolling Questions Thread  (Read 1044 times)

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Spousal Visa - Starting Application - Rolling Questions Thread
« on: November 29, 2017, 04:40:20 PM »
Hi All!

I am officially filling out my application to move to the UK to be with my husband. I have asked questions here, read lots of different post, but i figure one thread might be simpler to post my running questions here as i complete this process.

A little background:
 I (US citizen) am looking to move to the UK with my husband (UK Citizen) with our daughter (both US and UK citizen). My husband is moving back 12/01/2017 (so Friday of this week) and living with his friends (a married couple with no children) in a 2 bedroom house they own (with mortgage). They plan to allow me and our daughter to live with as well for the application. My daughter and I will be moving to the UK together once my visa is granted (with y'alls help). I am travelling for Christmas with our daughter to visit my husband 12/21/2017-01/01/2018. I plan to submit my application on 01/02/2018 as non-priority as i still have items to sell along with finishing the close of our home.
Our means of application is from an inheritance i was given from my late father; the inheritance is 2 real properties, one is 1/2 ownership of 50 acres of land and one is 1/2 ownership of my childhood home. The court order officially making this land and home mine was filed June 20 2017 and the specialty warranty deeds removing my dad's second wife from the property were signed July 21 2017 (though i do not plan to include these deeds as the court order specifies the properties were to go to my sister and I.) We sold the land on September 17 2017 and this gave me $74k (which sadly is not enough) and i then sold my rights to the childhood home to my sister for $35k in October 2017. Both proceeds from sale were deposited into the same account. I plan to include both the deed stating the sale of the land (with the sum of $160k showing for sale, half of which was mine less the fees =74k) and the affidavit of payoff for the sale of my fathers home (35k).

Spouse and my background:
We met in 2006 when i was traveling to visit the UK for a summer holiday. We were married in 2007 in the US and then in May 2008 spouse moved back to the UK as we could not seem to get a visa in the USA and I was pregnant with out daughter. We stayed separated for 2 years and divorced in the fall of 2010. Then in 2011 spouse made the big gesture and we remarried in July 2011. We have been married since 2011 and gone through the US immigration process and currently my husband is a green card holder waiting for his interview for a US citizenship (he plans to return to go to the interview and to take the oath ceremony.) However due to family matters we are looking to move back to Scotland to be near his mum and father.

On to the questions:

1. On the Personal Details and Travel history under Travel and Criminal History when it asks if you have been issued a visa for the UK in the last 10 years, is this talking about a visitors visa?  I have visited the UK 3 times (included the upcoming trip) since 2007.

2. Will the affidavit of pay off and the special warranty deed work as show of sale of the inherited real property?

3. Do i need to include the special warranty deed from the relinquishing of my fathers second wife's portion of the property be needed? Noting that the Court Order clearly states she is to withdrawal her rights to the real property. (if needed i can quote what the court order states)

4. Other than supplying a copy of our 2007 marriage certificate along with our 2010 divorce decree do i need to explain anything further with the divorce?

Again thank all of you for your help and feedback!!!!!
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #1 on: November 29, 2017, 05:01:17 PM »
Welcome.

1.  No, don't count visitor visas.

2.  Honestly, I'm not 100% sure, I'd have to do some more research and reading.

3.  You don't need the marriage certificate from the first marriage.  Just the divorce decree and the current marriage certificate.  Glad you guys were able to make it work!


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #2 on: November 29, 2017, 05:04:52 PM »
Hi All!

I am officially filling out my application to move to the UK to be with my husband. I have asked questions here, read lots of different post, but i figure one thread might be simpler to post my running questions here as i complete this process.

A little background:
 I (US citizen) am looking to move to the UK with my husband (UK Citizen) with our daughter (both US and UK citizen). My husband is moving back 12/01/2017 (so Friday of this week) and living with his friends (a married couple with no children) in a 2 bedroom house they own (with mortgage). They plan to allow me and our daughter to live with as well for the application. My daughter and I will be moving to the UK together once my visa is granted (with y'alls help). I am travelling for Christmas with our daughter to visit my husband 12/21/2017-01/01/2018. I plan to submit my application on 01/02/2018 as non-priority as i still have items to sell along with finishing the close of our home.
Our means of application is from an inheritance i was given from my late father; the inheritance is 2 real properties, one is 1/2 ownership of 50 acres of land and one is 1/2 ownership of my childhood home. The court order officially making this land and home mine was filed June 20 2017 and the specialty warranty deeds removing my dad's second wife from the property were signed July 21 2017 (though i do not plan to include these deeds as the court order specifies the properties were to go to my sister and I.) We sold the land on September 17 2017 and this gave me $74k (which sadly is not enough) and i then sold my rights to the childhood home to my sister for $35k in October 2017. Both proceeds from sale were deposited into the same account. I plan to include both the deed stating the sale of the land (with the sum of $160k showing for sale, half of which was mine less the fees =74k) and the affidavit of payoff for the sale of my fathers home (35k).

