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Work permit / spouse visa and living arrangements

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Dey
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Joined: Thu Jul 13, 2006 11:57 am

Work permit / spouse visa and living arrangements

Post by Dey » Thu Dec 21, 2006 10:21 pm

Greetings,

My boyfriend and I are finally getting married this January and I had
a couple of questions. He's currently living in the UK and has a work
permit (provided by his employer). I wish to go, live with him and work there.
I was wondering if I was eligible for the spouse visa?

Also, he currently shares a flat with his mate and the latter leaves
not before two to three months, at which time I'll move in with my
husband. Since the spouse visa specifies that we must live together, I
was wondering if I could make my address his while I wait for the
flatmate to go? I can rent a room nearby while I wait. Is there
something else they want to verify when they say we must "live
together"?

Regards,

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Thu Dec 21, 2006 10:28 pm

Your problem is that in order to get your dependent visa one of the matters to be dealt with is that it will need to be shown that the accommodation to be occupied is "suitable" and certainly not overcrowded.

Can't all three of you live there? Is it simply too small? Or to be more specific ... your fiancé might need to grab a tape measure .... excluding any Spam, bathroom or toilet, whatever their size, how many rooms in the place exceed 50 square feet in size?
John

Dey
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Posts: 7
Joined: Thu Jul 13, 2006 11:57 am

Post by Dey » Fri Dec 22, 2006 2:56 am

Thank you for your quick reply John!

I'll have to check about the arrangements, but my priority is making sure that I can get the spouse visa if my husband lives there with a work permit. More specifically, this passage from the website had me wondering:

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay.

If he has the work permit, is he recognised as someone who is "present and settled"?

Regards,

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Dec 22, 2006 8:46 am

Dey, if he is here on a WP ... and has not yet got ILR ... indefinite leave to remain .... he is not (yet) "settled" in the UK. Accordingly you would not be able to get a 2-year spouse visa.

However if he has "only" a time-limited employment visa, issued after a WP was agreed, you would be able to apply for a Dependent visa, and that would give you the legal right to work in the UK.

But do appreciate that with such a visa you would be dependent upon his situation, and accordingly if his employment ends for some reason and he fails to find rapidly a new employer to sponsor him for a WP, then your ability to remain in the UK and working ceases in the same way as his rights cease.

So Dey, it really comes down to this ... has your fiancé already got ILR?
John

Dey
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Posts: 7
Joined: Thu Jul 13, 2006 11:57 am

Post by Dey » Sat Dec 23, 2006 9:30 am

Thanks a lot John!

Dey
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Posts: 7
Joined: Thu Jul 13, 2006 11:57 am

Post by Dey » Sat Dec 30, 2006 3:18 pm

Thank you for all this information John!

Actually, he doesn't have ILR, he has a time-limited employment visa. So I'll be applying for the Dependant visa and will follow him no matter what.

The only thing I'm worried about is if my going there with a dependant visa will hinder him in asking for his naturalisation. Will living with him as dependant lessen his chances of getting it?


PS. I read in the requirements for naturalisation that one must be "of sound mind", so I'm not sure he qualifies anyways ;-)

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat Dec 30, 2006 3:31 pm

I read in the requirements for naturalisation that one must be "of sound mind", so I'm not sure he qualifies anyways
You mean, wanting to marry you? :lol: (Sorry I could not resist that ... only joking!)

The sequence appears to be :-
  • get married
  • you apply for a visa as his dependent. That visa will have the same expiry date as your husband's visa
  • in the UK, when your husband applies for any visa extension or ILR, you will be included on the application and thus the visas for the two of you will tend to always have the same expiry date, or be ILR
Any affect on his Naturalisation? No, none at all.
John

Dey
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Joined: Thu Jul 13, 2006 11:57 am

Post by Dey » Sat Dec 30, 2006 4:01 pm

Yep, that is precisely why he is not sound of mind, but please don't tell him :-)

I have to thank you again since you answer my questions better than I could ever hope for!

I was surfing the sea of links concerning the dependant visa and I have to say, I'm not sure I am sound of mind anymore. I'm having a bit of a hard time finding the proper form. I think it is the one found at:

http://uk.sitestat.com/fcoweb/ukvisas/s ... df&ns_url=[http://www.fco.gov.uk/Files/kfile/VAF1Oct06,2.pdf]

Is that the right one?

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat Dec 30, 2006 4:19 pm

Yes, that is the correct form to use, the VAF1. And of course it will be the "Dependant of a person in a long-stay category (e.g. student, employment)" box that you will be ticking.
John

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