[Merged]: Assorted ilak Questions

Hi,

I am an American applying for a UK Spouse Visa. My husband is British living in UK while I have returned to USA to apply for this visa. We been married nearly 5 years. I have everything together for my application. Pretty strong evidence in regards to marriage, relationship, accomodation, ect. Only problem I am having is with Finances.

My husband is working full-time, earning good income, and paying his ways without public funds/benefits. He has just started this new job recently. Only has been about less then 2 months. Because of this, he hasnt recieved any kind of tax documents yet or payslips. He's payed cash in hand. If he gets a letter from his accountant confirming job, start date, salary, position, and included will also be all his manager's tax information, i.e. VAT number, ect. will this be sufficient enough?

I am really lost in this situation and need some good advice. Anyone been in a weak financial position like me before?

My husband does not have any savings either, so thats another downside although I was told from New York Consulate it won't be a problem as long as he can show income proof. From what he earns, he pays rent 500 pounds monthly, water/electric every 3 months, and for all other living costs. We can provide a budget and payed bills statements showing where the money goes and that we have 100.95 left over per week.

I feel really confident in my case because evidence of everything else is so strong but proving income proof is letting me down and I will not submit my application until I feel confident.

This website is great and everyone seems really helpful...

I would appreciate any help regarding my situation...

Thanks guys

Hi,

Would an overstay affect a UK Spouse Visa application? Been married nearly 5 years to a british citizen and I am american. I overstayed previously back in 2004 while in a visiting visa for 6 months. I returned home voluntarily and am now applying for my Spouse Visa as told to by Immigration Officer in order to return to UK for settlement with my husband. Anyone know if this will affect my application at all?

I was not doing anything illegal during this overstay. I actually had a lawyer who was trying to get my settlement while in the UK but it did not work out in the end.

Thanks for any help...

x

It's unlikely that an overstay will prevent you from getting a spousal visa.  However, it may delay the processing of your application since they will have to investigate.  Be sure to disclose everything when you apply. 

Hi Historyenne, thanks for you quick reply!

I will be honest about everything regarding my overstay in my application. One question if you don't mind, do you think it's a good idea to include an Overstay Apology Letter? And maybe even some details of the lawyer who was dealing with my case at the time. I did ask my lawyer to write a letter confirming this, but he refuses to as he is not my lawyer anymore, and he said overstay will not affect it anyways. Just want to confirm this....

Thanks for any help!

You say he is being paid cash in hand... why is this?  Is he not reporting the income and/or not paying taxes on it?  If so, then that is a much larger problem.
If there is a legimitate reason for him being paid this way, then what he needs is his employer to write a letter confirming the details, not his accountant.

You do not need savings to apply for a visa, and what you were told by the consolate about your budgeting is absolutely accurate.

Hi, Murrajay thanks for your help...

Will the employer letter plus accountant letter suffice?

Or will more evidence be required?

Hi,

Does anyone know if being married over 4 years & having already passed Life in UK Test help with UK Spouse Visa Application? I have lived with my British husband for the most part since being married but this time lived together was in the UK, not outside it.

Do any of these factors come into consideration with the application approval?

Any answers really appreciated. This Website is great! Everyone seems so nice and knowledgable.
 

Overstaying in general should not affect a spousal visa.

However just a clarification, you state you did nothing illegal during the overstay period. By simply being in the country without a valid visa you were in the country illegally. Semantics I know, however the truth.

Check out this page: http://www.londonelegance.com/transpondia/overstay-1.shtml

In your application be completely transparent open and honest. Also include a cover letter explaining the circumstances as well.

If you have been married over 4 years and have already passed the Life in the UK test, you don't need to apply for a spousal visa, you can apply directly for Indefinite Leave to Enter (ILE - UK permanent residence).

If you have not already passed the test, you need to apply for a spousal visa with a KOL (Knowledge of Life in UK test) Required stamp and as soon as you have taken the Life in the UK test once you have arrived in the UK, you can apply for ILR (Indefinite Leave to Remain).

I believe you can only qualify for ILE if the 4 years were spent OUTSIDE the UK.

Echoing what Mirrajay said, you are going to need to clarify why he's getting paid cash in hand and what his tax situation is.  A job that pays in cash and doesn't give payslips sounds a bit dodgy to me, and they are going to want proof of a steady, permanent income.

What visa(s) were you  on whilst living in the UK with your husband?

There is a discrepancy here from consulate to consulate.  The thing to do is to apply for the spousal visa (it's the same form anyway) sending evidence of 4 years cohabitation and the KOL pass, and ask for ILE.  The worst case scenario is that they just give the two year.

Vicky

A simple overstay will usually not affect a spousal visa application, but it can depend on the circumstances and on where you apply.  If you overstayed for several years and avoided immigration control (was an absconder) then it almost certainly will have an effect.  If it was an overstay of under 28 days it will have no effect.

You may want to discuss this with a professional.  These issues are only really suitable for a level 2 OISC advisor, so asking here may not be the best idea.  Each case really is different.

Vicky

Ok, thank you historyenne for your help.