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Topic: A few clarifications on my spousal visa application  (Read 1968 times)

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A few clarifications on my spousal visa application
« on: July 21, 2015, 03:18:18 AM »
I've gone all the way through now and I have several questions:

1: We leave to drive to New York around the 18th of November. Our Ship leaves on November 25th.  When exactly should I send this application? We are supposed to send it within three months of the leaving date correct?

2: On the questions "does spouse live with you" and the corresponding question on sponsor page as he is also my sponsor "does sponsor live with you"...currently yes but he will be living in the UK as of the 15th or 16th of August.  Not sure how to answer these. While we do know where we're going to be living in Scotland he's not there yet an doesn't have a phone/contact # there.

3: Our house is under contract and we are working on repairs to seal the deal.  So, on address info, again, I live here now but while the application will be in process I will no longer live here (likely) but I've/we've been here 9 years.  And I will be moving to a temporary residence for three months. Not sure how to handle this one either.  If we file application around the 14th of August I will be in new place 1 day!  (Closing is tentatively scheduled for August 14th and husband will leave next day for Scotland)

4: I found out today I will need to leave my job of as September 4th in order to cash out my retirement and I have to be in the country to receive the check. I can't apply for it until 45 days after termination of employment. This was a shock to me but I'm ok with it. Believe me cashing it out is the best thing. I've only been there 8 years and work for state government, our pensions are in jeopardy and mine won't be worth much when I retire anyway...so definitely the only way to go, however now I don't know how to answer this on the application! Again, I am currently working but won't be while app is in process, what to do?

5: Husband's passport will expire while the application is in process and he will have to renew to come back and travel over with me in November.  Will this matter?

Ok, long list I know.  I appreciate any guidance on this! Thanks in advance


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Re: A few clarifications on my spousal visa application
« Reply #1 on: July 21, 2015, 07:27:03 AM »
1: We leave to drive to New York around the 18th of November. Our Ship leaves on November 25th.  When exactly should I send this application? We are supposed to send it within three months of the leaving date correct?

If you're not leaving until late November, the absolute earliest you can submit the online application is August 25th (the travel date you put on the applciation form cannot be later than 3 months ahead of the date you submit it).

Honestly, I might submit the application somewhere around late September or early October. By that point the busy summer months should be over, and hopefully the processing times will be back to 'normal' (which is less than a week for priority and within 2-3 weeks for non-priority).

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2: On the questions "does spouse live with you" and the corresponding question on sponsor page as he is also my sponsor "does sponsor live with you"...currently yes but he will be living in the UK as of the 15th or 16th of August.  Not sure how to answer these. While we do know where we're going to be living in Scotland he's not there yet an doesn't have a phone/contact # there.

You write where he is living on the date that you submit the online application (you can always give an explanation in a cover letter/in the additional information to say that you have been living together but he has moved to the UK ahead of you).

As you cannot submit it until at least late August, he will already be living in the UK by that point and will hopefully have a contact number in the UK

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3: Our house is under contract and we are working on repairs to seal the deal.  So, on address info, again, I live here now but while the application will be in process I will no longer live here (likely) but I've/we've been here 9 years.  And I will be moving to a temporary residence for three months. Not sure how to handle this one either.  If we file application around the 14th of August I will be in new place 1 day!  (Closing is tentatively scheduled for August 14th and husband will leave next day for Scotland)

You put the address where you are living on the day you submit the application - the address you use need to be the address where you will physically be living so they can mail the application back to you at that address. There's no point putting an address that you are no longer living in when you apply.

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4: I found out today I will need to leave my job of as September 4th in order to cash out my retirement and I have to be in the country to receive the check. I can't apply for it until 45 days after termination of employment. This was a shock to me but I'm ok with it. Believe me cashing it out is the best thing. I've only been there 8 years and work for state government, our pensions are in jeopardy and mine won't be worth much when I retire anyway...so definitely the only way to go, however now I don't know how to answer this on the application! Again, I am currently working but won't be while app is in process, what to do?

Again, you put your employment status on the date that you submit the online application. So whatever is the truth on that day in August/Sept/Oct that you press 'send'. It doesn't matter if you are employed or not when you apply because it's your husband's income that counts.

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5: Husband's passport will expire while the application is in process and he will have to renew to come back and travel over with me in November.  Will this matter?

It depends when you apply for the visa. Can he not renew it now, before you apply? He can apply to renew it up to 9 months before it expires and they will just add the remaining time on his current passport to the new one. That way he won't need to worry about the timing of renewing it in the middle of the application process (also, when you send his passport information it will be up to date with a brand new passport valid for another 10 years)

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Ok, long list I know.  I appreciate any guidance on this! Thanks in advance

In short, don't fill out the application until right before you are ready to apply (late August onwards) and only include the details that are true on that date.

