Country of application for spouse settlement visa?

[Mohammad24]

Hi,

I'm an Indian national, currently working in the Philippines, and I intend to apply for a spouse settlement visa to go to the UK with my wife, God willing.

My payslips, bank statements, etc will be for the company I am working for here in the Philippines.

My question is, will it make a difference if I go to my home country (India) to apply for the spouse settlement visa? Bearing in mind that all my employment details (letters, payslips, Bank statements) are for the Philippines?

Also, regarding the Supporting documents guidance notes for the spouse settlement visa... it states that:

a letter from your employer on company headed paper – this should list your salary and the length of your employment, confirm that you have been given time off work, and state whether this time off is paid or unpaid

Is the above necessary? And if so, will this letter create any complications because my company employment confirmation letter only confirms the date my employment commenced, and it confirms my salary... it doesn't mention anything about any time off as they haven't given me any time off...

Furthermore, even if I go on my annual leave the company will not give me an employment confirmation letter confirming my employment start date, along with the company name, my position, and salary. Nor will they state that i am on annual leave from so and so date to so and so date.

So:

1) Will the fact that the company haven't specified a "leave" period in the letter create any complications?

2) Will me applying from India create any complications-will the embassy ask why I've come to my home country to apply, and question why I never applied from the Philippines, or is it OK to do it this way?


Thank you in advance.

[Kitty]

It looks to me as though they have simply carried the wording about employment straight over from the Visitor guidance (when having leave from work would be relevant to your trip and confirm an intention to return).

In any event, your evidence about your job in the Philippines is relevant largely to satisfy the ECO that any money you are saying you have towards your maintenance in the UK is actually yours: in this case you can prove it by showing you've earned it.

As long as you can show you satisfy the Immigration Rules (and not whatever "guidance" the UKBA sees fit to produce), then you should be fine.

As to where you should apply from, it's up to you. Check the local processing times, as applications in India usually take around 3 months: Manila might be quicker.

[Mohammad24]

It looks to me as though they have simply carried the wording about employment straight over from the Visitor guidance (when having leave from work would be relevant to your trip and confirm an intention to return).

In any event, your evidence about your job in the Philippines is relevant largely to satisfy the ECO that any money you are saying you have towards your maintenance in the UK is actually yours: in this case you can prove it by showing you've earned it.

As long as you can show you satisfy the Immigration Rules (and not whatever "guidance" the UKBA sees fit to produce), then you should be fine.

As to where you should apply from, it's up to you. Check the local processing times, as applications in India usually take around 3 months: Manila might be quicker.

Regarding the bold part-spot on! That's exactly what my wife and I were thinking. It makes no sense to have such a requirement for the "Spouse settlement visa" as the idea behind that visa is as it's names suggests-to settle.

So If my company letters doesn't state that they've given me a leave, but states the date my employment commenced, my salary, etc, all should be OK?

Yeh, you're probably right about the timeline-the only problem is, I don't have a long term visa for the Philippines (they keep renewing my visa every few weeks, and I'm on a temporary visa atm) which is why I was thinking of going to India to apply from there.

Thank you for your help Kitty.

[Mohammad24]

Also, if I decide to apply from India, is there a fee I can pay to have my application processed quicker, and if so, how much will it cost?

Thank you.

[batleykhan]

I don't know why you are so worried about your own employment, because the decision to grant or refuse visa will depend on YOUR WIFE'S employment.

She has to prove she can maintain , support and accommodate you here in UK without recourse to public funds.

I would make sure your wife's documents are all OK , rather than worry about your own.

[Mohammad24]

Actually, it's me that's supporting my wife. The reason I am supplying my employment letter, bank statements, payslips etc... is because my wife doesn't work and doesn't financially support me.

I'm working and have some savings. My wife is a house wife, and although she is my sponsor, it is I who will be showing that I can finance us both God willing.

My wife will be writing a letter to confirm that she is my wife and my sponsor and she will be providing evidence of our accommodation (mortgage statements, letter from the owner of the house providing us with permission to stay at that accommodation).

Is there anything else that's required from my wife to provide?

Thank you.

[batleykhan]

Actually, it's me that's supporting my wife. The reason I am supplying my employment letter, bank statements, payslips etc... is because my wife doesn't work and doesn't financially support me.

I'm working and have some savings. My wife is a house wife, and although she is my sponsor, it is I who will be showing that I can finance us both God willing.

My wife will be writing a letter to confirm that she is my wife and my sponsor and she will be providing evidence of our accommodation (mortgage statements, letter from the owner of the house providing us with permission to stay at that accommodation).

Is there anything else that's required from my wife to provide?

Thank you.

Whilst I accept what you say about your work,but what guarantees can you give that you will be able to find work here in UK upon arrival and earn enough to support you both.

Jobs are very scarce and difficult to get here in UK,particularly at this time when so may people are being laid off work. Good luck though with your application

[Mohammad24]

Masha'Allah, I'm a SAP certified consultant and I just missed applying for Tier 1 General, as I was tied to a contract, and because the Tier 1 general has been abolished, we're now looking into the alternative-spouse settlement visa.