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Applying for 'Family of a settled person' visa from USA

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mick_c
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Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 2:04 am

Hey folks,

I was directed here by a friend on Twitter, and hopefully you can give some guidance as the Home Office International Enquiry service is worse than useless, and the people just copy&paste information from the Home Office website instead of actually answering queries.

I'm a British citizen and my wife is Canadian. She was previously on an FLR(M) visa, granted in 2010. In 2011, we moved to the US on temporary academic exchange visas, with a view to returning to the UK within 5 years. We are both due to return in mid-February, and my wife is applying for a 'Family of a Settled Person' visa, which the Home Office guidance clearly states is a non-settlement visa. The Home Office guidance says that it's fine for us to return to the UK together on this visa.

Applications from the US need to be done using the new (beta version) online visa website, Visa4UK. This website does not have any category of visa matching the 'Family of a Settled Person' visa. The person from the Home Office information system told us to apply through 'Settlement - Settlement - Wife' even though we believed that she was applying for a non-settlement visa. She is due to get her biometric info taken tomorrow here in the US (even though she's already in the system from her old visa) and we need to then post the visa application. Unfortunately, there are two postal addresses: one to the UK consulate in New York for non-settlement visas, and one in Sheffield for Settlement visas. We are not sure where to send her application, and don't have time for it to be rejected due to being sent to the wrong place.

Also, we need an expedited processing, but nowhere on the website gave us the option to select and pay for this. Our final problem is that, although the guidance says that we can both enter the UK together, the Sponsorship form (SU07) asks for evidence of my UK address even though we clearly won't have one until after we arrive and find somewhere to live (we'll stay in a hotel for a couple of weeks).

We meet all the other requirements (income, etc) and our questions seem very simple, yet we can't get any useful information from the Home Office International Enquiry service (they use a commercial third party). Has anyone out there encountered this problem before? Any help on how to proceed would be very much appreciated! I'd rather not come back to the UK in February with just my baby (he has a UK passport) and no wife...!

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 4:02 am

I have another question for your collective wisdom. The rules for family members state
E-ECP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.
When we arrive in the UK, we'll stay in a hotel until we find a place to live (we both have job lined up in the same city), so we won't actually have an address until after we enter the UK. How do we meet the accommodation rule in this way? I'm guessing that we can't be in a particularly unique situation!

Thank you in advance

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Re: Applying for 'Family of a settled person' visa from USA

Post by michali » Mon Dec 28, 2015 10:14 am

Firstly, I am assuming you and your wife are returning to settle? In that case, you do indeed need to pick settlement, settlement, wife as opposed to a visit visa. Sheffield is the correct address to which you should send the application and supporting documents. When she goes to do her biometrics, they should advise on this too.

Giving the address of a hotel will hopefully be acceptable but I am not sure about that. They usually want either the address of family members with other information or documents proving ownership or tenancy. I would hope others would chime in on this aspect.

You do not need the sponsorship form. That is for dependent members of sponsor, such as parent or child.

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Re: Applying for 'Family of a settled person' visa from USA

Post by physicskate » Mon Dec 28, 2015 10:23 am

Agree with what Michali has said. You will need proof of accommodation, despite the fact that most migrants will not have a permanent address before they move; the UKVI do not care about what is practical or reasonable, they just require you to tick the boxes for your visa. You should also have all of this proof BEFORE you hit submit for your application and book your biometric appointment (which everyone has to do for EVERY visa application they ever make - I have had my biometrics taken about 5 times; it proves I am who I say I am).

Do you have any relatives who own a property you could stay at? Proving the land registry and having a letter from the owner is enough to prove accommodation, even if you don't end up using that as a place to stay...

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Re: Applying for 'Family of a settled person' visa from USA

Post by Casa » Mon Dec 28, 2015 10:30 am

michali is correct. In addition to the £956 visa fee, you will also have to pay the NHS surcharge of £600 online before submitting the application.
You mention that you meet the financial conditions. These have become considerably tougher since your wife's previous visa application. You will now have to show:
Equivalent earnings of £18,600 for the last 12 months outside of the UK (solely your earnings) and have a confirmed offer in writing of employment (for you only) due to start within 3 months of arrival in the UK, again meeting the minimum salary level of £18,600.
Without the above, you would need to show savings of £62,000, held in an accessible account for at least 6 months.
or
Without previous employment at the required income level and insufficient savings, you would have to return to the UK and apply for your wife to join you after you have completed 6 months of employment in the UK. Bear in mind that your wife would be unable to enter as a visitor and apply for a spouse visa from within the UK.
Submit bank statements for the last 6 months + pay slips showing earnings for the past 12 months.
Accommodation in a hotel is unlikely to be accepted.

