Question about Spouse Visa and Council Houses

Hi everyone!

Thought I read in someone else's post about keeping the same post going for one individual's application so that anything relevant can be referred back to, correct me if I'm wrong and I will happily start a new post.

Yeah, it's easier for us to help you if you keep everything in one thread, because otherwise it's easy to get confused with who is in which situation and who has which documents to submit... which can lead to the wrong advice being given, or the wrong person being addressed.

Edited to add: I thought you were posting on someone else's thread, not your own... oops!

Will respond to your documents list in a minute.

Thank you @ksand24! Forgot to mention in the original post, but hubby started work 1 Nov, and gets paid monthly. Do we have to wait for his first payslip from the UK job before we can submit, or is it ok to submit without since he doesn't have one yet?

The time has come, we are finally (almost) ready to submit my visa application!! I have filled out the online application form and VAF4a Appendix 2 and am now working on making sure I have all the supporting documents together before I schedule a biometrics appt as apparently everything has to be sent in within 5 days after that.

Yes, that's correct.

Can anyone give me some guidance on making sure I will have everything I need? I have been referring to this guide: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdf
and Appendix FM-SE (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence) to try and compile my list, but they're not the most straightforward things I've ever read--especially the Appendix.

Appendix FM-SE is good, but while the first link is useful, it is a bit vague and not everything on it is needed.

So, my understanding is that we can submit the last 12 months of his US payslips + the contract stating his salary in the new job to cover the financial requirement.

Yes, that's correct. Though you also need 12 months of his US bank statements as well, and if his payslips are not original, you need a letter from his previous employer verifying their authenticity.

Just going to organise your documents into the relevant sections for the application (my additions are in red):

Applicant Documents
- receipt for priority processing (if purchasing)
- return shipping label back from New York
-Completed application form
- Completed VAF4a Appendix 2
- My current passport
- One passport photo of me
- My previous passport - in the past you had to send the actual document, but now it's unclear whether you need to send it or just a copy. If unsure, I would send both the passport and a copy

Sponsor's Documents:
- copy of the photo page of his UK passport (doesn't have to be notarised)
- signed letter of support for the visa - outlining how he meets the financial, accommodation and relationship requirements (feel free to post the letter here so we can check it contains all the information)

Financial Documents
New UK job evidence:
- Hubby's current employment contract stating salary, start date, terms, etc (for the UK job)--Do we need a letter from his employer in addition to this?[/li][/list] the guidance states you need a letter AND the contract
Previous Earnings Evidence:
- Hubby's last 12 months of electronic payslips from US job (his pay was calculated hourly, so I'm assuming is considered variable, hence the 12 months) - the variable pay is irrelevant, as all you need to show is total earnings of £18,600 before tax in the 12 months. The actual reason you are including 12 months is because he has left his US employer and hasn't been with his UK employer for 6 months yet
- Letter from US employer verifying authenticity of electronic payslips[/li][/list]
- Electronic bank statements showing direct deposits from US job for last 12 months--- you EITHER need the bank's logo stamp on EVERY page, OR you need a letter from the bank.

Accomodation Documents
You need:
- his original tenancy agreement
- a letter from the council giving you permission to live there
- a letter from his parents saying they are happy for you to move in

Relationship Documents
- Copy of our marriage certificate
- any divorce decrees if you have been married before
- No more than 2 photos of you and your husband together
Evidence of living together for the entire time you lived together in the US:
For example:
- annual tax returns
- house deeds
- tenancy agreements
- mortgage statements
- utility bills
Evidence of regular communication while you have been apart:
- Record of recent FB messages/calls (this is our primary way of keeping in contact atm)... no more than 2-3 pages max, only showing a list of dates, times and names, no message content


You do NOT need:
- Copies of both our birth certificates
- Copy of our son's birth certificate

Thank you so much!! Added a couple questions in blue next to your clarification--I really appreciate the help!

