Settlement visa for Mexican wife help :)

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Settlement visa for Mexican wife help :)

Postby ManInMexico » Mon Jun 27, 2011 3:02 am

Hi guys and girls, i'll introduce myself first of all since I am new to the forums. My name is Mike, and i'm from England but currently living in Monterrey, Mexico. I am planning on returning to the UK with my wife who is Mexican toward the end of this year, but I haven't a clue even where to start. So I thought, what better place than a forum full of people who have experienced similar before.

Now, I don't know how much background info you'll need but i'll tell you the situation regardless...

I met my wife online in late 2007, we spoke via MSN/email etc etc for around 6 months. I then flew over to Mexico to holiday and meet her, where we began a relationship. This continued through to 2010 with regular visits between Mexico and the UK for both of us. I decided at that point to move to Mexico and marry her. So we have been married for 14 months now, I am working over here and have a visa, she has just finished her studies, and with the situation as it is with the violence etc, we want to return to the UK.




Here are the requirements I have read about and my/my wife's status on each...

you are legally married to each other or are in a civil partnership recognised in the UK

We are legally married in Mexico, and have a marriage cert in Spanish, will this count?

Your husband, wife or civil partner is present and settled in the UK

We both live together in Mexico, but I am a British citizen. Do I need to return to the UK without her first to meet this requirement?

You both intend to live together permanently as husband and wife or as civil partners

Yes

You have met each other before
Yes

you can support yourselves and any dependants without any help from public funds

I do not have an income from the UK, since I have temporarily settled overseas, my wife will have secured a scholarship of around £700 per month, and I planned to search for any old job upon our return, is this acceptable?

You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
We would be living with my parents when we arrive, just until we gather the money to move elsewhere. There is plenty of room there, we would not need to pay rent.

Your husband, wife or civil partner is not under 21, and you are not under 21 at the date of arrival in the UK
I am 29, she is 28

From 29 November 2010, you must show that you can speak and understand English.

My wife speaks English to a very high standard, and also teaches English, although I understand she will need to take a test.



There are a couple of the requirements above that i'm unsure about and I would greatly appreciate any feedback on those things, but the following are my main concerns...

Do I need to have a job in the UK before she makes an application? I want us to travel to the UK together, but in order for me to get a job and prove my finances it seems I would need to travel many months before her in order to return and find work etc.

Does it matter if I don't have savings and won't have an income if we do arrive in the UK at the same time?

Would the fact she will be receiving a reasonable scholarship, offset the fact that we have no savings to speak of?


Any advice on the matter would help us out so much, we really don't know where to start, what we need or how to do it...
I just read it back and realised how long that was haha, oh well, better to give to much info than not enough I suppose. Thanks for reading, and I look forward to any responses!


:D
ManInMexico
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Re: Settlement visa for Mexican wife help :)

Postby batleykhan » Mon Jun 27, 2011 8:49 am

ManInMexico wrote:Hi guys and girls, i'll introduce myself first of all since I am new to the forums. My name is Mike, and i'm from England but currently living in Monterrey, Mexico. I am planning on returning to the UK with my wife who is Mexican toward the end of this year, but I haven't a clue even where to start. So I thought, what better place than a forum full of people who have experienced similar before.

Now, I don't know how much background info you'll need but i'll tell you the situation regardless...

I met my wife online in late 2007, we spoke via MSN/email etc etc for around 6 months. I then flew over to Mexico to holiday and meet her, where we began a relationship. This continued through to 2010 with regular visits between Mexico and the UK for both of us. I decided at that point to move to Mexico and marry her. So we have been married for 14 months now, I am working over here and have a visa, she has just finished her studies, and with the situation as it is with the violence etc, we want to return to the UK.




Here are the requirements I have read about and my/my wife's status on each...

you are legally married to each other or are in a civil partnership recognized in the UK



We are legally married in Mexico, and have a marriage cert in Spanish, will this count?


This is fine. You will need a certified translation of your marriage certificate in English to present with the original one in Spanish with your wifes application


Your husband, wife or civil partner is present and settled in the UK

We both live together in Mexico, but I am a British citizen. Do I need to return to the UK without her first to meet this requirement?


No you don't need to return with her in order to meet above requirement, however my advise would be that you return to the UK, find yourself a job and a place to live here in UK before calling your wife over, as you will need to prove that you can support,maintain and accommodate yourselves without recourse to public funds.

