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Topic: Beginning Again: Family/Spousal Visa?  (Read 686 times)

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Beginning Again: Family/Spousal Visa?
« on: April 23, 2023, 04:17:29 PM »
Hello folks!
I'm Erica. :D

I've gone over the UK Gov website a number of times to try to make sure that I apply for the correct visa--I just want to make sure that I am picking the right one.

A bit of background: My husband is a UK citizen.
We originally went through me relocating to the UK from the US in 2006.

These are the dates:
Fiancee visa back in July 2006.
Limited Leave to Remain in December 2006
Indefinite Leave to Remain 2008
(hindsight being a wonderful thing I should have applied for citizenship.)

In 2010 we moved back to the US.
Right before Covid hit he told me he wanted to move back to the UK and we started looking into it. Now, We sold our house in 2022 and he's in the UK trying to get a house fixed up etc.

I'm assuming that I need to start the process over again from scratch (well, not the marriage part LOL). But at least the whole applications, etc.
So am I correct in thinking that I should apply for a Family Visa (as a spouse/partner)?

I'm sorry in advance for how flakey this post sounds. I'm super stressed about this and am shaking with anxiety. :-[ (The last time I did this stuff there wasn't a VFSglobal aspect to it either.



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Re: Beginning Again: Family/Spousal Visa?
« Reply #1 on: April 23, 2023, 04:34:11 PM »
Hello folks!
I'm Erica. :D

I've gone over the UK Gov website a number of times to try to make sure that I apply for the correct visa--I just want to make sure that I am picking the right one.

A bit of background: My husband is a UK citizen.
We originally went through me relocating to the UK from the US in 2006.

These are the dates:
Fiancee visa back in July 2006.
Limited Leave to Remain in December 2006
Indefinite Leave to Remain 2008
(hindsight being a wonderful thing I should have applied for citizenship.)

In 2010 we moved back to the US.
Right before Covid hit he told me he wanted to move back to the UK and we started looking into it. Now, We sold our house in 2022 and he's in the UK trying to get a house fixed up etc.

I'm assuming that I need to start the process over again from scratch (well, not the marriage part LOL). But at least the whole applications, etc.
So am I correct in thinking that I should apply for a Family Visa (as a spouse/partner)?

I'm sorry in advance for how flakey this post sounds. I'm super stressed about this and am shaking with anxiety. :-[ (The last time I did this stuff there wasn't a VFSglobal aspect to it either.

Yes, we warn people all the time that this can happen if they don't get citizenship. It's so unfortunate.
There is a returning resident visa but they are very rarely approved even when people have had much more significant lengths of time in the UK.

That leaves you with starting again with a spouse visa. You have to apply from the US.

https://www.gov.uk/uk-family-visa

Don't be scared though, we can help you through it. But it's a lot more involved than when you first did it.


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Re: Beginning Again: Family/Spousal Visa?
« Reply #2 on: April 23, 2023, 05:05:42 PM »
Thank you!

I did see the returning resident visa but I thought that other than my husband I don't have any strong links in the UK--so yes, I thought that the Family visa was probably the correct way to go. ;)


That leaves you with starting again with a spouse visa. You have to apply from the US.

https://www.gov.uk/uk-family-visa
Yes, and that's where I am. It's funny that my husband and I started as a long-distance relationship and have come full circle to that circumstance again! *smh* Life's funny that way.



Don't be scared though, we can help you through it. But it's a lot more involved than when you first did it.


I'm absolutely witless at the thought of it! Thank you so much for the encouragement!  :) :)


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Re: Beginning Again: Family/Spousal Visa?
« Reply #3 on: April 23, 2023, 08:41:30 PM »
Thank you!

I did see the returning resident visa but I thought that other than my husband I don't have any strong links in the UK--so yes, I thought that the Family visa was probably the correct way to go. ;)
Yes, and that's where I am. It's funny that my husband and I started as a long-distance relationship and have come full circle to that circumstance again! *smh* Life's funny that way.


