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Dependent Tier 2 visa - Subsisting marriage

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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oj.bulmer
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Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Dependent Tier 2 visa - Subsisting marriage

Post by oj.bulmer » Mon Jan 12, 2015 2:06 pm

Hi

My wife is going to apply for Tier 2 dependent visa next week from India and from what I read on this forum, one area where UKVI documentation is vague about is subsisting relationship. Our wedding took place on 15 November and it will be 2 months after that she is applying. So I don't know if this qualifies for "long enough period" to provide and evidence for the subsisting relationship.

Nevertheless I am attaching following:

1) Original marriage certificate
2) Wedding photographs
3) Wedding invitation with translation/affidavit
4) Whatsapp chats (sample 4 pages for each month for 5 months, so total of 20 pages. The total conversation goes beyond 300 pages!)
5) Itemized bill for my phone number with my name/address showing frequency of her number in the call list for last 6 months

Now, I have a dilemma about #3 and #5

#3: Wedding invitation was in regional language. Do I need to print English invitation, or can I get a declaration from notary about the information in the original invitation (Names of bride/groom, venue, date etc)?

#5: She informed me that the number she has been using for all these months is not on her name! Does UKVI do any checking about whose name the phone number in the application registered to? If UKVI find out the number is not registered on her name, it may just amount to lying on the application and then the consequences are dire. I didn't know about this until just last week so don't know what to produce for call records :(

Any help would be appreciated, especially moderators..

Thanks a ton already!

oj.bulmer
Newbie
Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Re: Dependent Tier 2 visa - Subsisting marriage

Post by oj.bulmer » Wed Jan 14, 2015 11:26 am

Anyone folks? Manci, Amber, Sushdmehta?

manci
Respected Guru
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Joined: Wed Feb 15, 2012 10:10 am

Re: Dependent Tier 2 visa - Subsisting marriage

Post by manci » Wed Jan 14, 2015 11:40 am

leave out #5, IMHO the other documents are adequate evidence that yours was a genuine marriage, not a scam.

oj.bulmer
Newbie
Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Re: Dependent Tier 2 visa - Subsisting marriage

Post by oj.bulmer » Wed Jan 14, 2015 12:23 pm

Thanks Manci. I have couple of additional questions.

1) Whatsapp chats are available only as plain text files, so the printouts will only include timeprints with her and my name and our chats, can this be credible as an evidence of subsisting relationship? With #5 omitted, I have enough evidence for the wedding taking place but not sure I have enough for subsisting relationship? More importantly, given the time is just 2 months, is the evidence for subsisting relationship really importance towards application?

2) What do you think is more preferable of the two below:
a) English wedding invitation (that was not used actually for the invites - some of my friends submitted this)
b) Wedding invitation in regional language (which was used for the invites) along with a notarized affidavit on bond paper that states
names of bride, groom and parents, wedding venue/date/time etc?

Thanks a lot!

oj.bulmer
Newbie
Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Re: Dependent Tier 2 visa - Subsisting marriage

Post by oj.bulmer » Thu Jan 15, 2015 1:52 pm

Any comment manci? Would appreciate since we are applying early next week. Thanks :)

oj.bulmer
Newbie
Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Update

Post by oj.bulmer » Wed Jan 28, 2015 11:39 am

Hi,

Fist of all thanks Manci for your comments. As usual they were very helpful.

This is an update for anyone who may stumble upon this post and has similar questions. My wife got her visa approved today and we are very excited about it. I have attached template for cover letter and employer's sponsor letter she used as a reference. For the evidence of subsisting relationship, I probably provided more than necessary evidence because I didn't attach itemized bill for my number (because her number was not in her name!). But if both the main applicant and dependent have itemized bills in their name, then the phone bills are an excellent evidence for subsisting relationship.

=============================COVER LETTER=======================================
Date: DD/MM/YYYY

Subject: Application for Tier 2 General Partner dependent visa

Dear Sir,
I, DEPENDENT (Passport No. XYZ123), married MAIN APPLICANT (Passport No. XYZ123, BRP No. XYZ123) on WEDDING DATE in HOME COUNTRY and would like to apply for entry clearance to the UK under Tier 2 General Partner dependent visa category.

Following is a list of the documents I have provided with the Tier 2 General Partner dependent visa application:

Documents of the main applicant:

Travel document and evidence of permission to enter and stay in the UK:
1) Self-attested colour copy of front and last page of the passport (XYZ123)
2) Self-attested colour copy of Biometric Residence Permit (XYZ123)
3) Color copy of other pages in the passport (I didn’t sign these but I would recommend)

Evidence for maintenance requirement:
1) Letter from employer of main applicant, COMPANY, confirming a written undertaking that they are willing to maintain and accommodate me for my first month in the UK should it become necessary. COMPANY is an A-rated Tier 2 General sponsor with licence number XYZ123.
2) Online statement from bank (BANK) of the main applicant, with their official logo and stamps on each page certifying the authenticity of the statement, showing that that the funds in the account have not fallen below £630 in the period of START DATE to END DATE (more than 90 days immediately before the application). Account details are as following:
• Account holder : MAIN APPLICANT’S NAME
• Sort code:
• Account number:
• Address of the bank that certified the online statement:
3) Payslips for the period of MONTH YEAR to MONTH YEAR

Address proofs in the UK:
1) Tenancy agreement in the name of main applicant for a one bed flat stating that the tenancy commences on DATE, signed on behalf of landlord by his agent.
• Address of the flat where I will stay with main applicant:

• Address of the agent:

2) Bank statement mentioned above in the section "Evidence of maintenance requirement" showing name and the address of the main applicant

