Spouse Visa

[El-Neno]

Hi,

I have recently obtained my ILR (previously I was on Skilled Worker Visa).

My wife is from the same country as I am but officially living in Italy about 18 months ago she has obtained another nationality which allows her to stay in the UK for 6-months each time she enters.

We have officially been married since Jan 2022 through a proxy marriage in our home country, neither me nor my wife have actually attended this particular ceremony.

However, the actual wedding took place in Dubai in April 2022. At that time I was on Skilled Worker Visa, and we thought we should wait until I get my ILR then we apply for Spouse Visa.

Since we got married, my wife has been entering the UK with her other passport, and spending about 8 weeks here then goes back to Italy for 1-2 weeks and back here.

First of all, would any of the following cause issues in the application:

• None of us attended the marriage ceremony?
  We have been married for more than a year and we are only applying for the Family visa now?
  Is the fact that she has been spending ~2 months each entry here for the past 12 months?

She will be applying from Italy, and we keep seeing conflicting information about the required documents. We are submitting the following documents, is that all what they require?

1- Mortgage statement (downloaded online)
2- Land Registry (downloaded online)
3- 6 months bank statement
4- 6 months worth of payslips
5- Copy of all pages of my passport (which shows my visits to Italy between 2017 and 2020 -- then covid hit and never got to see each other till the wedding)
6- Copy of my ILR
5- Wedding photos
6- Honeymoon photos + hotels bookings + flights tickets (which show that we travelled back together to the UK together - which was the first time ever she visits the UK)
7- Wedding certificate (translated to English)
8- photos throughout the years
9- A letter from my employer confirming:
-I'm employed employed there
-the job title
-how long I have worked there
-the type of contract (permanent)
-what I earn before tax and National Insurance
-how long I have been paid the current salary
-the payslips are genuine


Do I need to submit form SU07?
Does she need to submit her bank statement?
What else need submitting?

Thanks a lot for your help.

[Ticktack]

Hi,

I have recently obtained my ILR (previously I was on Skilled Worker Visa).

My wife is from the same country as I am but officially living in Italy about 18 months ago she has obtained another nationality which allows her to stay in the UK for 6-months each time she enters.

We have officially been married since Jan 2022 through a proxy marriage in our home country, neither me nor my wife have actually attended this particular ceremony.

However, the actual wedding took place in Dubai in April 2022. At that time I was on Skilled Worker Visa, and we thought we should wait until I get my ILR then we apply for Spouse Visa.

Since we got married, my wife has been entering the UK with her other passport, and spending about 8 weeks here then goes back to Italy for 1-2 weeks and back here.

First of all, would any of the following cause issues in the application:

• None of us attended the marriage ceremony?
  We have been married for more than a year and we are only applying for the Family visa now?
  Is the fact that she has been spending ~2 months each entry here for the past 12 months? By my maths, in 12 months, she's exceeded 6 months. It could potentially be a problem, and it could also be easily overlooked. No one can tell you for certain.

She will be applying from Italy, and we keep seeing conflicting information about the required documents. We are submitting the following documents, is that all what they require?

1- Mortgage statement (downloaded online)
2- Land Registry (downloaded online)
3- 6 months bank statement
4- 6 months worth of payslips
5- Copy of all pages of my passport (which shows my visits to Italy between 2017 and 2020 -- then covid hit and never got to see each other till the wedding)
6- Copy of my ILR
5- Wedding photos
6- Honeymoon photos + hotels bookings + flights tickets (which show that we travelled back together to the UK together - which was the first time ever she visits the UK)
7- Wedding certificate (translated to English)
8- photos throughout the years
9- A letter from my employer confirming:
-I'm employed employed there
-the job title
-how long I have worked there
-the type of contract (permanent)
-what I earn before tax and National Insurance
-how long I have been paid the current salary
-the payslips are genuine

Documents look good

Do I need to submit form SU07? Nope
Does she need to submit her bank statement? She should. Everything helps, even though your documents are the main docs.
What else need submitting? Call log, emails, chats, anything and everything that shows constant communications between the pair of you.

Thanks a lot for your help.

[El-Neno]

Thanks for your response.

Yeah we realised that 6 months point. However, does the law say 6 months in a 12 months period or 6 months each entry? (if it matters, her other passport is from a commonwealth real country)

What about the proxy marriage and the fact none of us have attended?

