Spouse visa document list - review & questions

We plan to marry in DC in September and submit a spouse visa application right after that. I've read the forms and guidance and tried to understand the immigration rules appendix. I am still left with a few questions about Appendix 2, and supporting documents we will have to supply. I would be ever so grateful if people can review my list and point out any omissions or errors in what I say and am planning.

Appendix 2 income requirement -
I think I can ignore self employed income and other income because my gross salary exceeds the £18600 (although not after child maintenance payments which I understand are disregarded for a UK citizen child).

For question 3.11 (on appendix 2) I am guessing we put current gross annual salary?  But for 3.20 we put the sum of 5x current monthly + 7x previous monthly. (actual gross amount earned in last 12 months) Does that sound right?

I am clear on the 4 areas to cover in the sponsor's letter, but what should the applicant's cover letter include? Or is an apploicant's letter unnecessary?

Here is our prospective document list, with questions in italics as we go along:-

Document List
Cover letter from applicant detailing history of relationship & travel, plans to live together.
Documents contents list
Print off of online application VAF4A
Appendix 2 print off of PFD filled in by hand
Applicant's Current US passport & expired US passport
Applicant's 2 x  Passport photos
Return postage paid info
Payment receipt (visa, priority, nhs)
Biometrics receipt

Financial
Contract of employment
Employers letter confirming gross annual salary, last 12 month’s salary, duration of employment, permanent contract, & job title on headed paper.
6 month’s payslips (most recent  dated within 28 days off application)   
6 month’s bank statements, stamped on each page by the bank, showing above pay
P60 from April 2017

Accommodation
Land registry property register pdf print off
Estate agent property appraisal with confirmation of rooms & measurements (may be helpful to show adequate accommodation as a friend lives with us in a 2 bed house)
Mortgage statement [***must this be dated within 28 days of application?  ***]

Relationship
Sponsor’s letter
2 photos from each of trips together in Feb, Apr, July 2017
Wedding photo
USA Wedding certificate
UK decree absolute
Photo copy of sponsor’s passport UK
Screen shots of What’s app call logs, 2 small photos per month over 10 months, print on 2 pages.
Screen shots of sample what’s app messages (2 small photos per month over 10 months), print on 2 pages.
Email list screen shots (sender/date/ title)  6 sample images over 10 months, print on 2 pages.
E-tickets / confirmation emails of travel to see one another (6 trips)
*** Should we also include any of these:-
?? letter from applicant’s bank confirming change of address to sponsor’s address ??
?? credit card record showing expenditure on foreign trips ??
?? money transfers to one another ??   ***


Thanks to you in advance for your generosity with your time on this.

If relying on salaried employment, the gross amount on ALL SIX payslips MUST be at least £1,550.  Otherwise you need 12 payslips totalling at least £18,600 (gross not net).

Thanks KFDancer, then 6 months' wage slips and bank statements should be fine.

I still have some questions, if anyone can shed some light on these, I would be so appreciative:-


(1)  Firstly, does my document list (in first post) look adequate?

(2)  Do I need to get a very recent mortgage statement (less than 28 days) or will an older one be ok?

(3)  For question 3.11 (on appendix 2) I am guessing we put current gross annual salary?  But for 3.20 we put the sum of 5x current monthly + 7x previous monthly. (actual gross amount earned in last 12 months) Does that sound right?

(4)   Should I get a letter from my friend/lodger who lives in the house, stating she has no objection to my wife living with us too?

(5) What should an applicant's cover letter say? Or is such a letter unnecessary?

(6) On the "any other information" box at the end of the Appendix 2 form, should we just refer them to the sponsors cover letter where all the extra info is typed up?

(7) Should we say we have "lived together"? Some of our trips to visit one another have been up to 2 months and obviously we do live together then. I thought to include a list of dates and durations in the sponsor letter, evidenced by flight reciepts/boarding passes as available.

Thanks in advance for any input you can provide.

1) Will reply in a separate post in a minute

2) I believe mortgage statements are only issued once a year, so you just include the most recent one

3) Yes, I would put your current gross annual salary.
- If you apply under Category A, for which you provide only 6 months of payslips and bank statements (which you can do if your previous salary was at least £18,600), they will only consider the lowest payslip and then multiply it by 12 to get the total salary that counts for the application

- If you apply under Category B, for which you provide 12 months of payslips and bank statements, they will add up all the payslips from the 12 months and make sure they come at least £18,600 before tax

But for 3.20 we put the sum of 5x current monthly + 7x previous monthly. (actual gross amount earned in last 12 months) Does that sound right?

It depends whether you are applying under Category A or Category B. For Cat A, you don't need to answer this question. For Cat B, you do.

- If you have been with the company more than 6 months, and your lowest payslip in the last 6 months has been more than £1,550 before tax, it might be easier to apply under Category A, in which case, you tick 'yes' to 3.12 and skip right to 3.21.

