Spouse Visa HELP - New Joiner

[zeezidane908]

Hi All,

I am a british citizen born in the UK.

I got married abroad in Lebanon and my wife has dual passport. She will stay working their and therefore she will come to UK in the summer of 2021 to permanently stay with me (2 years from now).

Questions:

1) Does it matter which passport I use for the spouse visa on her behalf or do I submit all copies

2) Do you advise I do the application now incase she wants to come next year or something for a short stay. Or should I only submit the application a few months before she intends to come?

3) If I submit the application early, will that have an affect on the Indefinite leave to remain after 5 years? I.e must she be in the UK for the 5 year period to start before applying for citizenship?

[CR001]

1. The form will likely ask if she holds any other nationalities and she needs to answer honestly.

2. She should apply when she is ready to come to the UK. An initial visa, if approved, is only granted for 30 days.

3. For Indefinite Leave to Remain, she requires 5 years residence and it only starts counting when she arrives in the UK. Citizenship is completely different rules and requirements.

[zeezidane908]

You mention An initial visa, if approved, is only granted for 30 days. However it says online it is for 33 months..??

[CR001]

You mention An initial visa, if approved, is only granted for 30 days. However it says online it is for 33 months..??

The initial visa vignette is valid for 30 days to facilitate travel to the UK. Once in the UK, she would need to attend the nominated Post Office to collect her Biometric Residence Permit (BRP), within 10 days of arriving, and take her passport to show her entry stamp on the 30 day visa vignette. The BRP will be the full validity of the visa.

[zeezidane908]

Ok just to clarify what my next steps are:

1) Apply for spouse visa before she wishes to come (summer 2021) which allows her to stay 33 months- How long before should I apply to ensure it is done in time? Would January 2021 be early enough?

2) Apply for extension once this time ends or before it comes to an end??? - This would be for 30 month extension.

3) Apply for indefinite leave to remain or citizenship?? Whats the difference? I want to ultimately allow her to get a british passport.

4) Does it make a difference from which country she submits the application? She has Lebanese passport and another nationality. Is it possible applying from one country is faster?

5) Which website do I apply from is it the Gov.uk site or the https://www.visa4uk.fco.gov.uk

[CR001]

1) Apply for spouse visa before she wishes to come (summer 2021) which allows her to stay 33 months- How long before should I apply to ensure it is done in time? Would January 2021 be early enough?

It depends when she wishes to come. Applications can take 60 days up to many months to be decided. She needs English A1 and you must meet the financial requirement and adequate accommodation.

2) Apply for extension once this time ends or before it comes to an end??? - This would be for 30 month extension.

Yes, usually you apply within 28 days before reaching 30 months residence. The financial and English A2 requirement will be needed plus 2 years evidence of cohabitation documentation.

3) Apply for indefinite leave to remain or citizenship?? Whats the difference? I want to ultimately allow her to get a british passport.

She applies for Indefinite Leave to Remain first. This is a mandatory requirement before she can apply for citizenship.

4) Does it make a difference from which country she submits the application? She has Lebanese passport and another nationality. Is it possible applying from one country is faster?

I can't comment on speed of decision as you don't state what the 'other nationality' is but yes some countries are much quicker than others. She must apply in a country she has legal residence, i.e not admitted as a visitor for example.

5) Which website do I apply from is it the Gov.uk site or the https://www.visa4uk.fco.gov.uk

https://www.gov.uk/uk-family-visa/partner-spouse

[zeezidane908]

First of all I just want to say that you are AWESOME. You have helped me much more than any other lawyer I know.

1) Regarding financial requirement I do meet this. Regarding accomodation i read that someone has to view the house and provide a report to show it isnt overcrowded etc because I live with my parents ATM.

2) Does she need to do these english tests as she graduated abroad and her degree was in english.

3) noted

4) Her other nationality is Columbia. So she has lebanese and columbian passport. She travels between both countries and both passports are valid. Hence my question if it is easier to apply from one or another. She does however spend more time in Lebanon.

[CR001]

1) Regarding financial requirement I do meet this. Regarding accomodation i read that someone has to view the house and provide a report to show it isnt overcrowded etc because I live with my parents ATM.

A housing inspection report is only require if you share a property with other non related people. Do your parents rent or own?

2) Does she need to do these english tests as she graduated abroad and her degree was in english.

If she has a foreign degree, then she needs UKVI NARIC, Red Route English and comparable assessment. It costs about £150.

4) Her other nationality is Columbia. So she has lebanese and columbian passport. She travels between both countries and both passports are valid. Hence my question if it is easier to apply from one or another. She does however spend more time in Lebanon.

Either country. Both countries have similar processing times.

[zeezidane908]

My parents rent the property.

Do you recommend me getting a head start on certain things ahead of time? As long as it doesn't expire? i.e maybe I can start on doing the NARIC, anything else I could get start on that doesn't expire.

[CR001]

My parents rent the property.

You would need their tenancy agreement and a letter of no objection from the landlord and their most recent council tax bill as well as a letter from them stating she can live there.

Do you recommend me getting a head start on certain things ahead of time? As long as it doesn't expire? i.e maybe I can start on doing the NARIC, anything else I could get start on that doesn't expire.

NARIC can be done now yes. All other documents need to be recent at the date of online application and employer and no objection letter etc cannot be older than 28 days when she applies. The same would apply to your payslips and bank statements, which must be the most recent 6 months if PAYE employed with the most recent not older than 28 days. If you are self employed, there are substantially more documents required.