Spouse and my background:
We met in 2006 when i was traveling to visit the UK for a summer holiday. We were married in 2007 in the US and then in May 2008 spouse moved back to the UK as we could not seem to get a visa in the USA and I was pregnant with out daughter. We stayed separated for 2 years and divorced in the fall of 2010. Then in 2011 spouse made the big gesture and we remarried in July 2011. We have been married since 2011 and gone through the US immigration process and currently my husband is a green card holder waiting for his interview for a US citizenship (he plans to return to go to the interview and to take the oath ceremony.) However due to family matters we are looking to move back to Scotland to be near his mum and father.

On to the questions:

1. On the Personal Details and Travel history under Travel and Criminal History when it asks if you have been issued a visa for the UK in the last 10 years, is this talking about a visitors visa?  I have visited the UK 3 times (included the upcoming trip) since 2007.

2. Will the affidavit of pay off and the special warranty deed work as show of sale of the inherited real property?

3. Do i need to include the special warranty deed from the relinquishing of my fathers second wife's portion of the property be needed? Noting that the Court Order clearly states she is to withdrawal her rights to the real property. (if needed i can quote what the court order states)

4. Other than supplying a copy of our 2007 marriage certificate along with our 2010 divorce decree do i need to explain anything further with the divorce?

Again thank all of you for your help and feedback!!!!!

1- No, it's not talking about the visa you get at the border but you do need to mention your trips in the travel history section.

2/3- This is what is required.

Quote
.(d) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property, in the form only of a dwelling, other building or land, which took place within the period of 6 months prior to the date of application, provided that:
(i) The property (or relevant share of the property) was owned at the beginning of the period of 6 months prior to the date of application and at the date of sale by the applicant, their partner or both jointly.
(ii) Where ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted.
(iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid.
(iv) The decision-maker is satisfied that the requirements in sub-paragraphs (i)-(iii) are met on the basis of information and documents submitted in support of the application. These may include for example:
(1) Registration information or documentation (or a copy of this) from the Land Registry (or overseas equivalent).
(2) A letter from a solicitor (or other relevant professional, if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information.
(3) A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property.
(4) Confirmation of payment of taxes or professional fees associated with the sale.
(5) Any other relevant evidence that the requirements in subparagraphs (i)-(iii) are met.
(v) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months mentioned in paragraph 11(a) will be reduced by the amount of time which passed between the start of that 6-month period and the deposit of the proceeds of the sale in an account mentioned in paragraph 11(a).

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

4-Because it's unusual to remarry the same person, I would explain the relationship as you have here in addition to providing the current marriage and the divorce certificates.
« Last Edit: November 29, 2017, 05:06:51 PM by larrabee »


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #3 on: November 29, 2017, 06:07:23 PM »
Quote
living with his friends (a married couple with no children) in a 2 bedroom house they own (with mortgage). They plan to allow me and our daughter to live with as well

I am asking out of ignorance, and not to add stress, but with 4 adults occupying the two bedrooms, is this adequate accommodation when you factor in an almost-9yo child?
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #4 on: November 29, 2017, 06:10:44 PM »
I am asking out of ignorance, and not to add stress, but with 4 adults occupying the two bedrooms, is this adequate accommodation when you factor in an almost-9yo child?

Living rooms and dining rooms count too.

For 5 people you need 3 rooms.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf
« Last Edit: November 29, 2017, 06:12:44 PM by larrabee »


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #5 on: November 29, 2017, 06:12:34 PM »
I am asking out of ignorance, and not to add stress, but with 4 adults occupying the two bedrooms, is this adequate accommodation when you factor in an almost-9yo child?


Based on what I have read on other threads i was understood (and please correct me if i am wrong) that since its 2 bedrooms and a living room its enough for more than 5 people.

That being said we are hopeful to have an flat just before I move or shortly after, but to save funds we will stay with our friends for a short time.
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #6 on: November 29, 2017, 06:13:23 PM »

Based on what I have read on other threads i was understood (and please correct me if i am wrong) that since its 2 bedrooms and a living room its enough for more than 5 people.

That being said we are hopeful to have an flat just before I move or shortly after, but to save funds we will stay with our friends for a short time.

Three rooms for 5 people, you're good.  :)


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #7 on: November 29, 2017, 07:21:40 PM »
Ahh, okay!  Like I said, I really was ignorant and only asked to gain understanding.  I do remember the question on the application saying something like "how many rooms excluding kitchen and bathrooms..." but I wasn't sure what else was excluded in the room count.  Thanks!
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #8 on: November 29, 2017, 07:24:15 PM »
Ahh, okay!  Like I said, I really was ignorant and only asked to gain understanding.  I do remember the question on the application saying something like "how many rooms excluding kitchen and bathrooms..." but I wasn't sure what else was excluded in the room count.  Thanks!