Applicant Documents
- receipt for priority processing (if purchasing) I know this is something we want to do, does it give me the option to pay for priority once I book biometrics and get through the rest of the online portion?
- return shipping label back from New York Do I only need the label, or should I include an envelope as well?
-Completed application form
- Completed VAF4a Appendix 2
- My current passport
- One passport photo of me
- My previous passport - in the past you had to send the actual document, but now it's unclear whether you need to send it or just a copy. If unsure, I would send both the passport and a copy

Sponsor's Documents:
- copy of the photo page of his UK passport (doesn't have to be notarised)
- signed letter of support for the visa - outlining how he meets the financial, accommodation and relationship requirements (feel free to post the letter here so we can check it contains all the information)

Financial Documents
New UK job evidence:
- Hubby's current employment contract stating salary, start date, terms, etc (for the UK job)--Do we need a letter from his employer in addition to this?[/li][/list] the guidance states you need a letter AND the contract
Previous Earnings Evidence:
- Hubby's last 12 months of electronic payslips from US job (his pay was calculated hourly, so I'm assuming is considered variable, hence the 12 months) - the variable pay is irrelevant, as all you need to show is total earnings of £18,600 before tax in the 12 months. The actual reason you are including 12 months is because he has left his US employer and hasn't been with his UK employer for 6 months yet
- Letter from US employer verifying authenticity of electronic payslips[/li][/list]
- Electronic bank statements showing direct deposits from US job for last 12 months--- you EITHER need the bank's logo stamp on EVERY page, OR you need a letter from the bank. Ok, so thinking these should be fine for me to print out at home seeing as the logo is on every page. The word "stamp" threw me off, makes it sound like it isn't something that can just be printed out!

Accomodation Documents
You need:
- his original tenancy agreement
- a letter from the council giving you permission to live there
- a letter from his parents saying they are happy for you to move in

Relationship Documents
- Copy of our marriage certificate
- any divorce decrees if you have been married before N/A for us
- No more than 2 photos of you and your husband together
Evidence of living together for the entire time you lived together in the US:
For example:
- annual tax returns
- house deeds
- tenancy agreements
- mortgage statements
- utility bills
^Good to know! I will make sure and get all these together too.
Evidence of regular communication while you have been apart:
- Record of recent FB messages/calls (this is our primary way of keeping in contact atm)... no more than 2-3 pages max, only showing a list of dates, times and names, no message content


You do NOT need:
- Copies of both our birth certificates
- Copy of our son's birth certificate
^ Also good to know, as we needed our birth certificates every time for most of the paperwork associated with his US visa/citizenship process, and they considered children's birth certificates to be evidence of a relationship! Since I saw birth certificates mentioned on the guidance list I figured I should include them here too.

I know this is something we want to do, does it give me the option to pay for priority once I book biometrics and get through the rest of the online portion?

No, priority and shipping labels are purchased separately, through VFS Global, after you have submitted and paid for the online application (as you need your application number to purchase them).

They are purchased here (under USA - Application Support Centre):
http://www.vfsglobal.co.uk/usa/user_pay_services.html

- return shipping label back from New York Do I only need the label, or should I include an envelope as well?

Just the label, purchased through VFS Global above.

- Electronic bank statements showing direct deposits from US job for last 12 months--- you EITHER need the bank's logo stamp on EVERY page, OR you need a letter from the bank. Ok, so thinking these should be fine for me to print out at home seeing as the logo is on every page. The word "stamp" threw me off, makes it sound like it isn't something that can just be printed out!

No, they need an actual stamp/signature by a member of staff at the bank on every page... to prove that you didn't forge or tamper with them before printing them at home. Basically, the stamp is to show that they have verified your printed statements against their official records.

The requirements are that the bank statements must either be:
- originals printed by the bank, either in-branch or mailed to you
OR
- online banking statements you have printed at home that are either stamped/signed on every page by the bank branch or accompanied by a letter of authenticity from the bank branch.

For example:
- annual tax returns
- house deeds
- tenancy agreements
- mortgage statements
- utility bills
^Good to know! I will make sure and get all these together too.

You don't need all of them, just a selection. Most people just use 1 or 2 documents per year, for example, annual tax returns (the part with both your names and your address on it) and a utility bill.

You do NOT need:
- Copies of both our birth certificates
- Copy of our son's birth certificate
^ Also good to know, as we needed our birth certificates every time for most of the paperwork associated with his US visa/citizenship process, and they considered children's birth certificates to be evidence of a relationship! Since I saw birth certificates mentioned on the guidance list I figured I should include them here too.

Yeah, that's what I meant by not needing everything on the guidance list.

- your birth certificate is not required because your passport is your proof of ID and citizenship
- your husband's birth certificate is not required because his passport is his proof of ID and citizenship... he would only need to include his birth certificate if he did not hold a valid passport
- your son's birth certificate would only be needed if he was not a UK citizen and you were also applying for a visa for him (as you would need to prove how you were related to him)... as he is British, he is irrelevant to your application, other than giving his details on the form.

