Spouse Visa

So I submitted my spouse visa today. Even with covid-19 going on, it's a relief to know the process has started. Husband I were trying for years to get him here, but didn't work out. Now just have to wait to April to see if USCIS open up, or drive/fly to Houston to the PAC (if they remain open) for biometrics. This gives us a few weeks to get all the paperwork gathered up at least. Already got most of it though.

So I submitted my spouse visa today. Even with covid-19 going on, it's a relief to know the process has started. Husband I were trying for years to get him here, but didn't work out. Now just have to wait to April to see if USCIS open up, or drive/fly to Houston to the PAC (if they remain open) for biometrics. This gives us a few weeks to get all the paperwork gathered up at least. Already got most of it though.

Just a note because we can't say this too often. The paperwork should be gathered before the online application is submitted as that is the official application date.

I hope you don't have too much longer to wait. Good luck. 

We have nearly all of it but husband and I are debating over the wording if bank statements. He agreed to go with my interpretation. So he's working on that bit.

Otherwise I would have the packet ready. I still have to make an appt but that's up in the air anyway.

We have nearly all of it but husband and I are debating over the wording if bank statements. He agreed to go with my interpretation. So he's working on that bit.

Otherwise I would have the packet ready. I still have to make an appt but that's up in the air anyway.

You are confident with your interpretation? Feel free to ask if you need any clarification.  You really don't want to be taking any chances with the bank statements.

I'm pretty confident. I'm making husband get 12 months worth. But here are the two lines.

Bank statement from anytime during the 12-month period prior to the date of
my application showing payment for ###########s Carer's Allowance

It's only asking for 1 bank statement within the 12 months.

Bank statement(s) from anytime during the 12-month period prior to the date
of your application showing payment for each of the public fund(s) ######## receives

This is where it's a bit confusing. On the list of public funds, carer's allowance was listed as one. So even though it's already asked for Carer's Allowance bank statement, the website lists it so we need 12 bank statements. Husband already ordered from the bank about 3-4 supposedly, but he is ordering the other months to get the 12 months total.

Am I getting that correct? Thanks.

I'm pretty confident. I'm making husband get 12 months worth. But here are the two lines.


It's only asking for 1 bank statement within the 12 months.

This is where it's a bit confusing. On the list of public funds, carer's allowance was listed as one. So even though it's already asked for Carer's Allowance bank statement, the website lists it so we need 12 bank statements. Husband already ordered from the bank about 3-4 supposedly, but he is ordering the other months to get the 12 months total.

Am I getting that correct? Thanks.

So your husband is in receipt of carers allowance and you are using adequate maintenance for your application.

This is what the guidance states.

12. Where a person is in receipt of Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Injury Pension, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions, Veterans Agency or Police Pension Authority confirming the current entitlement and the amount currently received.
(b) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.

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

You will need the carers allowance award letter and yes, just one bank statement showing the benefit being paid to him.

You will also need to show your housing and council tax costs.

Yes, we are using carer's allowance. He has a part time job by working 1 day a week.

The two things I quoted were from the document checklist, because one is asking about public funds. On the website, they list carer's allowance as public funds. So would we not need to have 12 months of bank statements?

The documents does not ask for any council tax. He lives with his parents rent free. They own the house. Is there anything else we need to list for housing requirements? They have a 2 bedroom bungalow. My in-laws are fine with me living there, so we could get them to write a letter stating that. A mortgage statement (if they have one...?) or proof of ownership. And what else would we need?

Sorry. I thought if it wasn't listed on the document checklist we wouldn't need it.  Here's the entire list they asked for also:

Official document from the Department for Work and Pensions or Veterans
Agency confirming #########'s current entitlement and amount
received for #########'s Carer's Allowance

Bank statement from anytime during the 12-month period prior to the date of
my application showing payment for #########'s Carer's Allowance

The passport or travel document for "Aislyn" from United States
of America

Your passport or travel document must be valid, be in good condition, and
have at least one blank page for your visa.

If you have evidence of your travel history in a different passport, you may
want to submit that with your application.

Copy of the bio data page of the passport or travel document for ######### from British Citizen

Bank statement(s) from anytime during the 12-month period prior to the date
of your application showing payment for each of the public fund(s) ######### receives

Proof of relationship to your partner - for example, marriage or civil
partnership certificates

One proof of British citizenship for ######### (such as a passport or
UK citizenship certificate)

Divorce or dissolution certificate between ######### and ######### ex-wife

Already have letter from DWP, bank statement for CA, my passport, bio page of husband's passport, marriage license and all travel/photos to go along with it, citizenship is covered by husband's UK passport, and dissolution certificate for his previous marriage. Husband is now gathering the remaining 12 months of bank statements, since it's listed twice I didn't want to take a chance with it.

Thank you larrabee for pointing out major oversights. I thought we would need that stuff, but then the doc list didn't have them so I didn't pursue them. Will get started now...

Yes, we are using carer's allowance. He has a part time job by working 1 day a week.

The two things I quoted were from the document checklist, because one is asking about public funds. On the website, they list carer's allowance as public funds. So would we not need to have 12 months of bank statements?

The documents does not ask for any council tax. He lives with his parents rent free. They own the house. Is there anything else we need to list for housing requirements? They have a 2 bedroom bungalow. My in-laws are fine with me living there, so we could get them to write a letter stating that. A mortgage statement (if they have one...?) or proof of ownership. And what else would we need?