It's always worth asking.  :)


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #9 on: November 29, 2017, 07:25:06 PM »
Ahh, okay!  Like I said, I really was ignorant and only asked to gain understanding.  I do remember the question on the application saying something like "how many rooms excluding kitchen and bathrooms..." but I wasn't sure what else was excluded in the room count.  Thanks!


I feel like we are all learning how this works and I’d rather have someone check me than not say anything! So thanks!!


Sent from my iPhone using Tapatalk
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


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  • Posts: 186

  • Liked: 24
  • Joined: Feb 2012
Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #10 on: November 30, 2017, 04:17:53 AM »
New question: on my proof of relationship I plan to include the following:
Marriage certificate from 2011
Divorce decree from 2010
2 personal photos (wedding and one recent of our family)
Deed from house bought in 2011
Deed from house bought in 2016
Joint tax return transcripts from 2013-2016
Retail installment loan contract from 2012 (bought furniture) with both names on contract (it’s our first loan together outside of mortgage)


Do I need to include more for proof of relationship?


Sent from my iPhone using Tapatalk
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


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  • Posts: 17751

  • Liked: 6110
  • Joined: Sep 2010
Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #11 on: November 30, 2017, 04:27:55 AM »
New question: on my proof of relationship I plan to include the following:
Marriage certificate from 2011
Divorce decree from 2010
2 personal photos (wedding and one recent of our family)
Deed from house bought in 2011
Deed from house bought in 2016
Joint tax return transcripts from 2013-2016
Retail installment loan contract from 2012 (bought furniture) with both names on contract (it’s our first loan together outside of mortgage)


Do I need to include more for proof of relationship?


Sent from my iPhone using Tapatalk

If you have been apart for any length of time, you should include evidence of how you kept in contact. It doesn't hurt to include the odd card that you've sent each other too if you have any.
That looks OK though.


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Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #12 on: November 30, 2017, 04:32:11 AM »
If you have been apart for any length of time, you should include evidence of how you kept in contact. It doesn't hurt to include the odd card that you've sent each other too if you have any.
That looks OK though.

We have lived together since 2011 with the odd work trip here and there. My worry is we really don’t have much communication wise because we mostly talk on the phone or face to face. I do have a few cards and love letters but I read somewhere that wasn’t really needed. ??


However he does leave Friday and I know our WhatsApp will start to really be used. I can include the logs but it will have no real activity prior to December. Do I just screen shot the logs and the send to email for printing??


Also thank you so much for all your help so far!!! ❤️


Sent from my iPhone using Tapatalk
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


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  • Posts: 186

  • Liked: 24
  • Joined: Feb 2012
Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #13 on: November 30, 2017, 04:40:10 AM »
We have lived together since 2011 with the odd work trip here and there. My worry is we really don’t have much communication wise because we mostly talk on the phone or face to face. I do have a few cards and love letters but I read somewhere that wasn’t really needed. ??


However he does leave Friday and I know our WhatsApp will start to really be used. I can include the logs but it will have no real activity prior to December. Do I just screen shot the logs and the send to email for printing??


Also thank you so much for all your help so far!!! ❤️


Sent from my iPhone using Tapatalk


Nvm on the not talking much on WhatsApp. I just sample extracted our chat history and we have a fair bit on there like “grab me x from the store please” messages. Lol it started around April of this year.



Sent from my iPhone using Tapatalk
SECOND APPLICATION- Spousal Visa:
Applied online:21 April 2018
Bio-metrics and Docs mailed: 01 May 2018
Arrived in Sheffield (via UPS): 08 May 2018
Email confirmation from Sheffield: 08 May 2018
Decision made: 15/06/2018
Docs returned: 17/06/2018
Decision: Approved

FLR(M)
Applied:16/02/2021
Biometrics: 16/03/2021
Decision made email: 18/03/2021
BRP received: 25/03/2021

ILR:
Life in the UK Test:27/03/2021 Passed
Application made: 12/06/2023
Biometrics - Std (free): 25/06/2023
Approval: 03/08/2023


  • *
  • Posts: 17751

  • Liked: 6110
  • Joined: Sep 2010
Re: Spousal Visa - Starting Application - Rolling Questions Thread
« Reply #14 on: November 30, 2017, 04:54:04 AM »
We have lived together since 2011 with the odd work trip here and there. My worry is we really don’t have much communication wise because we mostly talk on the phone or face to face. I do have a few cards and love letters but I read somewhere that wasn’t really needed. ??


However he does leave Friday and I know our WhatsApp will start to really be used. I can include the logs but it will have no real activity prior to December. Do I just screen shot the logs and the send to email for printing??


Also thank you so much for all your help so far!!! ❤️


Sent from my iPhone using Tapatalk

It's not essential to send cards or letters but it's something that I've seen mentioned in refusal letters so I think if you have them, it doesn't hurt to include one or two.


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