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Need help with spouse visa please

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Marriage | Unmarried Partners | Fiancé | Ancestry

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bmark
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Need help with spouse visa please

Post by bmark » Tue Oct 18, 2016 4:26 pm

So this is my story

My partner holds 3 passports German/British/Australian. We decided to move to the UK last year, we contacted UKVI and asked what we needed and were advised that we had the choice to apply for the Family Permit of which we did and to ensure that we show the German passport at the boarder so my partner entered into the UK as a German citizen but we found out after I got to the UK that I was on the wrong visa through another forum and my only option was to return to Australia and apply for the spouse visa so that is what I have done.

But I am freaking out because I am extremely worried my application will be denied because I entered in the UK on the wrong visa although we do have an email letter stating that we had the right to choose from UKVI with all the contact times and name and everything.

So my husband is working in the UK as a self employed locum radiographer through and agency but how that is set up is that the agency processes his pay and time sheets and then sends it onto an umbrella company who then send it onto my partner.

So I'm wondering if someone can advise me as to what paperwork I will need to submit apart from the obvious like marriage certificate and birth certificate and everything.

Please someone help me I am so upset and so scared this is the first time I have ever been separated from my husband in 20years and I am scared I will never see him again.

physicskate
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Re: Need help with spouse visa please

Post by physicskate » Tue Oct 18, 2016 5:24 pm

Where were you living together before you 'moved' to the UK?

For the financial categories:

Have a read: https://www.gov.uk/government/uploads/s ... rement.pdf

Savings of £62,500 is probably the easiest to meet... if you have it of course!

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Re: Need help with spouse visa please

Post by ohara » Tue Oct 18, 2016 5:35 pm

bmark wrote:we contacted UKVI and asked what we needed and were advised that we had the choice to apply for the Family Permit of which we did and to ensure that we show the German passport at the boarder so my partner entered into the UK as a German citizen
This is incredible, and one of the reasons why UKVI "helpline" staff cannot be trusted. British citizens cannot bring their family members into the UK with an EEA family permit unless they are activating the Surinder Singh route.

You should start here: https://www.gov.uk/join-family-in-uk/overview

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Re: Need help with spouse visa please

Post by bmark » Tue Oct 18, 2016 5:44 pm

yes we were living in Australia we have been together for nearly 22yrs and have been married for 15 and we have two children one is over there as a European (my kids were both entitled to german passports) he's 14.

My husband has a ongoing job but we don't have 62,000 pounds in savings I thought we would be eligible for the 18,600 (income) because he is working.

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Casa
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Re: Need help with spouse visa please

Post by Casa » Tue Oct 18, 2016 6:27 pm

Qualifying through self-employment requires evidence of earnings from the last full financial year. For a sole trader this would be the UK tax year, the 12 month period April 6th to April 5th.

Also it's important to bear in mind that for self-employment income it's the nett amount after allowable business expenses have been deducted. The amount on which HMRC calculate for tax due.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Need help with spouse visa please

Post by bmark » Tue Oct 18, 2016 6:46 pm

So will that then be what his pay is going into the bank?

Also my partner just called me our son who has Asperger's syndrome has gone missing over there I'm hating life so much right now and we don't have any friends or family to help us he was supposed to catch a tram home from school but apparently there were issues with the tram line and he has no money for the bus.

I'm freaking out here and wishing we had never done this :cry: :cry: :cry: :cry:

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Re: Need help with spouse visa please

Post by Casa » Tue Oct 18, 2016 6:55 pm

Hang in there. We can appreciate that this is stressful for you.

It won't be the income going into the bank. It will be the amount shown on his self-assessment tax return after he has deducted business expenses (profit).

See 9.6. Sole trader, partner or franchise – specified evidence 9.6.1.
7. In respect of self-employment in the UK as a partner, as a sole trader or in a
franchise, all of the following must be provided:
(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
(b) The following documents for the last full financial year, or for the last two such years
(where those documents show the necessary level of gross income as an average of
those two years):
(i) Annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302).
(c) Proof of registration with HMRC as self-employed if available.
(d) Each partner's Unique Tax Reference Number (UTR) and/or the UTR of the
partnership or business.
(e) Where the person holds or held a separate business bank account(s), bank
statements for the same 12-month period as the tax return(s).
(f) Personal bank statements for the same 12-month period as the tax return(s) showing
that the income from self-employment has been paid into an account in the name of the
person or in the name of the person and their partner jointly.
(g) Evidence of ongoing self-employment through evidence of payment of Class 2
National Insurance contributions, or (where the person has reached state pension age)
through alternative evidence (which may include, but is not confined to, evidence of
ongoing payment of business rates, business-related insurance premiums, employer
National Insurance contributions or franchise payments to the parent company).
(h) One of the following documents must also be submitted:
(i) (aa) If the business is required to produce annual audited accounts, such accounts for
the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited
accounts for the last full financial year and an accountant’s certificate of confirmation,
from an accountant who is a member of a UK Recognised Supervisory Body (as defined
in the Companies Act 2006) or who is a member of the Institute of Financial
Accountants;
(ii) A certificate of VAT registration and the VAT return for the last full financial year (a
copy or print-out) confirming the VAT registration number, if turnover is in excess of
£79,000 or was in excess of the threshold which applied during the last full financial
year;
(iii) Evidence to show appropriate planning permission or local planning authority
consent is held to operate the type/class of business at the trading address (where this
Appendix FM 1.7: Financial Requirement
May 2016
62
is a local authority requirement); or
(iv) A franchise agreement signed by both parties.
(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is
a franchis
e

