More Q's on Settlement Visa Process

Hi everyone, I'm reading through info on how to apply for a spousal visa. For background references, I'm a USC and my OH is a dual BC/USC. We have been married for 5+ years and living in the US during this time. My husband and I went through the entire US immigration from Fiancee visa to naturalization on our own, so I'm pretty familiar with US immigration stuff. I hope some of that knowledge will be applicable to UK immigration laws. From what I've read so far, I know I'm eligible for ILE, but I don't think I'll be able to get to the UK to take the KOL test before we are ready to move. So it looks like I'll be applying for the spousal visa, then soon after getting there I'll take the KOL and apply for ILR.

I have a few questions, though that I hope some of you can give some further clarification on:

1) Does my husband have to return to the UK and acquire employment before he can be my sponsor? He is an IT Systems/Software Developer and I am an Industrial Engineer. Will both of us being 'professionals' go in our favor due to us having a high chance of employability, and therefore we could come over together even though we would be unemployed? If he does have to return to the UK first, how long does he need to be in his new job before he is eligible to sponsor me? Can we use assets, such as savings, to waive the need for employment? I'm sure you all understand that we're trying to figure out how to reduce the time apart as much as possible.

2) My name on my passport still shows my maiden and I just had it amended on the last page to show my new married name. To save any confusion, should I just get a new passport with my married name on the picture page?

3) Do we really need to provide some kind of letter from my husband showing that he is 'inviting' me to live in the UK with him? I mean, after 5+ years of marriage, it's pretty obvious I'll be joining him. Do I really need to provide a letter stating I intend to join him? It seems sort of like an insult - of course we plan to live together. If we have to provide the letters, can any of you provide a sample of what these letters need to say?

4) What kind of supporting documents do we need? I've read that we needs bills and other correspondance. Most of the bills are in one of our names or the other. Most of our bills are all e-statments that we could print off the 'net, so how do we certify these bills? Surely a notary wouldn't be willing as he/she wouldn't be able to guarentee their authenticity? How many years worth of these bills do we need to provide? We have moved 5 times in 5 years (sometimes to diff states), and many bills over the years I have not kept. Can these bills simply be from the most recent year or so, or do I have to try to go all the way back to when we got married in '04? Do we need to show bills and/or correspondance from every address that we have lived at?

5) We've filed joint taxes every year. We file electronically. Do we need to provide the acutal 1040's and W-2s/1099s, or can we simply get the free IRS tax transcripts? If we have to send W-2s and 1099s, do these have to be originals or can they be copies? USCIS does not return originals, and I have no idea if the UKBA does. Obviously we absolutely do not want to lose W2s and tax forms.

6) Talk to me about bank statements. Are they wanting Checking and Savings? We bank at a Credit Union, so we don't technically have a Checking or Savings - they are called Shares and Share Draft. Is this likely to cause confusion? How many months of statements are required? What are they really looking for on these statements? The average balance, types of expenditures, how much is deposited? I don't like letting anyone see our expenditures (it's not any of their business), but I don't have a problem with a letter from the bank that details the average monthly deposits and average daily balances. If they absolutely have to see daily transactions, can I black out the transaction name/description and leave the transaction amount for them to see?

7) I have a lot of questions on the actual VAF4A application. Is there a source here (like a wiki) or some threads that could help me to fill it out?

Also one other question I just thought of. Will the UK require a medical history on me? I have a chronic auto-immune condition (not HIV/AIDS), and I'd hate that I couldn't move there because of it.

Thanks everyone for any help!!
~Jamie

1.  No, he does not.  It is possible to get a settlement visa even if you are both unemployed when you move to the UK. You should both show your employment in the form of your CVs and some available positions in your field(s) in your future area of the UK. You also HAVE to show that you can support yourselves (usually reyling on savings) until you become employed in the UK

2. This wont cause you any trouble.  You will need to show your marriage certificate, of course, which will explain the name change.

3. Yes, you do have to have a letter from the sponsor.  Don't look at it as insulting, its required for everyone.  Take a look here for a sample letter: http://www.londonelegance.com/transpondia/usuk/spousal.pdf

4.Take a look around this site (same as the one above) for a list of supporting documents: http://londonelegance.com/transpondia/spouse/.   You will need to provide bills since in your case you have to prove that you have lived together for a certain period of time for the KOL REQ designation.   Hopefully someone else can comment on the need for certification of these documents.

5. I am not sure about this

6. Sorry, but as far as I know, you have to disclose your expenses in the form of your bank statements.  They want to see the normal expenses that you have to see how many of those will carry over the UK. (all in an effort to determine that you will no need to rely on public funds to support yourselves in the UK). Maybe someone else knows more about what must be on the statement and what can be blocked.

7.  When you do the form online, each question has a little question mark next to it which will explain the question further.

No medical history is require for the visa process.

I just wrote a whole huge response that mysteriously disappeared, and I can't be bothered to rewrite it, so I will just address those of your questions that worry me.

3.  Yes, of course you need to provide a letter.  The ECO has no clue about the state of your marriage, and its length alone does not guarantee that your husband wants you to accompany him to the UK.  It is not a letter of "invitation" but rather one of support for your application.  Thinking of it as an insult is entirely the wrong attidude to have.  If you don't include this letter, your application will be refused.  Full stop.  

