Spouse (i.e. sponsor) not in the UK: Application Impacts?

[akalf]

Hi there,

My partner Justin recently got his citizenship (by descent) and we're both planning to move to the UK. Neither of us have ever been.

I’m looking at the unmarried spouse Visa through the out-of-country application process. We both want to stay in Canada during the application review, and if my Visa is approved, we’ll move there as soon as one of us finds work. Realistically, we might have to bite the bullet and go there to find work after landing (with a Visa in hand).

For now, my biggest question is: does Justin already have to be in the UK in order to sponsor me? Here are specific areas that are not clear to me.

MAINTENANCE AND ACCOMODATION

* Local address for the sponsor (with proof of accommodation arrangements): we don't have one but we have financial means to secure a rental once we get there (by selling our house in Canada, we'll have enough liquid money to make a case for it). Does financial status suffice? How have others dealt with this criterion without living in the UK yet?

* Sponsor’s work situation: again, sounds like they’re expecting Justin to already hold a job in the UK. He's employed here and has a good work/education history. Does that suffice?

I appreciate any insight you can give me!

Thanks,
Annie

[Lucapooka]

Realistically, we might have to bite the bullet and go there to find work after landing (with a Visa in hand).

On the contrary, that could be unrealistic. The visa will not be granted if you don't have ongoing income and/or substantial savings. However, you say you are selling the house so that would have to be a liquid asset at the time. The amount of savings for a couple could be as much as 13,000 (27 months of the minimum amount necessary). Additionally you will need adequate accommodation. You will need to provide proof of both when you apply. If your partner's work and income will cease when he moves to the UK, that may not be considered as on-going.

A viable alternative would be for everyone to visit the UK. Justin uses that time to find work and arranges accommodation. You can then return to Canada after six months to apply for settlement.

[akalf]

I see your point. So if we don't have continuous income but can prove we have 27 months of savings, it may be acceptable? We have the equivalent of 18,000 in liquid cash and the rest that'll come from selling the house is bonus consideration.

I'm still stumped about accommodations. I read that it's best not to make any commitments until the visa is approved. Yet they want an address. We have no friends or family in the uk. Frankly, it's not that hard to find a flat from a private let once we get there. I feel stuck with this requirement.

Please advise, thanks.

[Lucapooka]

Well there are accommodation agencies who can help you relocate but that would require you to make a decision and contract before you have seen the property. Alternatively, if you can show you can easily afford to live in a hotel for some time, you can have hotel accommodation booked and evidence this, and evidence that you have pre-selected some flats to view and make a decision after you have arrived in the UK.

Or, chose the visit option as previously mentioned. You have said that both of you have never previously been to the UK. You might hate it and to make a commitment to live there without first actually seeing it is rash, to say the least.

[akalf]

New city, new country, we like surprises

Is booking a hotel frowned upon? I'm curious to know if anyone had their visa approved using this approach. I like the idea though and will include confirmation details.

I can preview some places and say that I've done so but with the application process taking upwards to 3 months (Toronto processing time), I don't see how this will be a convincing point for them. Flats come and go every day!

[Lucapooka]

It's not common but it happens but you need to show you can afford this and that it is not a long-term measure (unless you Major Gowen in Fawlty Towers). It has happened to my colleagues and I'd probably have to do he same if I were to return to work in UK at short notice. My house in London is let to tenants and I would only look for a short-term rental after arriving in the UK.

[akalf]

Hi again, I have a follow-up question on the maintenance amount.

Aside from the requirement to demonstrate I have enough funds to cover 27 months of living expenses [1], you also mentioned the 13,000 amount. I understand that the UKBA has or will be enforcing a new amount this spring. I can't for the like of me find an official reference. Can you point me to the UKBA home office page where this is specified for family visas? There's lots of talk about this on message boards but I'd like to get to the source of the information.

Thanks

[1] http://www.ukba.homeoffice.gov.uk/visas ... intenance/

[Greenie]

The rules have not changed yet and the exact nature of the changes have not yet been announced. They are due to announce them next week.

[akalf]

Thanks for the clarification Greenie.

I just found a publication on UKBA from November 2011 that the Migration Advisory Committee (MAC) made a recommendation to set/increase the minimum income amount [1]. However, there's no mention of whether this recommendation would be accepted and when it would take effect.

How do you know that the changes will be announced this week? I'm curious to know where I should be looking.

Thanks

[1] http://www.ukba.homeoffice.gov.uk/sitec ... mily-route

[Greenie]

http://www.immigrationboards.com/viewto ... &start=240

[akalf]

Well there are accommodation agencies who can help you relocate but that would require you to make a decision and contract before you have seen the property. Alternatively, if you can show you can easily afford to live in a hotel for some time, you can have hotel accommodation booked and evidence this, and evidence that you have pre-selected some flats to view and make a decision after you have arrived in the UK.

Hi Lucapooka and others,

I've been mulling over this accommodation requirement. I've looked at self-catering apartments and most ask for upfront payment in full with a shady refund policy. No one on their right mind would commit to 5K worth of accommodations without knowing if they will be approved for the visa and on which day they'll be arriving (visa processing times vary drastically).

I found some places where I can book without providing a deposit, much like a hotel. Does this provide reasonable assurance?

"Reasonable" sounds very subjective, much like the advice shared in this forum. I think we're all speculating here together because the requirement for accommodation is very unclear in terms of what's acceptable when you're not in the country yet. For those who think the requirement is actually quite clear, then I wonder if you think it's unreasonable to be expected to have a place without knowing yet if you have a visa!

Bottom line: I have sufficient funds, London has thousands of flats available at any given time...supply and demand, my friends. I just don't know if UKBA will see it this way and I feel there's no way to know ahead of time.

[Lucapooka]

The requirement is anything but clear but as with all rules, there is citation and there is implementation. How the individual ECO views your circumstances will matter greatly in any decision.

Generally, hotel accommodation would be ruled out but then it depends on the circumstances. If you are wealthy, and need to wait for permanent accommodation to become available, staying in a hotel is fine. I've seen this many times but we are referring to people who are suddenly in a rush to return to the UK for work reasons and are well-remunerated and can provide good, credible evidence that they can afford hotels for the limited bridging period until their permanent accommodation can be secured. It has worked for others but it may not work for you and I would not suggest this approach to anyone who is not immigration savvy or is not using professional services. Presentation is the key. Explain why you don't have a tenancy agreement but have evidence of well-advanced plans to secure one on arrival. The evidence from the property managers who are offering the accommodations will also be vital.