You won't be able to concentrate on this until you've sorted your son out. Forget about this for now...and when you're ready, post again. There'll be someone here to help.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Need help with spouse visa please

Post by Casa » Tue Oct 18, 2016 7:14 pm

I don't suppose by any chance that your husband is able to claim carer's allowance for your son?
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Petaltop
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Re: Need help with spouse visa please

Post by Petaltop » Tue Oct 18, 2016 7:15 pm

bmark wrote: My partner holds 3 passports German/British/Australian.
bmark wrote: we have two children one is over there as a European (my kids were both entitled to german passports) he's 14.
Your 14 year old moved to the UK as a German citizen, with his father who is a Brit? is that allowed under free movement?
Last edited by Petaltop on Tue Oct 18, 2016 7:25 pm, edited 1 time in total.

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Re: Need help with spouse visa please

Post by Petaltop » Tue Oct 18, 2016 7:22 pm

Casa wrote:I don't suppose by any chance that your husband is able to claim carer's allowance for your son?
No. Without a DLA award at a certain level, there is no CA, but he can't have DLA because -

- have lived in Great Britain for 2 of the last 3 years, if over 3 years old
-be habitually resident in the UK, Ireland, Isle of Man or the Channel Islands

https://www.gov.uk/disability-living-al ... ldren/rate

I'm still wondering how a 14 yerar old German child can be exercising treaty rights of free movement in the UK. Is there something for EEA children to move to the UK?

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Re: Need help with spouse visa please

Post by physicskate » Tue Oct 18, 2016 7:33 pm

Petaltop wrote:
I'm still wondering how a 14 yerar old German child can be exercising treaty rights of free movement in the UK. Is there something for EEA children to move to the UK?
Is he not classed as 'studying'?

Is your husband a PAYE employee through the umbrella company? IE, do they take out his tax and NI contributions before the money hits his account. OR does he have to pay tax through a self-assessment form?

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Re: Need help with spouse visa please

Post by Petaltop » Tue Oct 18, 2016 7:49 pm

physicskate wrote:
Petaltop wrote:
I'm still wondering how a 14 yerar old German child can be exercising treaty rights of free movement in the UK. Is there something for EEA children to move to the UK?
Is he not classed as 'studying'?
If it does, then wouldn't the parents need to buy a Comprehensive Sickness Insurance for him? I assume that would mean he can't claim DLA from the UK then?

And where does this leave him with Brexit looming?

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Re: Need help with spouse visa please

Post by Petaltop » Tue Oct 18, 2016 7:54 pm

bmark wrote:yes we were living in Australia we have been together for nearly 22yrs
Do you have a grandparent that was born in the UK? If you did and are planning to work in the UK, there is the Ancestry visa for Australain citizens, which would mean that your British spouse wouldn't have to sponsor you and the visa is much cheaper.

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Re: Need help with spouse visa please

Post by noajthan » Tue Oct 18, 2016 8:01 pm

EEA child should have CSI and then be classed as self sufficient.

Might be prudent to procure RC for EEA child to help confirm status what with wild talk of Brexit and one thing and another.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Need help with spouse visa please

Post by bmark » Wed Oct 19, 2016 6:02 am

My husband entered into the Uk as a German he is classed as a German citizen living in the UK, my son entered as a German citizen.

We do not intend to claim anything for our son as he doesn't need anything extra he has Asperger's syndrome.
Is your husband a PAYE employee through the umbrella company? IE, do they take out his tax and NI contributions before the money hits his account.
I don't have a British grandparent...

He is a PAYE through the umbrella company and he is officially employed by Company name removed by moderator

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Re: Need help with spouse visa please

Post by Casa » Wed Oct 19, 2016 8:33 am

PAYE means he's self-employed, so he'll only need 6 months of payslips + the corresponding bank statements.