If granted, your wife will be issued with a 30 day visa, during which time she will need to enter the UK and collect her biometric permit at a designated Post Office within 10 days of arrival. This will then grant her an initial 2.5 year stay, after which she will have to apply for a further 2.5 year extension before qualifying for permanent residence (ILR).
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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 12:14 pm

Thank you all for the information, especially about the sponsorship form - it wasn't clear at all that I did not need this. We do intend to settle, so it looks like Sheffield is the best place to send this.

We have a friend sort of near where we are moving to who has an annex/basement apartment attached to his house that offered us the use of. Thankfully, this is the address that my wife used on her visa application. Would a letter from him stating that we can use his property be sufficient, or would we actually need something from the land registry too? Will the Home Office be happy with us staying with a non-family member? The closest family I have to our new jobs are about 450 miles away, in Scotland, so writing that wouldn't be credible...

Thanks again!

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Re: Applying for 'Family of a settled person' visa from USA

Post by physicskate » Mon Dec 28, 2015 12:21 pm

mick_c wrote:Thank you all for the information, especially about the sponsorship form - it wasn't clear at all that I did not need this. We do intend to settle, so it looks like Sheffield is the best place to send this.

We have a friend sort of near where we are moving to who has an annex/basement apartment attached to his house that offered us the use of. Thankfully, this is the address that my wife used on her visa application. Would a letter from him stating that we can use his property be sufficient, or would we actually need something from the land registry too? Will the Home Office be happy with us staying with a non-family member? The closest family I have to our new jobs are about 450 miles away, in Scotland, so writing that wouldn't be credible...

Thanks again!
A letter from your friend and proof he owns the place is needed. You don't need SU07, but don't forget about Appendix 2 and the financial proof!

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 12:27 pm

Thanks! I've filled in Appendix 2 - we both have contracts showing new (UK) jobs and current (US) jobs and we each meet the income requirement, so this should be enough without needing bank statements, etc. I'll get in touch with my friend today about getting a letter and evidence.

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Re: Applying for 'Family of a settled person' visa from USA

Post by CR001 » Mon Dec 28, 2015 12:30 pm

In addition to your new job offer, you need to submit bank statements and payslips, 6 months worth of each, with the application, you risk refusal if you do not submit the income proof. It is your income as the sponsor, not the applicants, that needs to be showed. This can be your current jobs in the US.
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Re: Applying for 'Family of a settled person' visa from USA

Post by physicskate » Mon Dec 28, 2015 12:31 pm

mick_c wrote:Thanks! I've filled in Appendix 2 - we both have contracts showing new (UK) jobs and current (US) jobs and we each meet the income requirement, so this should be enough without needing bank statements, etc.
Except for the fact that UKVI specifically require bank statements (from you), they don't care about the non-EEA citizens finances and you must have at least the last 6 months pay slips (but it can be more depending on which financial category you are applying under). Again, visas are not about logic, they are a tick box exercise!! Based on what you have told us, unless you supply the evidence, they will have no choice but to refuse your (very expensive) application.

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 12:34 pm

Yikes, okay, thanks. I'll get on that as well, then...

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Re: Applying for 'Family of a settled person' visa from USA

Post by Casa » Mon Dec 28, 2015 1:31 pm

Also, the bank statements must be originals or the copies stamped and signed by the issuing bank. The most recent bank statement and pay slip must be no more than 28 days old when you submit the documents for the application. Any official documents which aren't submitted as original must be legally certified. e.g your passport and marriage certificate.
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Re: Applying for 'Family of a settled person' visa from USA

Post by michali » Mon Dec 28, 2015 1:54 pm

Oh my goodness! Don't send the application without original or verified payslips and bank statements! AS to accommodation, if the flat or rooms you are going to live in are self contained, I would think a letter of invitation and land registry document (available from the Land Registry website for £3) would suffice, maybe with an original Council Tax bill included. If you are to share with your friend then a property inspection might need to be done to ensure there is no overcrowding.

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 2:19 pm

Thank you all again, you've been far more helpful than the Home Office international enquiry service or guidance forms.

My job in the US doesn't actually provide pay slips, so I'm hoping that bank statements, a contract and my US tax forms (equivalent of P60) should suffice?

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Re: Applying for 'Family of a settled person' visa from USA

Post by physicskate » Mon Dec 28, 2015 2:24 pm

mick_c wrote:Thank you all again, you've been far more helpful than the Home Office international enquiry service or guidance forms.

My job in the US doesn't actually provide pay slips, so I'm hoping that bank statements, a contract and my US tax forms (equivalent of P60) should suffice?
You will need the pay slips, otherwise, as you say, you will be hoping...
For the third time, you must provide the docs they want, regardless of whether or not thy are available...

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 2:27 pm

But the documents don't exist... This really is crazy. Thank you all again, I guess I'll need to do the best that I can.