6.  My guess is that if you black out the transactions, the ECO will suspect that you have something to hide, perhaps illegal activity.  I don't know if they can refuse your application because of that, but I can't help wondering why you're so sensitive about it.  Everyone who applies for a visa needs to supply bank statements, so your transactions aren't likely to be anything the ECO doesn't see every single day.  It's unlikely that they'll look very closely, but if you black out the transactions then it will just draw negative attention to your application.

1. No...however if you do not have a substantial savings in order to show the ECO that you can live without a source of income you might have a problem.

2. It really doesn't matter. If your passport has been officially amended to show your married name your visa will be issued in your married name. You may want to consider renewing it if it is going to expire in the next 3 years (before you become eligible for naturalization under the CURRENT rules) so it will keep you from having to carry around 2 passports or having to pay the visa transfer fee (£165 currently). You also need to have a MINUMUM of 6 months validity in order for the visa to be issued.

3. Your husband must provide a sponsor letter stating that he approves of your application. It will also need to provide a short synopsis of your relationship. This will help support your request for the 'KOL Req' Stamp which allows you to immediately convert your temporary visa to Indefinite Leave to Remain after your pass the Knowledge of Life in the UK test. Very crucial since the immigration rules are in the process of changing.

4. & 5. Try this for necessary documents: www.londonelegance.com/transpondia/spouse/. The main thing to add is your Joint Federal Tax Returns for a minimum of 4 years to prove that you've been married and living together outside of the UK for 4 years to qualify for the 'KOL Req' Stamp. You'll need the actual documents that you should have printed off with the filing confirmation from IRS or whichever program that you used.

6. Credit union accounts are fine...they're familiar with the 'Drafts' and 'Shares' and they never questioned mine. You will need the actual statements with all the details. They like to see that you are living within your means and can meet your needs without the need for public funds. It is their business as you're asking for the permission to live in their country. You need a minimum of 3 months worth of statements and some recommend 6 months worth.

7. You don't actually apply with the VAF4A application, it is just a guide for those in the US as all US applications are done online and the questions are slightly different.

There is no heath exam for a UK visa. However if you exhibit symptoms of illness upon landing you may be required to be examined by the Health Officer at the airport, but I've not heard of this actually happening to anyone.

x-posted with mirrajay & historyenne

I have nothing to hide on the bank statements. I'm just a very private kind of person. I don't see how it's any of their concern how often we eat out, how much we spend on groceries, or who we pay money to every month. I just find it intrusive to certain extent. I don't mind showing the actual daily transactions (so they see the running balances), but I don't see why they need to know where we spent that money and hence my suggestion of blacking out the transactional description. We didn't even have to show this type of info to bring my OH to the US. The US was only interested in average daily balances and average monthly deposits. But I understand that despite my balking at providing the info, I really have no choice in the matter if we are really going to move there.

I've been reading more of the stuff about the VAF4a guidance info and have fewer questions. It does seem vastly different from what we had to answer for US immigration purposes, as it seems A LOT more personal and subjective. Guess I'll just have to get used to this new process, and quit comparing to USCIS  

I'm glad to hear I won't be banned due to my pre-existing neurological condition. Thanks for the other info everyone! I was just reading that Transpondia link (why couldn't I find that when I searched on google??) and will start taking some notes on stuff.

I just find it intrusive to certain extent.

It's intrusive to a very great extent, but if you want to live in the UK, that's what you have to accept and be prepared to deal with.  You'll have to supply bank statements for your ILR as well.  Them's the rules, for everyone.     

1. No...however if you do not have a substantial savings in order to show the ECO that you can live without a source of income you might have a problem.

WebyJ, what would be considered a substantial amount of savings? I haven't found a guideline stating this, so if you could point in that direction, I would appreciate it. At this time, I think we'll have about $35k saved before we moved. Would that be considered substantial?

WebyJ, what would be considered a substantial amount of savings? I haven't found a guideline stating this, so if you could point in that direction, I would appreciate it. At this time, I think we'll have about $35k saved before we moved. Would that be considered substantial?

I would personally consider $35K substantial that translates to about £20,000 I guess what you have to ask yourself is how far would that get you without a source of income. There is no 'magic number' that says anything above this and you'll be fine. It is at the discretion of the ECO. And it all depends on what your family composition is like and what your expenses are like. If you have children that adds a completely different set of circumstances that need to be addressed.

You might want to check out this: http://www.ukvisas.gov.uk/en/ecg/maintenanceaccommodation

and this:
http://www.ukvisas.gov.uk/en/ecg/settlement/spouses.

ETA: I am not a professional immigration adviser and my opinion is that, my own opinion.

Another question on banks statements: What would constitute "large deposits with no evidence of normal transactions"? It is highly probable that after I've quit my job, and before we move, I'll go ahead and take the cash payout from my 401k. That could be around $8k to $10k depending on how the market does in the next year or so. Is that something that I would have to explain, as it wouldn't be directly deposited in our account - it would be a physical check they would send and then I deposit.  By the time I cash it out, I likely would have the spousal visa in hand (I wouldn't quit my job w/out it) and it wouldn't pose a prob with that application, but I assume it would have to be explained with the ILR application since I'll be filing that within a few months of entering the UK?

EDIT: Oh, and I was just thinking. I don't think we actually have the email confirmations showing our Fed tax returns were accepted every year for the past 4 years. I just never bothered keeping them.   We've always filed with TurboTax, so would they keep a record of those I wonder? Will this be a huge hassle if we don't have them?

Yes, it will need to be explained, but this will be quite easy as I assume they will send you something in the mail when you cash out the account.