A lot of the questions you are asking now are about things that are going to be irrelevant by the time you actually fill out the forms because your answers will be different when you apply than they are now, so there's no need to worry about putting the current details (address, living together, your employment) on the application.


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Re: A few clarifications on my spousal visa application
« Reply #2 on: July 21, 2015, 02:40:15 PM »
Thanks ksand! It's just want so much to get that part over with.  But wait I suppose I will.  I haven't yet looked at the specifics on what my husband needs to supply but I understand bank statements are necessary and a particular number depending on your situation.  Do they have to be right up to the minute of the application or just six from the year you are applying in?  Again we have weird circumstances.  My husband also cashed out his 401k here (he has a good pension on the UK) and in order to get it he got all his summer pay at once so he could sever his employment with his previous school.  And he gave me that money to use to work on our house, so his statements might not look so good.


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Re: A few clarifications on my spousal visa application
« Reply #3 on: July 21, 2015, 02:58:07 PM »
Bank statements need to be dated no more than 28 days prior to the application date.  So if you apply August 1st, you would need to cover the time period up until July 3rd.


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Re: A few clarifications on my spousal visa application
« Reply #4 on: July 21, 2015, 03:09:57 PM »
Bank statements need to be dated no more than 28 days prior to the application date.  So if you apply August 1st, you would need to cover the time period up until July 3rd.

Ok, so of course his statments have been electronic only so can he go and get that taken care of at the bank (getting the copies and signed) before he leaves and should he also include his statements once he begins to get them in Scotland or or just US ones? I think by the time the application goes in he will have had one statement.


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Re: A few clarifications on my spousal visa application
« Reply #5 on: July 21, 2015, 03:20:28 PM »
Depends...  what category are you using to meet the financial requirements?


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Re: A few clarifications on my spousal visa application
« Reply #6 on: July 23, 2015, 03:26:54 PM »
Depends...  what category are you using to meet the financial requirements?

He is starting his job in Scotland on August 18th, so based on his employment.

Also, another question.  I ready somewhere in the documents a few months ago that I would need a letter from my employer ( I never understood what that was in regard to) but I cannot find any information on the application that I have to supply supporting documentation which is where I'd think I'd find that.  I need to get that done (if I need to) asap because as I mentioned I work for State Govt and NOTHING happens fast.  I spoke with my manager today about my end date and she said she'd need to know about this letter ASAP because it would have to go to "the cabinet" for approval. 


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Re: A few clarifications on my spousal visa application
« Reply #7 on: July 23, 2015, 03:35:35 PM »
He is starting his job in Scotland on August 18th, so based on his employment.

Also, another question.  I ready somewhere in the documents a few months ago that I would need a letter from my employer ( I never understood what that was in regard to) but I cannot find any information on the application that I have to supply supporting documentation which is where I'd think I'd find that.  I need to get that done (if I need to) asap because as I mentioned I work for State Govt and NOTHING happens fast.  I spoke with my manager today about my end date and she said she'd need to know about this letter ASAP because it would have to go to "the cabinet" for approval.

He needs a letter, you don't.   :)   Your income doesn't count, so you don't need anything from your side.

He'll need to include 12 months worth of bank statements going back from your application date.  They need to be for the bank account(s) that reflect his pay from his former employer in the US and his new employer in the UK.  That's all the need.  No other accounts.


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Re: A few clarifications on my spousal visa application
« Reply #8 on: July 23, 2015, 04:05:37 PM »
I guess you deleted your most recent post, but to clarify anyway (since I was already replying to it), all the bank statement parts are detailed in these documents:

Annex FM 1.7 Financial Requirement: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420154/Appendix_FM_Annex_1_7_Financial_Requirement.pdf

Appendix FM-SE: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420531/20150406_immigration_rules_appendix_fm_se_final.pdf

The official requirement from these documents:
Quote

2. In respect of salaried employment in the UK (except where paragraph 9 applies1), all of the following evidence must be provided:

(a) Payslips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);
or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application;
and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

(d) Where the person is a director of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.

In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.


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Re: A few clarifications on my spousal visa application
« Reply #9 on: July 23, 2015, 04:14:31 PM »
Yeah I deleted it because I was able to find some information and thought it was silly to post when I found it but it just confused me, because it keeps saying it's what I need to provide.  <sigh> I'm sorry, I know this is annoying, it's annoying me!


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Re: A few clarifications on my spousal visa application
« Reply #10 on: July 23, 2015, 04:29:26 PM »
Yeah I deleted it because I was able to find some information and thought it was silly to post when I found it but it just confused me, because it keeps saying it's what I need to provide.  <sigh> I'm sorry, I know this is annoying, it's annoying me!

I saw what you posted before you deleted it - can I ask where you found it? As far as I know, it's not part of the main webpages for applying for the spousal visa and seems a bit outdated/not completely relevant to you.