If you apply under Category B, which you only really need to do if your lowest payslip in the last 6 months is LESS than £1,550 before tax, you MUST provide a full 12 months of payslips and bank statements showing a total earnings of £18,600 or more. In this case, you tick 'no' to 3.12 and complete 3.13-3.20

4) You can do - I'm not sure that it is actually required, but it might be a good idea to include it

5) The applicant's letter should just be a contents letter for the package.
So, it should include:
- type of visa applied for
- date you want the visa to start (can be up to 3 months ahead of the online application date). The visa will be valid to enter the UK for only 30 days from this date.
- explanation of anything unusual about the documents in the package, for example, large bank transactions, the reason you can't provide a particular document etc.
- explanation of any non-straightforward circumstances the applicant has, such as criminal convictions, previous refused visas/entries to the UK
- a contents list of all the documents in the package

6) There shouldn't be any need to include additional information... it's usually just used for overflow when you run out of room for answering the other questions.

The sponsor letter should not include anything extra than you have stated on the application form anyway:
- how the sponsor qualifies to sponsor the visa (UK citizenship)
- how they meet the financial requirement (category and employment info)
- where you will live in the UK
- short history of the relationship (1 paragraph only)

7) No, because you were just visiting, not living together. By living together, they mean officially living together in the same property...  so you would have things like tenancy agreements, joint bills, mail addressed to you both at the same address... and doing that is illegal on a visitor visa

I thought to include a list of dates and durations in the sponsor letter, evidenced by flight receipts/boarding passes as available.

Not necessary... the sponsor letter should only include maybe one sentence about your trips to see each other (i.e. X trips to the US, Y trips to the UK over Z period of time), since you're covering your whole relationship in one paragraph.

I think I can ignore self employed income and other income because my gross salary exceeds the £18600 (although not after child maintenance payments which I understand are disregarded for a UK citizen child).

For question 3.11 (on appendix 2) I am guessing we put current gross annual salary?  But for 3.20 we put the sum of 5x current monthly + 7x previous monthly. (actual gross amount earned in last 12 months) Does that sound right?

You need to work out which category you are applying under first.

Category A: with current employer for at least 6 months, earning at least £18,600 for the entire 6 months

Category B: with current employer for less than 6 months OR you have not earned at least £18,600 for a full 6 months yet

If it's category A, you answer the questions as follows:
3.1 - Yes
3.2 - Tick 1st box
3.3 - Tick 1st box (Part 3 A) and Category A
3.4 - Yes
3.5-3.9 - Your employment details
3.11 - Total current income (or previous income if you feel it makes more sense for answering 3.12)
3.12 - Yes
Skip to 3.21
3.21 - Yes
End of section

If it's Category B:
3.1 - Yes
3.2 - Tick 1st box
3.3 - Tick 1st box (Part 3 A) and Category B
3.4 - Yes
3.5-3.9 - Your employment details
3.11 - Total current income
3.12 - No
3.13 - Yes
3.14 - 3.19 - Previous employer/job details
3.20 - Total earned in last 12 months
3.21 - Yes
3.22 - Yes
End of section

In regards to your documents, you don't need the following:
- Cover letter from applicant detailing history of relationship & travel, plans to live together. (this should all be in the sponsor letter, which is mandatory)

- Estate agent property appraisal with confirmation of rooms & measurements (may be helpful to show adequate accommodation as a friend lives with us in a 2 bed house) (not required as you mention this in the sponsor letter)
- 2 photos from each of trips together in Feb, Apr, July 2017 (only send 2 photos in total... one from the wedding and one from another time in the relationship)

*** Should we also include any of these:-
?? letter from applicant’s bank confirming change of address to sponsor’s address ??
?? credit card record showing expenditure on foreign trips ??
?? money transfers to one another ??   ***

No, don't include any of these.

_________________________________________________ ______________________

So, your documents list should look as follows:

Applicant
- Contents letter.
- Print off of online application VAF4A
- Appendix 2 print off of PFD filled in by hand
- Applicant's Current US passport
- expired US passport
- Applicant's 2 x  Passport photos
- Return postage paid info
- Payment receipt (visa, priority, nhs)
- Biometrics receipt

Sponsor
- Certified copy of sponsor's passport photo page
- Letter of support for the visa

Financial
Category A
Mandatory:
- Employers letter confirming gross annual salary, last 6 month’s salary, duration of employment, permanent contract, & job title on headed paper.
- 6 months payslips showing at least £1,550 before tax each month
- 6 months bank statements, stamped on each page by the bank, showing above pay
Optional but recommended:
- Original job contract
- P60 from April 2017