I'm absolutely witless at the thought of it! Thank you so much for the encouragement!  :) :)

While you are apart, be aware that you'll be expected to provide evidence of how you keep in touch, it's part of proving that yours is a genuine relationship.

I'm sure you'll have seen these already.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

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


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Re: Beginning Again: Family/Spousal Visa?
« Reply #4 on: April 23, 2023, 09:35:36 PM »
While you are apart, be aware that you'll be expected to provide evidence of how you keep in touch, it's part of proving that yours is a genuine relationship.
Right now we're mostly calling through an app.
What is the recommended --err--method of proving we're in touch? Email? (actual written and mailed letters?)


I'm sure you'll have seen these already.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039148/1.7_-_Financial_requirement.pdf

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence
I have but I was having a difficult time finding them again so this is very helpful!
I'm having a difficult time wrapping my head around what they mean in particular with regard to Cash Savings (section 11). I thought it read that the money should be sitting in the account for at least 6 months before making the application for the visa? (But reading section 11 I am stuck on this paragraph as I read it as saying we had to apply before 6 months?)
"11A(a).
    (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."

We sold our house at the end of Nov 2022, and the money had been sitting in my bank since then.

(I'm very sorry for asking so many questions! This process is only beginning and I'm afraid all the information is falling out of my head!)

I


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Re: Beginning Again: Family/Spousal Visa?
« Reply #5 on: April 24, 2023, 06:32:32 AM »
Right now we're mostly calling through an app.
What is the recommended --err--method of proving we're in touch? Email? (actual written and mailed letters?)

I have but I was having a difficult time finding them again so this is very helpful!
I'm having a difficult time wrapping my head around what they mean in particular with regard to Cash Savings (section 11). I thought it read that the money should be sitting in the account for at least 6 months before making the application for the visa? (But reading section 11 I am stuck on this paragraph as I read it as saying we had to apply before 6 months?)
"11A(a).
    (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."

We sold our house at the end of Nov 2022, and the money had been sitting in my bank since then.

(I'm very sorry for asking so many questions! This process is only beginning and I'm afraid all the information is falling out of my head!)

I

You can use any method you want but you would have to be able to take screenshots of the calls to each other.

Savings is the easiest method and the money has to have been in your bank account (or his or yours jointly) for at least 6 months, with the exception being if the money comes from the sale of a house you have owned for enough time to make up the full 6 months, when it can have been in the bank for less than 6 months.
But that doesn't mean you have to apply before 6 months, it just means you can if you want to because they are counting the ownership period as well as the time the money has been in the bank, towards the mandatory 6 month period.

In your case, because you are so close to the 6 months now, and are still doing your research, you should wait until the money has been in the bank the whole time, it's much simpler to prove.

Ask away. Between us we should be able to answer all of your questions and if there is anything we can't handle, we can recommend a visa service to help.


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Re: Beginning Again: Family/Spousal Visa?
« Reply #6 on: April 24, 2023, 01:09:55 PM »

I'm absolutely witless at the thought of it! Thank you so much for the encouragement!  :) :)

My wife's spousal visa was approved last week and the process was not as daunting as I feared thanks largely to the great advice I received on this forum. It was also about a month quicker than I expected. Feel free to PM me about it if you would like. Here was our timeline.

Spousal Visa application made 18 February 2023
Biometrics: 28 February 2023
Visa Approved: 18 April 2023


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Re: Beginning Again: Family/Spousal Visa?
« Reply #7 on: April 26, 2023, 12:10:50 AM »
My wife's spousal visa was approved last week and the process was not as daunting as I feared thanks largely to the great advice I received on this forum. It was also about a month quicker than I expected. Feel free to PM me about it if you would like. Here was our timeline.

Spousal Visa application made 18 February 2023
Biometrics: 28 February 2023
Visa Approved: 18 April 2023
Thank you for the feedback! It's encouraging to hear and I will very probably end up messaging you as I progress through this!
Do you mind me asking what did you find to be the most difficult and/or stressful part of the process?


