Hi,
I haven't been able to find much information on this topic here or on the HO website so decided to put together all that i have found so far.
The Application Forms:
Now, this has been the most tricky part. I called the UKVI contact number 3 times and nobody could confirm this and kept giving me general information. One guy said and i quote, "This is rather an unusual query as we only get questions about normal spouse visa applications." Got absolutely no useful information from them.
One kind Moderator here, Casa, provided the following link which had most of the information:
https://www.gov.uk/government/publicati ... nion-set10
Based on the information in the link above, and when applying online, it appears that the application form is that which is used for normal spouse visa applications BUT at the very start of the application, one must choose the visa category - Settlement - Post Flight Non Settled Person. I noted that the only question which was different from a normal spouse application was, "Where is your Sponsor now?". The rest of the questions were identical.
In Appendix 2 (financial requirement), again the visa category to be selected is Post Flight Family Member.
(Does this Appendix need to be signed?)
One thing i noted which is different in this visa category is that apparently the Spouse visa is supposed to be for 63 months, I'm not really sure about this as my current leave to remain ends September 218, but I asked the UKVI via online contact and was given the following link:
https://www.gov.uk/government/uploads/s ... _ecb13.pdf
The law:
Requirements for leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection.
319L. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection, are that:
(i) (a) the applicant is married to or the civil partner of a person who has limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection granted such status under the immigration rules and the parties are married or have formed a civil partnership after the person granted asylum or humanitarian protection left the country of his former habitual residence in order to seek asylum or humanitarian protection; and
(b) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:
(i) the applicant is aged 65 or over at the date he makes his application; or
(ii) the Secretary of State or Entry Clearance Officer considers that the applicant has a physical or mental condition that would prevent him from meeting the requirement; or
(iii) the Secretary of State or entry Clearance officer considers there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or
(iv) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; USA; or
(v) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Masters degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or
(vi) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Masters degree or PhD in the UK, and
(1) provides the specified evidence to show he has the qualification, and
(2) UK NARIC has confirmed that the degree was taught or researched in English, or
(vii) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Masters degree or PhD in the UK, and provides the specified evidence to show:
(1) he has the qualification, and
(2) that the qualification was taught or researched in English; and
(ii) the parties to the marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
319M. Leave to enter the United Kingdom as the spouse or civil partner of a refugee or beneficiary of humanitarian protection may be granted for 63 months provided the Immigration Officer is satisfied that each of the requirements of paragraph 319l (i) - (vi) are met.
319N. Leave to enter the United Kingdom as the spouse or civil partner of a refugee or beneficiary of humanitarian protection is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 319L(i) - (vi) are met.
The Healthcare Surcharge:
Obviously, I was unable to find any information on how much must be paid or which category must be selected and the UKVI contact people were absolutely useless. The online payment website asked the '
Sponsor's route of settlement' but did not have a 'refugee' option. Therefore, it was really difficult to ascertain the amount to be paid. At the end, I simply selected 'Post Flight Family' out of frustration even though it is not
MY route of settlement. I was asked when my leave expires and at the end, I was asked to pay 680 EURO and my bank statement shows a deduction of £540. However, if the spouse visa is to be issued for 63 months, I'm sure i will be asked to pay more. I have added this bit in the Additional Information part of the Application Form so the ECO does not penalise me/my wife for paying the wrong fee or selecting the wrong category. Maybe we were to be exempt from paying the health surcharge...?
The following is from the HO website (not sure if the underlined part applies to us):
When you don’t have to pay or get an IHS reference number
You don’t need to get an IHS reference number or pay the healthcare surcharge if:
you’re applying for a visitor visa
you’re applying for a visa (from outside the UK) for 6 months or less
you’re applying for indefinite leave to remain
you’re a diplomat or a member of a visiting armed forces and not subject to immigration control
you’re a family member of a European national with European Union treaty rights
you’re applying for a visa for the Isle of Man or Channel Islands
you’re a British Overseas Territory citizen resident in the Falkland Islands
you’re an asylum seeker or applying for humanitarian protection (or you’re their dependant)
you’ve been identified as a victim of human trafficking (or you’re their dependant)
the Home Office’s domestic violence concession applies to you (or you’re their dependant)
being made to leave the UK would be against your rights under Article 3 of the European Convention of Human Rights (or you’re their dependant)
My situation:
I am a refugee in the UK since September 2013, and my wife is from a non-EU country. I met my wife at the end of December 2013 and got married in June 2014 at Church. She was on a tourist visa at that time so we had to apply for a special licence within the Church of England to get permission for marriage. The marriage ceremony was not attended by my wife's family and as I am a refugee, i have no family. The people i live with and who i consider my family now attended the ceremony along with a few friends - about 17 people in total. After that, she applied for and got a student visitor visa twice in 2 years and spent 4-5 months each year with me while studying English. We communicated via Skype and WhatsApp whenever she was in her home country. In August 2015, I finally got a job which enabled me to meet the financial requirement and now, after being married for 2 long years, we are applying for a settlement visa from OUTSIDE the UK.
Documents we are submitting:
1. Passport of applicant (original + copy)
2. IELTS English language certificate (original + copy)
3. TB test (original + copy)
4. Marriage certificate (original + copy)
5. Marriage licence (original + copy)
6. Letter from Vicar of Church confirming marriage and our frequent visits to Church after marriage (original + copy)
7. Copy of sponsor’s BPR signed by Vicar of Church (original + copy)
8. Copy of sponsor’s travel document signed by Vicar of Church (original + copy)
9. Letter from sponsor confirming sponsorship and relationship
10. Letter from Landlord confirming permission to stay + his council tax payments form (original+copy)
11. Tenancy agreement (original + copy)
12. Home inspection report (original + copy)
13. Sponsor’s Employment Contract (original + copy)
14. 6 payslips starting from 12/2015 to 05/2016 (originals + copies)
15. P60 form (original + copy)
16. Bank statement from 01/12/2015 to 31/05/2016 (original+copy)
17. Tickets and Bookings of holidays
18. Wedding rings receipt
19. Western Union sending money forms x 6 (originals + copies)
20. Printed pictures x 60
21. Printed skype conversations x 70 pages
22. Printed WhatsApp conversations x 90 pages
23. VAF4A Application Form
24. Appendix 2.
Hope this information helps someone else.
Please feel free to add more information here and also have a look at the list of documents I'm providing and let me know if everything is in order.
At the moment we are thinking if we should choose a 'priority service' at the visa center where she will be applying which would let us have a decision on the visa application within 15 working days - for an extra £500. I'm not sure if it is affordable after paying all the costs associated with this application but a wait for at least 3 months (normal visa processing time for her country) would be brutal.
Thanks for reading!