Perfect, thank you so much for the clarifications!!

Here is my husband's letter of support, any feedback would be much appreciated!
Dear Sir/Madam,

I’m writing to you as the sponsor for my wife Alexandra *** in support of her application for a UK settlement visa. I am a British citizen who has recently returned to the UK after 4 years living and working in the United States.

I met my wife in November 2011 in Tokyo, Japan. She was studying in Nagoya and took a trip to Tokyo during a school holiday. I was on vacation and we happened to stay at the same hostel. We clicked immediately and found we had many shared interests, and the groups we were traveling with decided to spend the week sightseeing together, as my group of friends did not speak Japanese and her group spoke fluently and helped us find our way around.

After our week in Tokyo together, we kept in touch via Facebook and Skype. I visited Alexandra in January of 2012, and again to attend her university graduation in May of 2012. At the end of May 2012, she came to the UK on a visitor’s visa and stayed with me until December 2012. We travelled to Jamaica together around Christmas to spend time with her family and attend her parents’ 25 year anniversary re-commitment ceremony. I then was able to come and stay with Alexandra in the USA from February 2013 to August 2013 on a visitor’s visa, and I proposed before I left. After waiting for my fiancé visa to be approved in the USA, I returned and we were married November 1, 2014. We lived together in the USA from that time until I returned to the UK in October 2018 to pursue a job opportunity. I am currently working at *** in *** in a salaried position making over the £18,600 minimum requirement. Please find the relevant documents enclosed to support this, as well as documents regarding my employment from the last 12 months in the USA.

During the last 7 years spent together, we have built a strong, loving relationship whether we were separated by distance or not. We have taken several trips together to visit family and friends both in the UK and the USA, and have also been able to travel to Sweden and Germany together. We bonded over our love of dogs and were able to foster several before finding one we loved too much to give to someone else. In April 2017, we were thrilled to welcome our first child into the world, William ***, and we are eagerly awaiting the arrival of our second in April 2019.

We would like to settle permanently in the UK, as it is very important to us to be closer to my family as my parents grow older and have our children attend school in the UK. We have both always felt more at home in the UK, and we feel it is vital that we are able to be together so that we can continue to develop our relationship and support each other in everyday life, both be involved in our children’s everyday lives, and also to continue to enjoy our shared passions of travel, food, and new experiences.

I am currently living with my parents at *** in a house owned by the local council. In support of this application, please also find enclosed my tenancy agreement, a letter from the council allowing my wife to live at the same address, and a letter from my parents stating their support and approval of us all living together.

I completely support my wife’s visa application and am willing to be her sponsor. If there is any more information that you require from me please do not hesitate to contact me. 

Yours sincerely, 

Okay, at the moment, it's way too long.

You just need:
- 1 paragraph the financial requirement
- 1 paragraph about your accommodation
- 1 paragraph about your relationship

So, I would cut it down and rearrange it a little. You just want facts and dates, no personal feelings or talking about how much you love each other or how well you get on.

For example:

To The Entry Clearance Officer

I’m writing this letter in support of my wife, Alexandra ***'s application for a settlement visa to join me in the UK. I am a British citizen who lived in the UK from birth until 4 years ago, when I moved to the United States. I have recently returned to the UK.

I am currently employed as a [job title] for [company], in a full-time, position with a salary of [exact salary], and I have been employed with [company] since [date]. I meet the financial requirement under Category B, using my current job in the UK and my previous 12 months of employment income in the United States.

Once Alexandra's visa has been granted, we will live with my parents at [full address]. This is a council house property with X bedrooms and Y living rooms, and the total number of people living in the property will be 4 adults. I am enclosing my tenancy agreement, along with a letter from the council allowing my wife to live at the same address, and a letter from my parents stating their support and approval for Alexandra to move in.

Alexandra and I met in November 2011 in Tokyo, Japan, while she was studying in Nagoya and I was travelling. We spent a week together in Tokyo and entered into a relationship on [date]. After we left Japan, we kept in contact [daily/weekly etc.] using Facebook and Skype. I visited Alexandra in January 2012 for [X days/weeks] and, and again in May 2012 [X days/weeks]. She then visited me in the UK from May to December 2012. After that, we travelled to Jamaica together over Christmas for her parents' wedding anniversary. I visited her in the US from February to August 2013 and we got engaged on [date] in [city]. I applied for a fiance visa for the US and we married in [city] in November 2014, where we lived together until I returned to the UK in October 2018. Our first child was born in April 2017, and our second is due in April 2019. We would like to settle permanently in the UK, as it is very important to us to be closer to my family as my parents grow older and have our children attend school in the UK.