You both intend to live together permanently as husband and wife or as civil partners

Yes

This is fine

You have met each other before
Yes

This is fine [

b]
you can support yourselves and any Dependants without any help from public funds
[/b]
I do not have an income from the UK, since I have temporarily settled overseas, my wife will have secured a scholarship of around £700 per month, and I planned to search for any old job upon our return, is this acceptable?

No, you have to prove that you will have enough funds and savings and accommodation to support you both. This is why I suggest you come to the UK , find yourself a job with a decent salary, build up some savings and find a place for you to buy, rent or share. The onus is on you to prove you can do this, otherwise you wife will not be issued with a visa. They are not bothered with what your wife earns or gets for a scholarship. they are only interested in how you are going to achieve above.

You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your Dependants can live without any help from public funds
We would be living with my parents when we arrive, just until we gather the money to move elsewhere. There is plenty of room there, we would not need to pay rent.

This fine and acceptable if your parents approve it.

Your husband, wife or civil partner is not under 21, and you are not under 21 at the date of arrival in the UK
I am 29, she is 28

This fine and ok as you both have to be over 21


From 29 November 2010, you must show that you can speak and understand English.

My wife speaks English to a very high standard, and also teaches English, although I understand she will need to take a test.

Yes she will need to take the English test unfortunately unless she has certain qualifications ( degrees etc)


There are a couple of the requirements above that i'm unsure about and I would greatly appreciate any feedback on those things, but the following are my main concerns...

Do I need to have a job in the UK before she makes an application? I want us to travel to the UK together, but in order for me to get a job and prove my finances it seems I would need to travel many months before her in order to return and find work etc.

I would strongly advise you to come first find yourself a job and save some money( you already have accommodation sorted out with parents) and then apply for your wifes visa. This may mean you being seperated for a few months, but teh chance of you succeeding are much better this way.Does it matter if I don't have savings and won't have an income if we do arrive in the UK at the same time?

Would the fact she will be receiving a reasonable scholarship, offset the fact that we have no savings to speak of?


Any advice on the matter would help us out so much, we really don't know where to start, what we need or how to do it...
I just read it back and realized how long that was haha, oh well, better to give to much info than not enough I suppose. Thanks for reading, and I look forward to any responses!


:D


Worth reading these two links. It will hopefully answer your querys
http://www.ukvisas.gov.uk/en/ecg/settlement/spouses
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Postby ManInMexico » Wed Jun 29, 2011 12:12 am

Hi batleykhan, first of all, thank you so much for taking the time to reply to my post!

I understand now the importance of having some savings and a well paid job to aid the process. Unfortunately, I have some debt of around 4000GBP to pay off before i'm even able to see a positive figure in my current account. Also with no qualifications to speak of, it's difficult to find a well paid job in the UK.

Keeping the above in mind, this is going to take a little more planning than first anticipated.

I have another question...

Is it possible to apply for a spouse visa whilst in the UK under a student visa?

My wife will be studying a doctorate at a university in the UK (hence my mentioning of the scholarship), and I understand it is much simpler to gain a student visa. This would give us further time to prepare ourselves for the spouse visa application, give me and her time to build up a bit of savings, and for me to gain steady employment. Also if this is possible, we would be able to return to the UK together. We could then just apply for the spouse visa when our finances are improved.

Once again, many thanks for your response :)
ManInMexico
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Postby vinny » Wed Jun 29, 2011 4:14 am

Is it possible to apply for a spouse visa whilst in the UK under a student visa?


Yes, if she's granted leave for more than six months. However, if she has sufficient money for a student visa, then she may also have sufficient (with scholarship) for a spouse visa too. Student visas may not necessarily be simpler.
Please click on any given links for further information.

*****
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Postby suarezi » Thu Jun 30, 2011 9:02 am

Man in Mexico

I sent you a PM,

saludos a la raza de Monterrey
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Postby odee » Mon Sep 19, 2011 2:03 pm

Im interested to see how MIM got on. Currently gathering the paperwork for my spouse to go to the UK with me from DF.
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Sat Jan 14, 2017 2:01 am

Hi all

Resurrecting a very old thread here but here goes...

We ended up getting her a Student Visa and returning to the UK together in 2012 with a view to applying for FLR(m) shortly before the visa expires. The time has now come.

We've booked a premium appointment for the 25th Jan 2017 and have almost everything ready, I am concerned about the documents I need to provide though. Can anyone take a quick look at what I have let me know if this looks like it covers everything?

This'll be the first FLR(m)

Misc
Applicant Passport containing current Student Visa, and previous passport.
Sponsor Passport.
Applicant photo X2, signed on back.
Sponsor Photo X1, signed on back.
Completed application FLR(m) 12/2016 version.
Fee payment confirmation print.
Appointment confirmation print.
IHS fee payment confirmation email.