[zeezidane908]

When am I required to provide the documents listed below? The tenancy agreement etc..

Also what if I was renting, is the requirement different?

Lastly regarding your response above. UKVI NARIC, Red Route English and comparable assessment.. are these 3 separate things I need ? or is it under one document? On the NARIC there are three that read similar and are: Qualification reference statement, visa and nationality service, and statement of comparibility.

[CR001]

When am I required to provide the documents listed below? The tenancy agreement etc..

Once she has applied online.

Also what if I was renting, is the requirement different?

Same documents, your tenancy agreement and no objection letter from your landlord etc.

Lastly regarding your response above. UKVI NARIC, Red Route English and comparable assessment.. are these 3 separate things I need ? or is it under one document? On the NARIC there are three that read similar and are: Qualification reference statement, visa and nationality service, and statement of comparibility.

https://www.naric.org.uk/visas%20and%20 ... /FAQs.aspx

[seagul]

Despite start doing planning for spouse visa is good idea but it must only be applied when all documents by adhering the 28 days rules are in hand. As you have planned to apply after 2 years and by that time HO list of approved English test, fees or other requirements might have changed (keep in mind). You can also apply by using priority to get faster decision.

[zeezidane908]

I am going to have my wedding ceremony next July.

But I will also search for a home early next year (January for example).

Lets say I find a place by February and I get my spouse visa approved the same month.

My wife wants to come to help choose things for the house (she also has to come within 30 days anyway). She will come for about 3/4 weeks to help setup the house.

She will then return back to middle east from March til end of the wedding and honeymoon period (end of july).

My Question is: How long can she spend outside of the UK without affecting the spouse visa? Or shall I do a tourist visa for her to come help setup the house alongside the spouse visa?

If I should just do a spouse visa, how long can she be outside of the UK in any given year?

The aim is for her to become a british citizen so I do not want the time outside the UK to affect her spouse visa.

[CR001]

There is no absence limit for spouse visa holders.

Spouse visa and ILR rules are completely different and separate to British citizenship laws.

[zeezidane908]

When talking to solicitors they mentioned you are allowed to be outside of the UK for up to 180 days in any given year for the ILR application, but you cannot be outside of the UK for more than 90 days in any 12-month period in the five years preceding your naturalisation application.

How does this affect me if I eventually intend to apply for a naturalisation application for her in the future?

Whereas you said there is no absence limit? Does it affect her when she comes to apply for the extension?

[CR001]

When talking to solicitors they mentioned you are allowed to be outside of the UK for up to 180 days in any given year for the ILR application, but you cannot be outside of the UK for more than 90 days in any 12-month period in the five years preceding your naturalisation application.

They are very confused, no surprise there and talking utter crap. The absence limit they are referring to is for a completely different visa category and NOT a spouse settlement visa leading to ILR. The citizenship requirements are completely different and it is no more than 270 days absence in the 3 years preceding the date of application and no more than 90 days absence in the 12 months immediately preceding date of application.

How does this affect me if I eventually intend to apply for a naturalisation application for her in the future?

Note you don't apply FOR HER. She has to apply herself and meet the 3 years residence requirement as spouse of British citizen, explained above.

Whereas you said there is no absence limit? Does it affect her when she comes to apply for the extension?

A spouse visa, extension and ILR, requires residence in the UK with documentary evidence to prove it. She cannot live abroad for 5 years and expect to gain ILR by only popping over to the UK to visit a couple of times per year.

[zeezidane908]

Based on what you have said, is she able to apply for naturalisation after 3 years? (As spouse of a British citizen) or would her situation only be eligible for the 5 year route?

If so How would she go about attaining ILR after 3 years, I am assuming the requirements for 3 vs 5 differ..

[CR001]

Based on what you have said, is she able to apply for naturalisation after 3 years? (As spouse of a British citizen) or would her situation only be eligible for the 5 year route?

She needs ILR first and that takes 5 years under the immigration rules. Once she has ILR, she can apply for citizenship if she meets the requirements based on 3 years residence as married to a British citizen.

If so How would she go about attaining ILR after 3 years, I am assuming the requirements for 3 vs 5 differ..

You can't get ILR after 3 years anymore. Pre 8th July 2012 spouse visa were granted for 2 years, then they held ILR for 1 year to apply for citizenship.

For citizenship, the only difference is the absence limit between 3/5 years. All other requirements are the same.

[zeezidane908]

Hi keeping my questions here as you advised to avoid starting new sub forum

Regarding the parents of my wife, do they not ask for their names or anything in the application either? Asking as they have them written different on each passport due to local laws.

[CR001]

Having your parents names in your passport is only specific to certain countries and has no bearing on an application.

Their information or documents are not required. If the form ask for the names, simply complete as required. Nothing else needs to be submitted.

Note we don't all have sight of the online forms for every visa route.

[zeezidane908]

As I have just noticed online it says it needs "your parents’ date of birth and nationality if you’re applying from outside the UK"


It then also says "Your life outside the UK - You’ll need to give details of:
countries outside the UK you’ve lived in and visited family and friends in the countries where you were born or have nationality"


Hence why I am not sure

[CR001]

Simply provide the information in the form. It isn't a trick question and documents to prove parental lineage are not required.