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Spouse Visa Document Required

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Year2012
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Spouse Visa Document Required

Post by Year2012 » Mon Dec 03, 2012 3:30 pm

Hi All,

I am applying for the spouse visa currently, and have couple questions regarding the required document. Can someone here help me to reslove my puzzles ?

1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?

2. What kind of document I need to show them to prove that I meet suitability requirement ?

Those are two questions I had so far. Thanks so much for people who spend time on my threads and help me reslove all the questions ! And good luck to everyone !

Damanisshallo
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Re: Spouse Visa Document Required

Post by Damanisshallo » Mon Dec 03, 2012 5:00 pm

Year2012 wrote:
1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?
Firstly! Are you married? If so Marriage Cert
Housing: Either Tenancy agreement/morgage
read

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf
Year2012 wrote: 2. What kind of document I need to show them to prove that I meet suitability requirement ?
Your salary slips depending upon which category you fall...Read

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
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Year2012
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Re: Spouse Visa Document Required

Post by Year2012 » Mon Dec 03, 2012 7:27 pm

Damanisshallo wrote:
Year2012 wrote:
1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?
Firstly! Are you married? If so Marriage Cert
Housing: Either Tenancy agreement/morgage
read

http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf
Year2012 wrote: 2. What kind of document I need to show them to prove that I meet suitability requirement ?
Your salary slips depending upon which category you fall...Read

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Damanisshallo, thanks for the tips. I read the rules and requirement on UKBA website. In order to prove the relationship is genuine and subsisting, it require to show that
a. I and my partner are in a current, long-term relationship.
I guess the marriage certificate will be sufficent to meet this requirement. Please let me know if I am wrong.

f. We have made plans about living together in the UK.
Is it sufficent to use marriage certficate as evidence for this one as well ? In terms of house, since my partner owns the flat, and it is very complicate and time consuming to add my name to the mortgage and land register. All the changes will affect the mortgage contract, so we decided not to change anything to the mortgage . Is there anyother document I need to show to prove this requirement ?

In terms of suitablilty requirement, except to use the salary slips to meet the maintenance requirement, what other document I need to show to meet the rest of the suitablity requirements ? It seems that there are more than maintenance and accommodation requirement to meet under the suitablity requirement.

In terms of accommodation, what kind of document do I need to provide to prove to meet their requirement ? Morgage statement, floor plan.. ?

Thanks !!

Damanisshallo
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Post by Damanisshallo » Mon Dec 03, 2012 7:39 pm

Could you please confirm what Category do you fall in A,B,C ....? So that I can hit the bull's eye.

Give further details like any kids? Do both of you work? Who is who's dependant? Yela yela yela....


As there might many grey areas...
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Damanisshallo
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Re: Spouse Visa Document Required

Post by Damanisshallo » Tue Dec 04, 2012 10:48 am

Year2012 wrote:What kind of document I need to show them to prove that I meet suitability requirement ?
As long as I understand, suitability requirement
This page sets out the suitability requirements for applying to enter or stay in the UK as the family member of a person who is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection.

This information is based on Appendix FM of the immigration rules.

Your application for entry or permission to stay in the UK as a family member will be refused if:

the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
you are the subject of a deportation order;
it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
there are medical reasons why you should not be allowed to enter the UK;
you have provided false information or documents or not told us relevant information;
you have NHS charges of more than £1000 that have not been paid; or
you have not provided a maintenance and accommodation undertaking that we requested
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Year2012
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Post by Year2012 » Wed Dec 05, 2012 5:24 pm

Damanisshallo wrote:Could you please confirm what Category do you fall in A,B,C ....? So that I can hit the bull's eye.

Give further details like any kids? Do both of you work? Who is who's dependant? Yela yela yela....


As there might many grey areas...
My case is very straighforward. We just got married, no kids, and my partner is going to sponsor me. I don't have job right now, but his income meets the income requirement, which is category B I guess. As I mentioned above, I am not quiet sure what kind of document will be sufficent to show that I meet those requirements:

1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?
Marriage License ? or do I need any additional draft plan or any letters ?