The text you posted did mention the financial aspect, just in a roundabout way. It talked about the sponsor showing they needed to prove they could 'maintain the applicant without accessing public funds'... which means they have to meet the financial requirement and provide evidence of it, though this is actually not quite what the requirement is anymore.

Only people who are exempt from meeting the financial requirement have to simply show they can 'maintain the applicant without accessing public funds'.

Everyone else has to meet the requirements of the new categories of financial requirements and send the exact documents listed in Annex FM 1.7 and Appendix FM-SE for their category.

If your husband is only just starting his UK job, he will need to apply under Category B, which has two requirements:

1) He has a UK job that pays at least £18,600, but he has been working there less than 6 months
AND
2) He has earned at least £18,600 in the previous 12 months before applying for the visa.

He shows 1) using his job contract, letter from employer and any bank statements and payslips he has received since starting the job and he shows 2) by including ALL payslips and bank statements from the previous 12 months.

If even one payslip or bank statement is missing, it's an automatic visa refusal.


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Re: A few clarifications on my spousal visa application
« Reply #11 on: July 23, 2015, 04:43:20 PM »
I got it from a link on the https://www.visa4uk.fco.gov.uk/User/Home and just went and searched for  Financial requirements.

https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Now I can't find the form I printed out, it doesn't have a form number just says "Financial Requirement" and has in the bottom right corner VER.0909/12


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Re: A few clarifications on my spousal visa application
« Reply #12 on: July 23, 2015, 05:09:53 PM »
I got it from a link on the https://www.visa4uk.fco.gov.uk/User/Home and just went and searched for  Financial requirements.

Ah, okay - that site is just the web portal for filling out and submitting the online application. I've only ever seen FAQs about how to apply online and I can't see any links on it (though maybe I would need to register to see any).

From the looks of what you posted, the financial requirements advice you found is 3 years out of date, since it looks like it is for applications submitted before July 2012. The accommodation information hasn't changed, but the financial side of things is completely different now.

Quote
https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

The VAF4a form is the paper version of the online application and should only be used for reference (the online form is slightly different) and is only accepted in North Korea. It's also a generic form and does not contain any questions specific to a spousal visa.

The financial requirement, accommodation and relationship questions are on the VAF4a Appendix 2 form, which you are required to print and fill out.

The link below that is for the supporting documents for the visa and it clearly lists bank statements (though not the specifics for each category of financial requirement).

Quote
Now I can't find the form I printed out, it doesn't have a form number just says "Financial Requirement" and has in the bottom right corner VER.0909/12

As far as I can tell, that form no longer exists - at least I can't find anything like it anywhere online.

If I had to guess, I would say that the form was from 2012, since most of the UKVI version numbers are written in the following format: 04/15 (April 2015), but without seeing it, I couldn't tell you.


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Re: A few clarifications on my spousal visa application
« Reply #13 on: July 23, 2015, 05:36:08 PM »
Ah, okay - that site is just the web portal for filling out and submitting the online application. I've only ever seen FAQs about how to apply online and I can't see any links on it (though maybe I would need to register to see any).

From the looks of what you posted, the financial requirements advice you found is 3 years out of date, since it looks like it is for applications submitted before July 2012. The accommodation information hasn't changed, but the financial side of things is completely different now.

The VAF4a form is the paper version of the online application and should only be used for reference (the online form is slightly different) and is only accepted in North Korea. It's also a generic form and does not contain any questions specific to a spousal visa.

The financial requirement, accommodation and relationship questions are on the VAF4a Appendix 2 form, which you are required to print and fill out.

The link below that is for the supporting documents for the visa and it clearly lists bank statements (though not the specifics for each category of financial requirement).

As far as I can tell, that form no longer exists - at least I can't find anything like it anywhere online.

If I had to guess, I would say that the form was from 2012, since most of the UKVI version numbers are written in the following format: 04/15 (April 2015), but without seeing it, I couldn't tell you.

You are a life saver! And yes, I gathered the same, working for a gov't agency that's what those numbers mean on our forms as well (last date they were updated though there is usually a form number too)

So, if I've filled out my online portion and hubby does VAF4a Appendix 2 form and we include the list of required documents are we on the right track? 

And don't shoot me, but, you know being anal and a type A Virgo, it occurred to me that even though it doesn't ask for it specifically. I was married and divorced before I married my current husband. Do I need proof of that or since I am legally married to my husband is that good enough?


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Re: A few clarifications on my spousal visa application
« Reply #14 on: July 23, 2015, 05:47:01 PM »
Yes, you need your divorce decree.  For every. single. form. you ever fill out in the UK.  You will be SO SICK of filling in your ex-husband's info by the time your application for citizenship is able to be filed.  Trust me. 


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