Be aware that for immigration purposes your husband is only considered to be British.

As noajthan has advised, it would be prudent to take out Comprehensive Sickness Insurance (CSI) for your son to ensure he qualifies in his own right as an EEA citizen, exercising his Treaty rights through education. Without the CSI he is unlikely to qualify.
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Re: Need help with spouse visa please

Post by vinny » Wed Oct 19, 2016 8:40 am

Was your husband British otherwise than by descent when your son was born?
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bmark
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Re: Need help with spouse visa please

Post by bmark » Wed Oct 19, 2016 10:18 am

My husband got his UK passport because his father was British/Australian.

Please though can someone please tell me what documents I should provide in my application to ensure the best outcome if I could afford it I would go through an immigration specialist but I can't afford it.

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Re: Need help with spouse visa please

Post by Casa » Wed Oct 19, 2016 1:50 pm

Your husband's 6 months payslips + the corresponding bank statements (originals), the most recent not dated later than 28 days before the date of application.

Letter from your husband's employer confirming the terms of his employment, and/or an employment contract

Proof of adequate accommodation which will be available on your arrival in the UK. If your family are renting property, you will need a letter from the landlord agreeing to you living in the property.

Evidence of a subsisting relationship including marriage certificate (original or certified copy) and proof of contact while you're apart.

Certified copy of your husband's British passport.

Your passport (original)

You will have to pay the NHS surcharge of £600 in addition to the visa fee of £1195.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bmark
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Re: Need help with spouse visa please

Post by bmark » Thu Oct 20, 2016 1:06 am

Thank you Casa. One more question should I also inc the email I received from UKVI earlier in the year where they had told me that I had the choice to apply for the Family Permit as well as I written apology from myself stating I only followed the advice of the staff member who provided me with that information?

Also should I attach copies of my children's birth certificates and my son's paediatrician letter stating he has Asperger's.

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Re: Need help with spouse visa please

Post by ohara » Thu Oct 20, 2016 1:17 am

bmark wrote:My husband entered into the Uk as a German he is classed as a German citizen living in the UK, my son entered as a German citizen.
He won't be "classed" as anything, and as he is a British citizen he cannot avail himself of the EEA immigration route for his family members. He is unable to sponsor his son so as mentioned above, the child should have CSI. Although, I do believe that EEA minors in education will not normally be removed from the country even if they are not exercising treaty rights.

Your son has the right to enter the UK under EEA free movement rules regardless of whether his father is British or not.

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Re: Need help with spouse visa please

Post by bmark » Thu Oct 20, 2016 5:00 am

At the jobcentre that was the exact words used, because he entered the country on his German passport his German passport is his primary passport (main whatever but they specifically used the words primary passport).

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Re: Need help with spouse visa please

Post by bmark » Thu Oct 20, 2016 5:04 am

Oh and we have decided to apply and submit as much as possible that shows I need to be there (especially for my son with his Asperger's he is so used to having me around to keep things organised I know my husband is struggling with him on his own) and if they knock me back because they view it that I 'withheld" information we will fight it only because I only did what I did on the advice of the UKVI staff especially as I have that in writing.

Otherwise maybe Germany will be on the radar.

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Re: Need help with spouse visa please

Post by Casa » Thu Oct 20, 2016 10:23 am

I don't know what your legal position will be with the HO advice in writing via an email, but you will see in the following article the issues with flawed advice given by HO staff over the telephone (recorded).

https://www.freemovement.org.uk/immigra ... pectation/

Note:
"Upper Tribunal Judge Southern seems to go on, unnecessarily in the circumstances, to hold that legitimate expectation cannot override the requirements of the Immigration Rules. He finds that the telephone operator concerned, Wayne, did not have the authority to give any promise and continues:
Finally, there is a strong public interest in the outcome of such applications being decided in a consistent and predictable way, in line with the clear statement of policy as set out in the Immigration Rule applicable"


I've given my personal opinion on your situation and ultimately the choice is yours. Be well prepared however for a bumpy ride which may take several years to resolve, and call for very deep pockets. You will also not be able to travel while your application is being considered.

What application are you intending to submit?

Edit: Ignore my comment about a 'bumpy ride'. If you're able to submit all the evidence needed to support your spouse visa application, this should be processed within 12 weeks.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Need help with spouse visa please

Post by physicskate » Thu Oct 20, 2016 10:35 am

It seems naive to rely on the advice of someone from the jobcentre who is not familiar with immigration rules in all of their complexity... It's hard, but it could be all done and dusted in a few short weeks if you follow the rules and recognised immigration path...

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