2. What kind of document I need to show them to prove that I meet suitability requirement ?

This page sets out the suitability requirements for applying to enter or stay in the UK as the family member of a person who is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection.

This information is based on Appendix FM of the immigration rules.

Your application for entry or permission to stay in the UK as a family member will be refused if:

the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
you are the subject of a deportation order;
it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
there are medical reasons why you should not be allowed to enter the UK;
you have provided false information or documents or not told us relevant information;
you have NHS charges of more than £1000 that have not been paid; or
you have not provided a maintenance and accommodation undertaking that we requested

Do I need to provide any docuement to prove that I meet those requirements above ?

Thank you again for your help !

Damanisshallo
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Post by Damanisshallo » Thu Dec 06, 2012 12:33 pm

Year2012 wrote:I don't have job right now, but his income meets the income requirement, which is category B I guess.
How long has he been working for his current employer?
Year2012 wrote: 1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?
Marriage License ? or do I need any additional draft plan or any letters ?
Any thing that can state your intention.
  • 1. Tenancy Agreement
    2. Joint Bank Account (Savings)
    3. Letters from your GP
Year2012 wrote: 2. What kind of document I need to show them to prove that I meet suitability requirement ?
If none of the below applies to you then I don't think you need to prove anything. Unless you are from certain countries who are required to be registered with the police. (If still in doubt you can always request for a Police Clearance Certificate for a tenner from http://www.acro.police.uk/police_certificates.aspx)
  • - the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
    - you are the subject of a deportation order;
    - it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
    - it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
    - you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
    - there are medical reasons why you should not be allowed to enter the UK;
    - you have provided false information or documents or not told us relevant information;
    - you have NHS charges of more than £1000 that have not been paid; or
    - you have not provided a maintenance and accommodation undertaking that we requested
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Year2012
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Post by Year2012 » Fri Dec 07, 2012 7:00 pm

Damanisshallo wrote:
Year2012 wrote:I don't have job right now, but his income meets the income requirement, which is category B I guess.
How long has he been working for his current employer?
Year2012 wrote: 1. What kind of document do I have to show that I and my partner have made plans about living together in the UK ?
Marriage License ? or do I need any additional draft plan or any letters ?
Any thing that can state your intention.
  • 1. Tenancy Agreement
    2. Joint Bank Account (Savings)
    3. Letters from your GP
Year2012 wrote: 2. What kind of document I need to show them to prove that I meet suitability requirement ?
If none of the below applies to you then I don't think you need to prove anything. Unless you are from certain countries who are required to be registered with the police. (If still in doubt you can always request for a Police Clearance Certificate for a tenner from http://www.acro.police.uk/police_certificates.aspx)
  • - the Home Secretary has decided that it would be in the public interest for you to be excluded from the UK;
    - you are the subject of a deportation order;
    - it is in public interest to exclude you from the UK because you have been sentenced to more than 12 months in prison if your conviction is not yet spent under the Rehabilitation of Offenders Act 1974;
    - it is in the UK's public interest to exclude you from the UK because of your character, conduct, associations, or other reasons;
    - you have not attended an interview, provided information, had a medical examination or produced a medical report when asked to do so;
    - there are medical reasons why you should not be allowed to enter the UK;
    - you have provided false information or documents or not told us relevant information;
    - you have NHS charges of more than £1000 that have not been paid; or
    - you have not provided a maintenance and accommodation undertaking that we requested
Thanks, Damanisshallo ! The information you provided are very helpful. I agree with you that I don't need to provide any information for the suitability requirements above, I guess the caseworkers will judge based on their information.

In addition, after reading all other requirements, I have couple more questions guess can be discussed here:

1. In order to prove my relationship is genuine and subsisting, I have the following document. I cannot think any other, can anyone who give me more ideas, suggestions ?
Proof of address, pictures, joint bank account, joint utility bills, emails, chat history, marriage certificate, those are what I have. Any more evidence I need to prepare ?

