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Spouse Visa dilemma

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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GlobalThailand
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Spouse Visa dilemma

Post by GlobalThailand » Sun Dec 04, 2016 4:20 am

Hi all, I'm in the process of gathering information on getting a spouse visa for my Thai wife. I've been reading up on the relevant government guidance notes and, as far as I can see, we meet all the financial requirements, have booked the A1 language test and will be getting the TB health check asap.

The issue I have is about the requirement of accommodation. I have accepted a job in Scotland (contract signed) and will start there early in the new year but, as I am still in Thailand, I haven't secured any where to live and don't really want to sign up a 12 month rental on a place I haven't seen. I do still have family in the UK and my plan was to use my mum's address (with a letter of invitation / consent from her) for the application.

However, I'm concerned about a couple of things if I do this.
1) The property is council owned. My mum has lived there 24 years, is an assured tenant, on disability living allowance.

2) It's in north London... nowhere near the job offer!

Reading up on what the ECO considers as adequate accommodation my feeling is point 2) is pretty irrelevant and doesn't come under consideration. The house has enough spare bedrooms for all and will not be overcrowded (according to the housing act 1985 definition that they use)

On point 1) what worries me is that, as it is council property, my mum technically doesn't have the authority to give consent as to who lives there.

The only alternative I see is that I head to the UK first and secure a place ASAP. But that would mean at least a month or more waiting on the visa without my wife and son...

Any advice would be much appreciated. Any suggestions on supporting evidence if I go this route? Many thanks in advance!

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CR001
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Re: Spouse Visa dilemma

Post by CR001 » Sun Dec 04, 2016 10:28 am

A council property would require a letter from the council permitting you and family to stay there.

A proof of accommodation in London when you have a job in Scotland will likely not be acceptable as it is not a commutable distance. Suggest secure your own place first.

How are you meeting the financial requirements?
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GlobalThailand
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Re: Spouse Visa dilemma

Post by GlobalThailand » Sun Dec 04, 2016 12:57 pm

Thanks for the reply CR001. I've been looking at the MAA guidance here and that's sound advice on getting a letter from the council. Will start the ball rolling on that tomorrow.

Unless I've missed it there doesn't seem to be any requirement that the accommodation is anywhere near to a place of work. It seems like the only thing the ECO considers is that there is a room for exclusive use and that the property will not be overcrowded (We're OK on both counts). I intend to be clear and truthful in the sponsor letter - that we would be there only until I secure a place in Scotland.

Re. the financial requirements I've been in full time work here in Thailand for the last 9 years and I meet the 18600 GBP requirement (unless the pound makes a full recovery back to pre-brexit levels!)

GlobalThailand
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Legal Certification of Passport

Post by GlobalThailand » Sun Dec 04, 2016 1:54 pm

Just been informed (by the helpful mods) that I will need to get the photocopied pages of my passport legally certified when submitting an application for spouse visa.

What does that actually entail?

I'm currently living in Thailand, hoping to apply once my wife passes the English test mid December

Many thanks in advance.

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Re: Legal Certification of Passport

Post by Casa » Sun Dec 04, 2016 2:05 pm

I don't believe that there are Notaries in Thailand, but there are lawyers who have the authority to certify documents as a Notarial Attorney.

(Fellow moderator Vinny would know more).
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GlobalThailand
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Re: Legal Certification of Passport

Post by GlobalThailand » Sun Dec 04, 2016 2:10 pm

https://www.gov.uk/guidance/notarial-an ... r-thailand

I believe I've found what I'm looking for. The Embassy does have a notarial service... Yet another cost I hadn't expected.

Can anyone confirm if I would need to copy the passport myself first and have those copies stamped, or would the actual copying be part of the process.

Also - could anyone point me in the direction of where it says this is necessary in any of the guidance notes? (I'm not second guessing the mods - just fearing that I may have missed anything else!)

Many thanks

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Re: Spouse Visa dilemma

Post by Casa » Sun Dec 04, 2016 2:13 pm

The ECO is likely to query how you will commute from London to Scotland until you find local accommodation. They may well doubt either the authenticity of the job, or that the offer of accommodation isn't genuine.
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Re: Spouse Visa dilemma

Post by CR001 » Sun Dec 04, 2016 2:24 pm

No need for a new topic with each question. Your topics have been merged, please keep all questions in one place (this topic).

See also Multiple Posts (click)
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GlobalThailand
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Re: Spouse Visa dilemma

Post by GlobalThailand » Sun Dec 04, 2016 2:48 pm

Casa wrote:The ECO is likely to query how you will commute from London to Scotland until you find local accommodation. They may well doubt either the authenticity of the job, or that the offer of accommodation isn't genuine.
My original plan was get a temporary place with something like Airbnb for a week or two while I'm looking for something a little more permanent. I'd intended to be very clear about that in the sponsor letter as I'm sure this is a situation many UK citizens face when returning home with a spouse. In the meantime, my wife and son would be in London enjoying family time with grandma. That arrangement is genuine and I'd present supporting evidence to prove it. Re. the job offer I have the official offer letter and contract already signed, which should be enough.

GlobalThailand
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Re: Spouse Visa dilemma

Post by GlobalThailand » Sun Dec 04, 2016 2:51 pm

CR001 wrote:No need for a new topic with each question. Your topics have been merged, please keep all questions in one place (this topic).

See also Multiple Posts (click)
Thanks for letting me know - Apologies.

GlobalThailand
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Re: Legal Certification of Passport

Post by GlobalThailand » Mon Dec 05, 2016 1:24 pm

Hi All,

I've been looking into the need of having the photocopy of the sponsor's passport legally certified and as far as I can see it's not required - though I can see why it would be recommended.

According to the supporting evidence - settlement guidance they ask that you provide "Evidence of your sponsor’s immigration status/ permission to be in the UK" which could be a "copy of the bio page of their travel document"

I contacted UKVI through their online help form and got the one sentence response...
You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.
Which didn't really address my question.

Is there anything I may have missed? Some requirement that I'm not aware of, or is this just strongly recommended by the gurus and those with experience?

Many thanks in advance

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