Sorry. I thought if it wasn't listed on the document checklist we wouldn't need it.  Here's the entire list they asked for also:

Already have letter from DWP, bank statement for CA, my passport, bio page of husband's passport, marriage license and all travel/photos to go along with it, citizenship is covered by husband's UK passport, and dissolution certificate for his previous marriage. Husband is now gathering the remaining 12 months of bank statements, since it's listed twice I didn't want to take a chance with it.

Thank you larrabee for pointing out major oversights. I thought we would need that stuff, but then the doc list didn't have them so I didn't pursue them. Will get started now...

Yes, you will need to meet the accommodation requirement so a letter from them, the land registry document and a recent mortgage statement.

You will need all the usual relationship evidence. A photo or two of the two of you together, evidence of how you communicate on a regular basis, and boarding passes etc from any trips to see each other. As well as marriage and any divorce certificates.

They need the information on the housing costs to calculate if there is enough income to meet the maintenance requirements. But if the housing cost is zero and the council tax liability is zero, that is fine.

I'm hoping ksand will be along soon to go over the financial component. It's not the same as the 18.6k requirement but there is still a level which they expect to be met and I'm not sure what you would need to show for his employment.

The check list is not always accurate unfortunately, it would be great if it were!

Just a quick reply for now, but for the financial requirement you need to show that:

He is in receipt of Carer’s Allowance:
- letter proving he is entitled to the allowance
- 1 bank statement showing it is being paid into his account

And he has enough income/savings to meet the adequate maintenance requirement... which is that he has at least £114.85 left over each week after paying any rent and council tax.

To prove this he should provide:
- 6 months of bank statements showing his carer’s income and employment income
- 6 months of payslips showing his employment income
- a letter from his employer stating his employment and salary, length of employment, length of time earning current salary, and type of employment.
- if either of you has savings, you also need to provide 6 months of savings bank statements from each account the savings are held in.

From the Adequate Maintenance guidance:

5.2. Evidence to prove exemption from minimum income requirement (partner and child of a partner applicants only)
Under paragraph 12 of Appendix FM-SE, if the sponsor is in receipt of one the specified benefits or allowances listed in paragraph 2.1.2 above, the following evidence must be provided:

a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received.

b) At least one personal bank statement in the 12 month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.

5.3. Earnings from employment (all adequate maintenance applications under Appendix FM)
Under paragraph 12A(a) of Appendix FM-SE, where income from current employment in the UK is relied upon, the following must be provided:

a) A letter from the employer confirming the employment, the gross annual salary/income and the annual salary/income after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency).

b) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.

c) Personal bank statements covering the same period as the payslips, showing that the salary/income has been paid into an account in the name of the person or in the name of the person and their partner jointly.
     
Paragraph 18 of Appendix FM-SE, sets out additional provisions relevant to the calculation of employment income under paragraph 12A.

5.6. Cash savings
Where cash savings are relied upon, the evidential and other requirements in paragraphs 11 and 11A of Appendix FM-SE apply.
Under paragraph 11 the following must be provided:
(a) Personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application.

(b) A declaration by the account holder(s) of the source(s) of the cash savings.

Under paragraph 11A cash savings can be held in any form of bank/savings account which allows immediate access to the funds (with or without a penalty for withdrawing funds without notice). Paragraph 11A also sets out other requirements as to the funds which may be counted as cash savings, including as to the scope for them to be derived from the transfer of investments or from the sale of property within the period of 6 months prior to the date of application.

See:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452967/IDI_Adequate_Maintenance_and_Accommodation_Appendix_FM_Annex_1_7A.pdf#page14


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And he has enough income/savings to meet the adequate maintenance requirement... which is that he has at least £114.85 left over each week after paying any rent and council tax.

To meet the £114.85 a week after rent/council tax (which he doesn't pay, he lives rent free with parents), he is roughly £10 short a week before pay from his job. Would working 1 night a month qualify for the rest of the weeks of the month? I ask because while he usually works 1 night a week, sometimes it's only 3 nights a month. (Going by average of 4 weeks in a month.) So does payslips from previous week cover the following week if he gets no shift?

Thanks for the help ksand!

To meet the £114.85 a week after rent/council tax (which he doesn't pay, he lives rent free with parents), he is roughly £10 short a week before pay from his job. Would working 1 night a month qualify for the rest of the weeks of the month? I ask because while he usually works 1 night a week, sometimes it's only 3 nights a month. (Going by average of 4 weeks in a month.) So does payslips from previous week cover the following week if he gets no shift?

Thanks for the help ksand!

No problem .

The Adequate Maintenance document I linked to above states that if the weekly income varies, then an average should be taken... so assuming his income over a month averages to £114.85 net per week (after tax and NI), that should be okay.

The £114.85 figure comes from the amount per week that a UK couple on income support would receive from the government... so he just has to show that he earns/receives at least this amount in income (the Adequate Maintenance document uses the figure of £113.70, but that's an out-of-date figure, as it was published in 2015, and it has risen to £114.85 since then).

Do either of you have any cash savings that you have held  in your account(s) for at least 6 months? If so, you can also use the savings to make up the £10/week difference.

Hi sorry, it's been crazy at work.

I had savings, which I'm using for applications fees, IHS fees, moving and breaking an apt lease fee. So I won't have anything to show for the application because I won't have it over 6 months previously. Though, I'll have plenty after this covid19 thing. Working for gov't agency when I get OT is going to pay off before I move at least.

His job will cover any amount needed though, so we will be fine.

His parents own the house, no mortgage. On the Land Registry it has Lender: None, so we don't need to provide anything else to prove that correct? They are getting the letter from parents this week. I've let them know to include; number of rooms, number of occupants, ownership with no mortgage, and that I am able to live there. Does the letter need to state anything aside from those points?

Thank you.