2. In terms of 5 years and 10 years family route. It looks like that I am qualified for 5 years family route now, but I am a little confused about the EX.1 rule which is the rule makes the timing difference.

"If any of the other requirements are not met you must consider if the requirements at section EX.1. of Appendix FM of the Immigration Rules are met.
A person can qualify under section EX.1. if they have a genuine and subsisting relationship with:
 a child who is:
o under the age of 18
o in the UK
o a British citizen or has lived in the UK continuously for at least the last seven years, and
 it would not be reasonable to expect the child to leave the UK. "

Let's say if I apply under the 5 years family route now, and I need to apply for further leave to remain in another 2.5 years, or IRL in 5 years, and by that time, I might have british child. Will this change me from 5 years family route to 10 years family route, and which means I have to wait 10 years to be IRL if I have child here instead of 5 years ?

3. What kind of document I need to show that I have adequate accommodation.
a. I have Land registration, morgage statement, any other offical document I can show that it is adequate ?
b. any offical document I can show it is not overcrowed ? All I can think is the picture. Not sure if there is any offical document I can use.

Thanks again for all the helps here !

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Post by Greenie » Fri Dec 07, 2012 7:08 pm

The 10 year family route is for those who don't meet all of the requirements of the 5 year route but who are considered to come under one of the 'exceptions'. It doesn't mean that even if you meet the requirements of the 5 year route you are forced to go down the 10 year route just because you have a child,.

Year2012
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Post by Year2012 » Fri Dec 07, 2012 7:43 pm

Greenie wrote:The 10 year family route is for those who don't meet all of the requirements of the 5 year route but who are considered to come under one of the 'exceptions'. It doesn't mean that even if you meet the requirements of the 5 year route you are forced to go down the 10 year route just because you have a child,.
Hi Greenie, I think your explaination is more logical, I just couldn't find the particular laguage states that.
From what I read here it sounds like that if I meet R-LTRP1.1(a),(b) and (d), even though I meet 5 years family route, I will be granted limited leave to remain under 10 years family route, which I think it is not logical and I might be misunderstanding and misreading somewhere. Can you tell me or send me the link where you read this explaniation you just stated ? Thank you !!

"Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for limited leave to remain as a partner; and either
(c) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant must meet all of the requirements of Section E-LTRP:

Eligibility for leave to remain as a partner; and

(iii) paragraph EX.1. has not been applied; or

(d) (i) the applicant must not fall for refusal under Section S-LTR: Suitability leave to remain; and

(ii) the applicant meets the requirements of paragraphs E-LTRP.1.2-1.12. and E-LTRP.2.1.; and

(iii) paragraph EX.1. applies.

Section D-LTRP: Decision on application for limited leave to remain as a partner
D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiance(e) or proposed civil partner); or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

D-LTRP.1.2. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a), (b) and (d) for limited leave to remain as a partner they will be granted leave to remain for a period not exceeding 30 months, and will be eligible to apply for settlement after a continuous period of at least 120 months with such leave, with limited leave as a partner under paragraph D-LTRP.1.1., or in the UK with entry clearance as a partner under paragraph D-ECP1.1. (excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner), or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.

D-LTRP.1.3. If the applicant does not meet the requirements for limited leave to remain as a partner the application will be refused.

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner (disregarding any period of overstaying for a period of 28 days or less).

E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under paragraph R-LTR.P.1.1(a), (b) and (d) or in the UK with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at least 120 months with limited leave as a partner under a combination of these paragraphs, excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed civil partner. "

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Post by Greenie » Fri Dec 07, 2012 7:52 pm

Its there in the rules you have quoted. The 10 year route is for exceptions, people who don't meet all the requirements but it would be unreasonable for them to have to leave the UK. Its not there as a punishment to those who have children.

Year2012
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Post by Year2012 » Fri Dec 07, 2012 8:12 pm

Greenie wrote:Its there in the rules you have quoted. The 10 year route is for exceptions, people who don't meet all the requirements but it would be unreasonable for them to have to leave the UK. Its not there as a punishment to those who have children.
Thanks Greenie, I might need to read again carefully ! :oops:

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