Documents of the dependent:
1) Duly filled and signed online Tier 2 General Partner dependent application form with two recent passport sized colour photographs
2) Original passport (XYZ123)
3) Certificate issued by MEDICAL CLINIC, a medical practitioner listed in Appendix T Part 2, confirming that I have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present
4) Original copy of my XYZ degree certificate


Evidence of marriage and subsisting relationship:
1) Original copy of marriage certificate
2) Photos of engagement ceremony, wedding ceremony and reception
3) Wedding invitation in regional language along with the notarised affidavit in English which translates the invitation
4) Chat transcripts of our conversation on Whatsapp messenger. Since all the chat transcripts need more than 300 pages to print, samples taken at regular interval in the period between MONTH YEAR to MONTH YEAR are included.
5) Emails exchanged between me and the main applicant
6) Copy of the return tickets for the main applicant to travel to HOME COUNTRY for the wedding ceremony that took place on WEDDING DATE.
7) Self attested copies of the stamps on the passport of the main applicant by immigration officers at HOME COUNTRY AIRPORT and UK AIRPORT confirming that the main applicant travelled to HOME COUNTRY on ARRIVAL DATE and departed HOME COUNTRY (and arrived in UK CITY) on DEPARTURE DATE.
8 ) Email of wedding invitation to friends and Facebook post about relationship status of the wedding album and comments by friends after wedding.

I have provided all the documents as advised in the checklist provided in the document "Guide to supporting documents" and other relevant documents in support of my application. I request you to kindly consider my application and grant me entry clearance to the UK under Tier-2 General Partner Dependent category.

The documents and information are true to the best of my knowledge. If you have any questions or require additional information regarding any aspect of my application, please do not hesitate to contact me.

I thank you for your kind assistance in this matter and look forward to your favourable reply.

Yours Sincerely,


DEPENDENT'S SIGNATURE
DEPENDENT'S NAME
DEPENDENT’S ADDRESS
DEPENDENT’S CONTACT DETAILS


==============================================Company's sponsor letter==========================

Date: DD/MM/YYYY
UK Visas & Immigration

Subject: Maintenance for the dependent of Mr MAIN APPLICANT

Dear Sir/Madam,

Mr MAIN APPLICANT is currently working in our office in COMPANY'S TOWN as DESIGNATION on Tier 2 general visa which we have sponsored. He married with Ms DEPENDENT on WEDDING DATE and is in the process of applying for her Tier 2 General Partner dependent visa from HOME COUNTRY.

I hereby write to confirm the undertaking that COMPANY are willing to maintain and accommodate the wife of Mr MAIN APPLICANT (the dependent mentioned below) during her first month in the UK should this become necessary. This should cover the maintenance requirement of £630 (CHECK THE LATEST REQUIREMENT!) for her Tier 2 General Partner dependent visa application.

Please find below the details of the main applicant and his dependent:

Main applicant:
Family name:
Given names:
Date of birth:
Passport No.: XYZ123
Current Visa: Tier 2 General (BRP No. XYZ123)
CoS No.: XYZ123
Designation:
Address in the UK:

Dependent:
Family name:
Given names:
Relationship with main applicant: Spouse
Date of birth:
Passport No.: XYZ123
Address in HOME COUNTRY:

COMPANY is an A-rated Tier 2 General sponsor and our licence number is XYZ123.
Please do not hesitate to contact me should you require any further clarifications.

Contact details:
Tel: <Direct line>
Email:

Yours faithfully,
HR PERSON'S NAME
DESIGNATION
COMPANY'S ADDRESS

TDDFA
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Joined: Thu Jul 30, 2015 2:50 pm

Re: Dependent Tier 2 visa - Subsisting marriage

Post by TDDFA » Thu Jul 30, 2015 7:15 pm

Hi

Your letter and documents are amazing. However, in my case there are lots of limitations , such as , letter from my sponsor is not flexible as yours (my sponsor is a university and they have a single format of letter which shows I'm working there and my salary and duration of contract). The HR doesn't accept to add my wife's name or ....
2- my wife is Chinese and Facebook status and .... is not possible to have since all those media are filtered Even if she uses Chinese app all friends will comment in Chinese, so who wanna translate a Chinese app to embassy
3- since I'm not Chinese , we just registered in a government office and later we had very small dinner with close friends all Chinese , so we didn't have wedding and pictures and invitation
4- I can't export chat history since we use a Chinese app called WeChat, I only can take screen shots from last few months.

As Im reading more and check others situations, I'm more hopeless and hopeless to have a successful application :-(

My wife was a lecturer in a university in China and she resigned in July at the end of university Calendar :-(

We just have lots of photos from 2012 till last month in several places, and my china visas and contracts which shows I was in China for about two years.

Please let me know , is there any hope my wife can join me in UK or I need to find another painful alternative such as give up my job?

We didn't think for 35 years old couple we should record our video chat or collect our chat history :(

Sorry guys, I'm really upset
Cheers

oj.bulmer
Newbie
Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Re: Dependent Tier 2 visa - Subsisting marriage

Post by oj.bulmer » Thu Jul 30, 2015 8:04 pm

Yes your situation is a bit unique but the requirement of proving a subsisting relationship is something that not many are aware of. And things are just getting more and more difficult in current climate. If you are concerned, as I suggested, take help of a solicitor, either someone in China in her town/city who is experienced in UK immigration cases or hire a solicitor in the UK. If you shop around, you may find some solicitors who will charge a moderate fee for it but they will make your case and will prove in the cover letter how your wife meets the criteria set in each section of immigration rules for dependent visa.

There is no fixed format for the maintenance letter but it needs to mention that the sponsor is ready to maintain your dependent for first month, should it be required. If your university is not ready to give this letter, you would need the maintenance funds in your bank account for three consecutive months. Have a look at the policy document for the amount of maintenance funds.

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