I have a few concerns regarding my Fiances Spouse Visa application and hope to receive advice, it would be greatly appreciated.
We met in London in January of this year, she was here on a Student Visa, she is 24 and from Mexico. I'm an English citizen myself and have lived here my whole life, i'm 25 years old. Around 4 months ago her Visa expired, she appealed for an extension but was refused under maintenance funds and the fact that her mothers (sponsors) birth certificate and bank statements had not been translated from Spanish to English. She studied English and Music during her stay and worked for a catering agency doing 20-40 hours a week (this is also a concern with her application - we believe declaring excess hours could complicate things) I spoke to a friend who is a Solicitor in law and he suggested we didn't appeal. It was her birthday around 2 weeks before she was due to fly home, I took her out for a romantic meal, got down on one knee and proposed
I thought it would lovely if we could get married in Mexico, and we intend to have another ceremony in England in 2011 We'll be wed within the first week of December, so we have a month left now to prepare paperwork for her application.We should have enough evidence to show ongoing contact - telephone bills, many photos (plus pics of the wedding and honeymoon), emails, Facebook messages (i'm not sure if these are acceptable?), I also have catalogue receipts listing items i'd bought for her birthday and thought these may be valid if I have pictures of the items along with the receipts? I'll also send in a supporting letter, describing our intentions for our future together in London, how we met originally and so on. Will this all be enough to satisfy the ECO?
Now, my main concerns:
1. Is the ECO likely to find out about the excess hours she had worked whilst on a Student Visa? If so, will this be held against her application?
2. Accomodation - I presently live in a 3 bed council flat with my mother. My mother would gladly put my fiances' name on the tenancy agreement, however she feels the council here would not allow it (for many reasons) and it seem I need to show evidence of both. I think it would be better if I moved, however I can only afford a flat share at present. If, for example the flat share is 3 bed and already has 3 tenants (including myself), is the ECO likely to see this as overcrowding? Bearing in mind we will indeed be sharing the room. And is the landlord likely to agree to her name being registered on the tenancy? She'll be working so she will be able to afford her own rent.
3. Finance - Now this is my greatest concern. I have been living from a £1500 approved overdraft facility for close to 2 years now. Right before payday every month I am just under £1500 overdrawn. I work full time, earning a minimum of £1210 per month after tax, however I can work enough overtime to reach £1700, maybe more. I've read that I must show £102.75 in my account every week for 3 months (3 bank statements) after paying rent, council tax and utility bills to support us. I also have £500 credit card debt (i'm paying £13 minimum a month and the balance is still £500) plus a £1000 bank loan (I pay back £60 a month for this) and these show on my bank statements. I also owe around £1200 to a catalogue, however I do not pay this by debit so it doesn't show on the statements nor the receipts i'll provide as evidence of ongoing contact.
I would like to know if the ECO will look at me as the sole provider to us both? It is likely that my fiance can show that she has guaranteed work almost immediately upon arrival to London, earning between £800-£1000 per month. She can contact her old catering agency and receive confirmation of guaranteed employment, will the ECO consider this? And will the ECO want to see a certain amount in her own account in the application?
We have decided it best to delay her application until I am able to clear my debts, reduce my overdraft (hopefully eliminate) and arrange suitable accomodation. We feel the chances of refusal are high if these requirements are not met.
I sincerely appreciate you taking the time to read my concerns (apologies for the length) and hope to receive advice and opinions on the issues in question.
Thank you so much everybody.