Thanks again.

[El-Neno]

Also, would it make a difference with which passport should she apply with? home country or the other one that is from the commonwealth realm?

Thanks.

[Ticktack]

Thanks for your response.

Yeah we realised that 6 months point. However, does the law say 6 months in a 12 months period or 6 months each entry? (if it matters, her other passport is from a commonwealth real country) In my opinion, it's not clear cut and subject to the ECO's interpretation. As it seems she already residing here under the guise of visitation. Resetting the clock by exiting and re-entering. She can apply with any of her passports. The commonwealth passport doesn't give any extra favours during the application process. More so, it's better to apply with passport of country she's applying from.

What about the proxy marriage and the fact none of us have attended? Different countries, different rules. If the marriage if official, nothing they can do about it. It just needs to be genuine and subsisting.

Thanks again.

[El-Neno]

Thanks for your reply.

If that could cause a problem, how can it be rectified? isn't applying for the family visa considered a rectification as we are now following the rules by applying for family visa?

She is applying from Italy a where she has a residency there.

Another question please, with regard to "proof of knowledge of the English" requirement. Her second nationality is one of the countries listed under no need to prove knowledge of English. Is this sufficient? or she needs to look into providing a certificate from ECCTIS (formerly UK NARIC) to show her qualifications were taught in English?

I really appreciate your help on this. Thanks a lot.

[Ticktack]

Thanks for your reply.

If that could cause a problem, how can it be rectified? You're already on the right path. isn't applying for the family visa considered a rectification as we are now following the rules by applying for family visa? Serious immigration crimes (like overstaying) are overlooked when applying for spouse visas. They could delay the issuance, with a bit of battle, it gets issued. Not saying that's your case here, just giving a perspective.

She is applying from Italy a where she has a residency there. I believe all nationalities are declared on the form. Can't really remember now.

Another question please, with regard to "proof of knowledge of the English" requirement. Her second nationality is one of the countries listed under no need to prove knowledge of English. Is this sufficient? Yes or she needs to look into providing a certificate from ECCTIS (formerly UK NARIC) to show her qualifications were taught in English? For example, if she's from Barbados her passport would suffice. I change my earlier statements based on this perspective. She should apply with her commonwealth passport and also attach her Italian passport as right to reside in Italy. Not sure it really matters which way she swings provided she provides both passports!

I really appreciate your help on this. Thanks a lot. You're welcome.

[El-Neno]

Thanks a lot, it's clear. She will surely submit both passports.

Just to confirm, she doesn't hold Italian nationality. She is Libyan living in Italy (she has residency permit in Italy)

[El-Neno]

Apologies for coming back again.

Will the embassy keep her passports while visa is processing? or would she be able to keep them and travel to the UK while visa being processed.

Thanks a lot.

[El-Neno]

I'll be providing 12 months worth of payslips and I have changed employments in the past 12 months. Do I need to provide the following letter from my previous employer too?
"
A letter from my employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)"

[AmazonianX]

Apologies for coming back again.

Will the embassy keep her passports while visa is processing? or would she be able to keep them and travel to the UK while visa being processed.

Thanks a lot.

There is a keep my passport service available to the applicant thou when successfulwill then need to go submitit to the VAC.

[El-Neno]

Thanks for you response.

Anyone would be able to advise on:

I'll be providing 12 months worth of payslips and I have changed employments in the past 12 months. Do I need to provide the following letter from my previous employer too?
"
A letter from my employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)"

[Londoner007]

You should get:
- A letter from your employer certifying that the payslips are genuine and get it stamped / signed in a company headed paper.

- The same letter can provide your employment details too, or you can also submit your employment contract which will have your work details.

[El-Neno]

You should get:
- A letter from your employer certifying that the payslips are genuine and get it stamped / signed in a company headed paper.

- The same letter can provide your employment details too, or you can also submit your employment contract which will have your work details.

I have this letter from my current employer. My question was do I need to get a letter from my previous employer as well?

Thanks for your help.

[AmazonianX]

I'll be providing 12 months worth of payslips and I have changed employments in the past 12 months. Do I need to provide the following letter from my previous employer too?
"
A letter from my employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)"

Based on point 3. where possible to, get it.

[Londoner007]

If your previous employers are willing to write and stamp payslips to cover the past 12 months then yes that would be great