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Re: Beginning Again: Family/Spousal Visa?
« Reply #8 on: April 26, 2023, 08:57:18 AM »
Do you mind me asking what did you find to be the most difficult and/or stressful part of the process?

Thankfully, none of it was particularly stressful. Collating the required evidence of our relationship was quite time consuming as we have been in a long-distance relationship for 12 years, but it was a straightforward excercise once I appreciated what was required. The advice on this forum was very helpful as there is no Home Office guidance as to what you need to provide to evidence your relationship.

Over those 12 years my partner had twice visited the accident and emergency department at hospital and whilst I was not concerned that this would be a reason to refuse the visa, I thought it might slow the approval process down if they wanted to make enquiries of  the hospitals.  That turned out not to be the case.


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Re: Beginning Again: Family/Spousal Visa?
« Reply #9 on: April 26, 2023, 09:47:40 AM »
For me the most stressful part was waiting for the result.
Beforehand, doing the research and pulling the documents together was a really all-consuming time, I was just concentrating on getting every little thing right and that kept me very busy. But once the application was in, there was nothing to do but worry... well, that and organize an international move.  ;D


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Re: Beginning Again: Family/Spousal Visa?
« Reply #10 on: May 03, 2023, 02:52:05 PM »
Thank you both for taking the time to share with me!  :) :)
I know I'm far from the only person doing this kind of thing but it's still stressful. It helps so much to know I have someplace to go to talk about this stuff!


But once the application was in, there was nothing to do but worry... well, that and organize an international move.  ;D
About the international move--have eitehr of you had any experience with getting cats over to the UK? The last time I did this I arranged it all myself but now it seems I have to find an agent to handle the cats transportation to the airline etc?


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Re: Beginning Again: Family/Spousal Visa?
« Reply #11 on: May 03, 2023, 03:34:03 PM »

About the international move--have eitehr of you had any experience with getting cats over to the UK? The last time I did this I arranged it all myself but now it seems I have to find an agent to handle the cats transportation to the airline etc?

I did move two cats and did it myself but I'm hopelessly out of touch now.

I'd give Heathrow Animal Reception Centre, or the one you'll be flying into a call and see if they'll give you a quick rundown.

You can also ask here.  https://talk.uk-yankee.com/index.php?board=60.0


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Re: Beginning Again: Family/Spousal Visa?
« Reply #12 on: June 17, 2023, 01:29:09 AM »
Hi again!
Sorry to ask what is probably a stupid question: but when I'm applying for a spousal visa is that considered a settlement visa?

I've been trying to make sense of the stuff on the VFS site (and trying to figure out what "package" I'm going to have to get and I'm feeling kind of stymied at the moment...) since the packages seem to stipulate that you need to know (and ok, I'm also stressing so much over all of this that I keep having to walk away from the computer because I'm getting overwhelmed just looking at it :0
Any help / pointers in the right direction would be great!
e


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Re: Beginning Again: Family/Spousal Visa?
« Reply #13 on: June 17, 2023, 07:08:41 AM »
Hi again!
Sorry to ask what is probably a stupid question: but when I'm applying for a spousal visa is that considered a settlement visa?

I've been trying to make sense of the stuff on the VFS site (and trying to figure out what "package" I'm going to have to get and I'm feeling kind of stymied at the moment...) since the packages seem to stipulate that you need to know (and ok, I'm also stressing so much over all of this that I keep having to walk away from the computer because I'm getting overwhelmed just looking at it :0
Any help / pointers in the right direction would be great!
e

Yes, well spotted.. It's a settlement visa and that's important because many of the cheaper options are not applicable to the partner visas.


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Re: Beginning Again: Family/Spousal Visa?
« Reply #14 on: June 21, 2023, 11:58:03 PM »
 :D Thanks so much for giving me the clarification I needed!!!


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