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Spouse Visa Help (Not sure where to start)

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jetskiguy
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Spouse Visa Help (Not sure where to start)

Post by jetskiguy » Wed Nov 16, 2016 10:58 am

Hi all, hope somebody can help me.

I am a UK born citizen and have recently married my girlfriend of nearly 5 years who is a filipino, currently living in the philippines. She was originally in the UK, thats how we met but she overstayed her visa and she volunteered to go back home at her own expense and was apparently banned for 1 year. She has been back in the philippines approx 1.5 years now and we got married in the philippines 3 weeks ago.

We now need to go down the dreaded route of applying for her spouse visa to come live with me in the UK but i am unsure as to how to go about doing this, do we need to apply for the ban to be lifted first even though its been over 1 year now? I honestly dont know and im afraid to pay so much money for the visa if it gets refused.

Any advice would be greatly appreciated

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Casa
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Re: Spouse Visa Help (Not sure where to start)

Post by Casa » Wed Nov 16, 2016 11:11 am

There is no ban under 320(7b) when applying for a spouse visa if the only issue was an overstay.
(Casa, not CR001)
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.

jetskiguy
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Re: Spouse Visa Help (Not sure where to start)

Post by jetskiguy » Wed Nov 16, 2016 11:29 am

Casa wrote:There is no ban under 320(7b) when applying for a spouse visa if the only issue was an overstay.
ok that is great news, yes it was only an overstay.

What happens if an application is rejected for any reason? Do i have to pay again for reapply or is there any other path we would need to go down.

I am over 18 and earning well over the 18.6k financial requirement which can be proved by the last 2 years bank statements i have saved, and also a letter from work (whether it being from HR or one of the directors, im not sure which one would be best)

I am currently living in a house with other people and my name is not on the tenancy, so i guess i will have to get my own place before applying so then i can provide the tenancy agreement and the council tax, until bills as evidence.

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Re: Spouse Visa Help (Not sure where to start)

Post by Casa » Wed Nov 16, 2016 11:46 am

jetskiguy wrote:
Casa wrote:There is no ban under 320(7b) when applying for a spouse visa if the only issue was an overstay.
ok that is great news, yes it was only an overstay.

What happens if an application is rejected for any reason? Do i have to pay again for reapply or is there any other path we would need to go down.

I am over 18 and earning well over the 18.6k financial requirement which can be proved by the last 2 years bank statements i have saved, and also a letter from work (whether it being from HR or one of the directors, im not sure which one would be best)

I am currently living in a house with other people and my name is not on the tenancy, so i guess i will have to get my own place before applying so then i can provide the tenancy agreement and the council tax, until bills as evidence.
If refused you have the right of appeal, however this can be a very lengthy process.

Ensure you can show:
Evidence of meeting the £18,600 p.a income with 6 months payslips + 6 months corresponding bank statements. The most recent being no older than 28 days on the date the application is submitted.

Adequate accommodation available on arrival. You can live in shared accommodation but if there is multiple occupancy you would need a property inspection report. Also a letter from the landlord agreeing to your wife living in there. Your name doesn't necessarily have to be on the tenancy agreement.

Proof of a genuine and subsisting relationship. This would include the marriage certificate (translated if applicable) + photos of the wedding, evidence of contact between you during periods apart etc.

Your wife will need A1 level English from an approved test provider, unless she has a degree taught in English with NARIC ELA (unless awarded in the UK).
(Casa, not CR001)
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.

jetskiguy
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Re: Spouse Visa Help (Not sure where to start)

Post by jetskiguy » Wed Nov 16, 2016 12:19 pm

Are the copy of bank statements nessessary? isnt this invasion of privacy with there being people bank details etc on there for payments made and so on? Surely they only need to see the section where the salary is paid in?

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Re: Spouse Visa Help (Not sure where to start)

Post by Wanderer » Wed Nov 16, 2016 1:07 pm

jetskiguy wrote:Are the copy of bank statements nessessary? isnt this invasion of privacy with there being people bank details etc on there for payments made and so on? Surely they only need to see the section where the salary is paid in?
Need the whole bank statements, originals or copies stamped by the Bank as genuine copies.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Spouse Visa Help (Not sure where to start)

Post by Casa » Wed Nov 16, 2016 1:14 pm

When you submit the application you are agreeing to Government departments and official bodies (such as financial institutions) giving the Home Office access to information.
(Casa, not CR001)
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.

jetskiguy
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Finding job offer for my wife to put towards visa applicatio

Post by jetskiguy » Wed Nov 16, 2016 3:13 pm

Hi

My wife has around 3 years experience caring for a guy with dimentia, in a private care home. She is filipino and currently residing in the Philippines.

How could we go about getting her a job offer so we can send the job offer letter with her spouse visa application? I know it can be done but how do we do the job interviews when she is in another country?

jetskiguy
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Re: Spouse Visa Help (Not sure where to start)

Post by jetskiguy » Wed Nov 16, 2016 3:16 pm

If we can get her a job offer before she comes to the UK and we submit the job offer along with the other documents would this have a positive effect on the visa application? And would her offered salary go towards the financial requirements?

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Re: Spouse Visa Help (Not sure where to start)

Post by noajthan » Wed Nov 16, 2016 3:19 pm

No need for multiple posts.
Posts merged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Spouse Visa Help (Not sure where to start)

Post by Obie » Wed Nov 16, 2016 3:23 pm

Offer of employment will be okay for you, not your wife, but you will first need to show you have a job in the Philippines, from which you have earned at the rate of 18600 per anumn in the 6 months preceding the application, and that upon entering the UK you the British or settled person has a job from which you will be earning that amount.
Smooth seas do not make skilful sailors

jetskiguy
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Re: Spouse Visa Help (Not sure where to start)

Post by jetskiguy » Wed Nov 16, 2016 3:25 pm

Obie wrote:Offer of employment will be okay for you, not your wife, but you will first need to show you have a job in the Philippines, from which you have earned at the rate of 18600 per anumn in the 6 months preceding the application, and that upon entering the UK you the British or settled person has a job from which you will be earning that amount.
I already am in the UK, im a british citizen. Born and raised here. I have a full time permanent job earning much more than the £18,600pa

My wife is the filipino who would be joining me in the UK, i read somewhere that getting her a job offer ready to start when she gets to the UK would be advantageous for the application.

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Re: Spouse Visa Help (Not sure where to start)

Post by Casa » Wed Nov 16, 2016 3:27 pm

jetskiguy wrote:If we can get her a job offer before she comes to the UK and we submit the job offer along with the other documents would this have a positive effect on the visa application? And would her offered salary go towards the financial requirements?
If you are currently earning £18,600 in the UK as you have said in a previous post you already meet the minimum income level.

There's no requirement for your wife to work in the UK when she arrives and this has no bearing on the spouse visa application.
(Casa, not CR001)
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: Spouse Visa Help (Not sure where to start)

Post by Obie » Wed Nov 16, 2016 3:29 pm

Just to add, saying there is a position awaiting her arrival, will make no difference to her application, either way.
Smooth seas do not make skilful sailors

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