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Re: Applying for 'Family of a settled person' visa from USA

Post by michali » Mon Dec 28, 2015 3:08 pm

Could you get a letter from your employer giving details of your employment, length of time, salary, etc and explaining that the company does not issue payslips?

UKVI are being extremely particular recently so you want to ensure you provide everything they ask for, or an explanation as to why a document is not available.

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Dec 28, 2015 3:34 pm

I spoke to my employer (the US government!) and they're putting together something now, along with an explanation that they don't provide pay slips. I'll give this to the UKVI, along with all of my bank statements and end of year tax forms and hope that this is enough for them. Thanks!

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Fri Jan 08, 2016 4:57 pm

After a desperate scramble to get all the paperwork together (including a signed letter confirming offer of accommodation from a friend in the UK), we sent off my wife's visa application on Monday morning, and it was received by Sheffield on Wednesday. Today (Friday), less than 48 hours after they received the application, we got the email:
Dear XXXXXXXXX,

Regarding Visa Application: GWFXXXXXXXXX
For: XXXXXXX

A decision has been made on your UK Visa application. Your application will be dispatched shortly from the Decision Making Centre in Sheffield, UK. If anyone contacts you advising that your application is still under consideration or that they can influence the outcome of your application in any way, they cannot - please report any such approach to VisaSheffield@homeoffice.gsi.gov.uk.
The turnaround was remarkably fast, and we're cautiously optimistic that we provided everything they needed (and then some!) to make a positive decision on what should have been a straightforward application. Thank you to everyone who contributed advice on this thread, there's no way we would have got our act together without it.

Now for a weekend of neurotically pressing "refresh" on the UPS tracking website...

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Re: Applying for 'Family of a settled person' visa from USA

Post by Casa » Fri Jan 08, 2016 5:01 pm

You should be fairly safe to assume the decision was positive, as long as you haven't received a NHS surcharge refund into your account. Keep us updated.
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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Jan 11, 2016 6:40 pm

And.... the visa arrived just now. Phew! Thank you all again for your help, you saved us from messing it up through inattention to detail!

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Re: Applying for 'Family of a settled person' visa from USA

Post by Casa » Mon Jan 11, 2016 6:51 pm

Good news! Thanks for letting us know. :)
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Re: Applying for 'Family of a settled person' visa from USA

Post by eclectic » Mon Feb 01, 2016 9:32 am

Hi,

I am applying for a settlement visa for my wife from UK- she is currently in US but was with me last year as my tier 1 general dependant - I understand we now have to send the application to Sheffield but I was wondering if I need to send her all the documents to US and she would submit that after her biometric to Sheffield along with passport or can she send me all the documents and I can submit to Sheffield from here? I think the process is slightly different from US? can somebody clarify please

Also, I will be submitting copy of my passport, ILR - do they need to be certified? considering I have once sent copies before for the initial application as dependant on PBS and at a time I did not submit any certified copies.

She has lived here in UK with me for about 2 years as my tier 1 dependant so I am hoping it should be straight forward.

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Re: Applying for 'Family of a settled person' visa from USA

Post by physicskate » Mon Feb 01, 2016 6:29 pm

eclectic wrote:Hi,

I am applying for a settlement visa for my wife from UK- she is currently in US but was with me last year as my tier 1 general dependant - I understand we now have to send the application to Sheffield but I was wondering if I need to send her all the documents to US and she would submit that after her biometric to Sheffield along with passport or can she send me all the documents and I can submit to Sheffield from here? I think the process is slightly different from US? can somebody clarify please

Also, I will be submitting copy of my passport, ILR - do they need to be certified? considering I have once sent copies before for the initial application as dependant on PBS and at a time I did not submit any certified copies.

She has lived here in UK with me for about 2 years as my tier 1 dependant so I am hoping it should be straight forward.
She needs to send all docs from the US within 5 days of her biometric appointment. I would certify the copy of your passport (though not sure if this is required) as it is not a British passport. This can be done at a post office.

Make sure your wife includes info of maintaining regular contact with you, your financials and accommodation details.

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Re: Applying for 'Family of a settled person' visa from USA

Post by mick_c » Mon Feb 01, 2016 6:55 pm

physicskate wrote: She needs to send all docs from the US within 5 days of her biometric appointment. I would certify the copy of your passport (though not sure if this is required) as it is not a British passport. This can be done at a post office.

Make sure your wife includes info of maintaining regular contact with you, your financials and accommodation details.
We had some confusion about this: we thought that we had 5 days to submit all of the documents, but they letter that my wife was given at the biometric appointment said that the documents had to be sent within two weeks. We still erred on the side of caution and went with 5 days.

The Home Office rules don't stipulate that the passport copy has to be certified, but I would certainly do this. We actually sent the original UK passports of both myself and our baby, just to make sure. This was probably overkill, but we were working to a very strict schedule.

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