OR

Category B:
Mandatory:
- Employers letter confirming gross annual salary, duration of employment, permanent contract, & job title on headed paper.
- 12 months payslips showing a total of £18,600 before tax
- 12 months bank statements, stamped on each page by the bank, showing above pay
Optional but recommended:
- Original job contract
- P60 from April 2017

Accommodation
- Land registry document
- Mortgage statement

Relationship
- Marriage certificate
- Divorce decree
- 2 photos of you together
- E-tickets / confirmation emails of travel to see one another (6 trips)
- Screen shots of What’s app call logs, 2 small photos per month over 10 months, print on 2 pages.
- Screen shots of sample what’s app messages (2 small photos per month over 10 months), print on 2 pages. (don't include any actual message content)
- Email list screen shots (sender/date/ title)  6 sample images over 10 months, print on 2 pages. (don't include any actual email content)

Thanks for all this info.

Yes, I can rely on Category A, with 6 months evidence, and just multiply the lowest payslip by 12, as that's what they will do to calculate it.

Thanks for the detailed form answers, although I think you mean 3.1 is answer "No" (not exempt from financial requirement). The rest is all clear. Just thought I should clarify in case anyone else reads this for advice in future.

1.19 - having lived together akin to marriage? -
When we first me she was on a student visa from her masters. So should we still say no we never lived together? In which case, we have to explain why not. I guess we just say because we live on separate continents but have visited frequently.

So we don't list all the visits, just say 2 visits to London and 3 visits to USA etc?  No addresses to be given?

Thank you for your invaluable assistance.

Yes, I can rely on Category A, with 6 months evidence, and just multiply the lowest payslip by 12, as that's what they will do to calculate it.

For 3.11, you should use the salary that is specified in your employer letter, as that's what they will check against. They will then use the lowest payslip to calculate the income you can actually use for the visa, even if that is different from what you've written in 3.11.

For example, say your annual salary is £30,000 (£2,500 per month), and this is stated on your contract and employer letter... so you put £30,000 for 3.11 because it is your official salary. However, in one month you took unpaid leave and only got paid £2,000. Therefore, UKVI will only use the £2,000 payslip to calculate a salary of £24,000 that can be considered for the visa, even though your actual salary is £30,000

Someone got refused their visa recently because they were using non-salaried income (average of the 6 months of payslips - which was over £18,600), but their employer letter stated it was salaried, and so UKVI counted it as salaried only used the lowest payslip... which was £1,275 (less than £1,550). Therefore, UKVI only came up with an annual income of £15,300 and refused the visa, even though going by the non-salaried income, they earned over £18,600 and it should have been approved.

Thanks for the detailed form answers, although I think you mean 3.1 is answer "No" (not exempt from financial requirement). The rest is all clear. Just thought I should clarify in case anyone else reads this for advice in future.

Ah, yes, sorry - I read it quickly (and had just woken up after working the night shift).

1.19 - having lived together akin to marriage? -
When we first me she was on a student visa from her masters. So should we still say no we never lived together? In which case, we have to explain why not. I guess we just say because we live on separate continents but have visited frequently.

Yes, most people have had no way to legally live together yet, so it's normal to put that you live on different continents.

Did you actually officially live together while she was on her student visa? Do you have tenancy agreements, bills, bank statements etc. to prove it? If so, then you can put yes, and you will need to provide this evidence of living together as part of your relationship evidence. If you didn't officially live together or don't have evidence of doing so, you might be best to say no.

So we don't list all the visits, just say 2 visits to London and 3 visits to USA etc?  No addresses to be given?

No, it doesn't have to be that detailed.

The paragraph can just be something like:

We met on X date when (applicant's name) was living in the UK on a student visa. We entered into a relationship on Y date and saw each other regularly (or lived together between A and B dates) while (applicant) was studying in the UK. (Applicant) returned to the US on C date, after which we kept in contact by (Skype/Whatasapp/email etc.). I visited her in the US 2 times (give dates and length of visits). She visited me in the UK 3 times (give dates and length of visits). We got engaged on D date and got married in Washington DC on X September 2017. We would now like to settle in the UK together because (whatever your reason is for her moving to the UK instead of you moving to the US)

Great, thanks for that. So I guess that paragraph about the visits goes in the sponsors letter then?

One other detail - I don't need the wage slips or bank statements to be returned, but some other docs like contract of employment I do need back, so do I have to send a photocopy as well as the original? And just of the ones where I want originals returned?

Great, thanks for that. So I guess that paragraph about the visits goes in the sponsors letter then?

Yep, the sponsor's letter should include 4 paragraphs:
- how you qualify to be a sponsor (you are a UK citizen and you've lived in the UK since birth (if that is the case))
- how you meet the financial requirement (current employment details and salary, plus which category you're applying under)
- where you will live in the UK (address, whether you own or rent, how many bedrooms/living rooms, how many people will be living there)
- the paragraph about your relationship
- Optional: a list of the documents you, the sponsor, are including to back up the claims in each paragraph

One other detail - I don't need the wage slips or bank statements to be returned, but some other docs like contract of employment I do need back, so do I have to send a photocopy as well as the original? And just of the ones where I want originals returned?