Sponsor Finances
Last 6 payslips, stamped by employer.
Last 5 posted original bank statements.
Partial statement/transaction list printed in branch showing most recent payment (will be praying that Natwest stamp this).
Covering letter to explain that the reason for the partial statement is due to the bank statement correlating to the most recent payslip not being due until mid February, with the previous payslip being more than 28 days old).
Letter from employer stating position, type of employment, start date, current salary and the details of any changes to that salary in the time I have been employed.

Applicant English Language Requirement
Trinity A1 GESE English test certificate.
Cohabitation
Council Tax bill Dec 2012 – Joint
Council Tax bill Jan 2017 – Joint
Electric bill Jan 2016 – Joint
Electric bill May 2015 – Joint
Water bill Feb 2013 – Joint
Water bill Feb 2016 – Joint
I can enclose our original tenency agreement in joint names from Dec 2012 if necessary?

Relationship
Original marriage certificate in Spanish dated 24/05/2010
ATC Accredited certified translation dated 05/02/2014
I can enclose a few photo’s from throughout our relationship if necessary?
ManInMexico
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Re: Settlement visa for Mexican wife help :)

Postby Casa » Sat Jan 14, 2017 9:56 am

No doubt that you'll have found that a great deal has changed within the Immigration Rules since you opened this thread in 2011 :!:

Do you meet the minimum annual income level of £18,600?
Photos aren't required.
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Sat Jan 14, 2017 10:46 am

Haha yes, I'm just looking forward to getting this huge weight off my shoulders on 25th to be honest. This has been in the back of my mind for so many years now, it's taken a toll!

Seems like with every question I have researched a new can of worms is opened. Maybe you guys can offer a little clarity?

I had an annual salary of 21,500 from 1 June 2016, with a pay rise this month to 22,575 so I'm covered there, however not sure how to answer this question on the form?

Have you/your sponsor been in
employment with the same employer (YES I HAVE)
and earning the amount specified in (xiv)
below continuously for 6 months prior to
the date of the application? (category A) (NO I HAVEN'T)

Seems like it's incorrect if I answer either yes or no here. If I enter my current salary which will be displayed on my January payslip and employers letter in XIV, then I cannot say I have earned that amount continuously for the last 6 months, however if I answer no, then it looks like I haven't been employed by the same company, which I have!

Another one is whether to provide 6 joint bills to prove cohabitation to cover the full 4 years we've been here, or just the last 2 years.

And finally, and most worryingly
My appointment is on 25th Jan
My most recent payslip will be received on 19th Jan but dated 25th Jan
The bank statement covering the payment I get on the 25th (date of appointment) won't be available until near the end of February, by which point her Student Visa will have expired.
My most recent posted bank statement will be received around 18th Jan but will cover my December payslip which is dated 21st Dec (older than 28 days)

I've been to Natwest this morning and asked if they can provide a transaction report to show payment hitting my account on 25th which they have agreed to stamp, however having looked at an example of this document there is some wording on the bottom stating that transactions with today's date are unconfirmed. I don't know if this will be OK or not?
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Sun Jan 15, 2017 6:55 pm

Any input on my last post and the list in general? I have just over a week to go now so still have a little time to find and sort out last minute additions or anything I've overlooked.

Cheers
MIM
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Sun Jan 15, 2017 11:57 pm

I'm also quite confused on the wording of the below, it's not clear to me at all!

Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years.

She hasn't had leave granted in this category before, but we are married and have resided in the UK for more than 4 years now.

Do they expect 6 items covering the full 4 years, or the first 2 years, or the last 2 years?
ManInMexico
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Re: Settlement visa for Mexican wife help :)

Postby Casa » Mon Jan 16, 2017 9:36 am

"since your last grant of leave in this category,"

As above.
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Mon Jan 16, 2017 12:46 pm

Hi Casa, she has not been granted leave in this category as she is currently here as a student.
ManInMexico
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Re: Settlement visa for Mexican wife help :)

Postby Casa » Mon Jan 16, 2017 1:30 pm

ManInMexico wrote:Hi Casa, she has not been granted leave in this category as she is currently here as a student.


Which is why you are only required to show that you are now living together. Submit what proof you have.
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Re: Settlement visa for Mexican wife help :)

Postby ManInMexico » Mon Jan 16, 2017 2:04 pm

Thanks again, I'll bring things to cover the full 4 years we have resided in the UK.
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