Yours Faithfully,
His Name

Thank you! I'll take your advice and cut it down. I really appreciate the guidance!

So my MiL went to speak to the council today about a letter while my husband is at work, and they told her they won't write a letter for us because according to them we don't need it...my inlaws have a lifetime secure tenancy, so the council insists that since we won't be overcrowded once we're all there that we don't need their permission, just my inlaws'. Are they right or should we push for them to write us a letter anyways?

Hi everyone, hoping someone has some insights for us as my husband and I are trying to figure out what route is best for us. I've searched through the forums but I can't find anything from post-2012 immigration rules that addresses someone living in a Council house but not receiving housing benefit.

We are currently living together in the US and are in the process of getting his US citizenship, but looking to move to the UK as soon as possible once that is complete. I know the basics for going the UK spouse visa route in terms of needing to meet the financial requirement (which we will likely have to do through separation and proving income after 6 months of him working in the UK), and I've done quite a bit of reading on this site, other forums, and the official immigration publications from the UK government. His parents live in a council house on housing benefit, and we desperately want to buy their house one day as it is also his childhood home. I know that there is a scheme in place where we could buy a council house with £75,000 discount once we've officially lived there for 2 years, and that is what we'd like to do.

So, if my husband goes over and moves into his parents' house, but is paying full rent (so no one in the house is getting housing benefit), will this affect my application since it is a council house? What about if he is still eligible to receive some housing benefit? I know that I can't claim anything, or that he can't claim extra on my behalf, but is he (or our children, who are British citizens) potentially entitled without jeopardizing my application?

If by some miracle he is offered a job before he moves over, my understanding is that we could go together rather than being separated so long as we have a letter from the future employer showing the date he will start and his salary, etc. If this happened would we need to move somewhere other than his parents' (at least initially) to make sure we don't jeopardize my application?

Sorry about all the questions and my lack of knowledge about all this, I'm struggling to find guidelines specifically for the situation in which I'd apply while he is in a Council house but not receiving any monetary benefit. Any guidance is much appreciated!

Look

there is no harm whatsoever of any kind in living in council housing, in his parents or his own. You two can get on a waiting list for a council house also later. Council housing is not public funds.

Housing benefit is public funds so that he can only get without you in the calculation (the council would know how to do it).

This is not an endorsement of any other plans of yours, which I did not read through )) just wanted to make the comment on council house specifically.

Please don’t listen to this advice.


If you approach a housing association and they give you a property that is not public funds.

If you are referred by the local council this is a public fund. But your partner can be on the tenancy with you just living in the property.

I just went through this on my visa. There is a difference.

Look

there is no harm whatsoever of any kind in living in council housing, in his parents or his own. You two can get on a waiting list for a council house also later. Council housing is not public funds.

Housing benefit is public funds so that he can only get without you in the calculation (the council would know how to do it).

This is not an endorsement of any other plans of yours, which I did not read through )) just wanted to make the comment on council house specifically.

Look

there is no harm whatsoever of any kind in living in council housing, in his parents or his own. You two can get on a waiting list for a council house also later. Council housing is not public funds.

Housing benefit is public funds so that he can only get without you in the calculation (the council would know how to do it).

This is not an endorsement of any other plans of yours, which I did not read through )) just wanted to make the comment on council house specifically.

Olga we’ve had an issue of EVERY SINGLE THREAD you reply on being shut down due to not following forum rules.  This is detrimental to people seeking our advice which is concise, correct, referencing government resources, evaluating each situation for their own merit, and free. 

Please follow the forum rules:

https://talk.uk-yankee.com/index.php?topic=94998.msg1257685#msg1257685

Finally ready to book biometrics!! Quick question--when I get through to pay my IHS surcharge, it says "You don't have any dependants" at the bottom and wants me to confirm. Anybody know if they mean any dependants, or just dependants who would also need to pay an IHS fee? My son is a UK citizen, so shouldn't have to pay the fee for him, but he is legally my dependant. I thought I filled everything out correctly on my form but now I'm questioning it!

I assume they mean dependants who are also applying for a visa and therefore who need to pay the surcharge as well.

You don’t have any dependants because you are the only one applying for a visa.


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