You should send photocopies of everything you want to be returned, or they may keep the originals. It's really up to you which photocopies you decide to send, though some people have reported receiving both the originals and the copies back!

So re reading the form now I'm at home, I'm unclear whether my employment salary should be under category A or B?

My situation is that I have been with the same employer for several years. In April I got a small pay rise for start of new financial year. So my first of the six wage slips is March which predates that and is at a slightly lower rate...  about forty pounds less. The gross is still sufficient to meet the £18600 even at the old pay rate.

The question at 3.12 asks if I've been with the same employer and earning the same amount for 6 months? BUT although I've been with the same employer, I've only earn the same amount for 5 months. So maybe it is it better to do category B? But then I need to submit 12 months paperwork.

Could I do Category A and just quote salary as the old salary as calculated from March x12? Then if I've earned another forty quid permonth each month since, is that a problem?

It seems like I may have to do B, because my income went up  a little in the 2nd of the 6 months.

As long as your previous salary was at least £18,600, and your lowest payslip in the last 6 months is at least £1,550 before tax, you are Category A.

You use your current salary for the application and all they will do to confirm you meet the requirement is multiply your March payslip by 12.

Question 3.12 is basically asking:
- have you been earning at least £18,600 for 6 months?
Meaning:
- are you applying under Category A (tick yes) or category B (tick no)

If you meet the requirement to apply under Category A, then tick yes... even if it's only been 5 months.

My advice:
- use your current salary for 3.11
- tick yes to 3.12
- provide 6 months of payslips and bank statements under Category A

It's seriously not an issue... the only thing getting in your way is your own conscience because you feel like you aren't answering 3.12 truthfully by ticking yes. However, UKVI aren't going to care because you meet the Cat A requirement anyway.

Alternatively, you could wait until October to apply for the visa, once you have received your September payslip and bank statement and then you don't have to worry about the March one because your 6 months will be April to September and you can apply under Category A without worrying about how you've answered 3.11 and 3.12.



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Thanks Ksand24, Yes it is the way they have phrased the question which is bugging me. Having looked at the Immigration Rules Specified Evidence online, I think you are right - 6 month's continuous employment with each month at or above the specified level (gross before tax & NI deductions), should meet the requirement. So I think you are right, they mean what you say, not exactly what the form asks which would require the identical pay each month.

Just out of interest, what would happen if they weren't satisfied? Do they ask for more wage slips going back further or do they just reject the application. If they reject it for this or any other reason, can we appeal and submit additional evidence?

Thanks Ksand24, Yes it is the way they have phrased the question which is bugging me. Having looked at the Immigration Rules Specified Evidence online, I think you are right - 6 month's continuous employment with each month at or above the specified level (gross before tax & NI deductions), should meet the requirement. So I think you are right, they mean what you say, not exactly what the form asks which would require the identical pay each month.

I know that's what they mean because I've been studying the guidance and the application forms for the last 5 years .

It's just bad phrasing of the question... you'll need to get used to that over the next few years of visa applications. There are a lot of things that require reading between the lines to figure out what they're getting at (particularly refusal wordings - it's common for someone to believe they were refused for one reason but if you know what to look for, you realise they were refused for something completely different)

There have been several people in your position before, where they are applying under Cat A but have recently received a pay rise. They have answered the questions as I've suggested you do and their visas have been approved because their previous salary met the requirements.

Just out of interest, what would happen if they weren't satisfied? Do they ask for more wage slips going back further or do they just reject the application. If they reject it for this or any other reason, can we appeal and submit additional evidence?

What wouldn't they be satisfied with?

It's a tick box visa - they just need to tick the boxes to confirm that:
- your current salary is at least £18,600
- your lowest payslip in the last 6 months is at least £1,550 before tax
- your employer letter, payslips and bank statements are in the correct format as specified in Appendix FM-SE

If for some reason they determined you did not meet Category A because your March payslip was less than £1,550, the visa would be refused. They would not ask for extra wage slips because only the last 6 months of payslips can be considered.

If this did happen (though I don't see how it could because your payslip doesn't lie), you would just need to reapply for the visa.

An appeal is not worth it as it can take up to a year to be decided and it's only likely to be successful if it was their mistake... I.e. they overlooked a document and claimed you didn't send it, or they miscalculated your income



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Thank you, its great to have the benefit of your wealth of experience. I would be pretty lost otherwise!

And on refusals - hopefully this won't happen and seems unlikely - but if it was refused, then we would have to pay all over again?