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How to apply for a Partner/Spouse Visa Under New Rules

Discussion in 'UK Visa and Immigration Help' started by Micawber, Jul 31, 2012.

  1. chazychaz
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    chazychaz New Member

    thanks micawber. we relied on the UKBA site to apply 28 days before the visa expiration or bit earlier. i didn't know we could apply even after the marriage.. but, even if my visa expires but the application still in process, i am still allowed to be here in the UK, right until I receive their decision? :)
  2. Micawber
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    Micawber Renowned Lifetime Member

    I wonder if you're getting mixed up with the requirements for ILR (Indefinite Leave to Remain). In the case of ILR it is specified that the very earliest you can apply is 28 days prior to the end of the qualifying period.(not the date of visa expiry)

    Anyway as I've said before most people who arrive on Fiance(e) visa generally get married and apply for FLR asap in order that there's a minimum wait until the spouse can take up employment. Processing FLR(M) these days seems to take rather a long time. Can be anything between 3-6 months.
    If you have the budget why not consider a personal appearance at one of the UKBA enquiry offices? Yeah, I know it's darn expensive that why I said if you have the budget. It certainly helps avoid that long wait, homesickness and boredom as you'll get the decision on the same day. Food for thought
    If you do feel that's a good route for you just be sure that your application is completely straightforward and that ALL documents are included. If any extra verification checks are needed by back-office caseworkers then you will not get a decision on the day and will likely go righ to the back of the postal queue.

    Anyway, to answer your question. Provided you apply on time, your immigration status will be fine (legally here) until you receive your approval for futher leave to remain.
    You will get leave for 24 months and here you can apply for ILR 28 days before that 24 months is reached.
  3. confused
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    confused New Member

    Hi

    I'm facing a big decision and confused on how to go about it. I have a filipina partner and we have been together over 5 and half years and have a baby together who is 15 months old, she has been to the UK twice before on the tourist visa for 6 months a time. They are currently living in the Philippines as she is already married and waiting for her annulment to be finalised, she split with her husband over 11 years ago and did not believe their marriage was legal. The annulment process has been going on for nearly a year and half now in which I have been travelling over to the Philippines every few months to see them. the annulment may not be finalised now until the new year. My son has a british and filipino passport and so can come over here ok. It is very frustrating and very costly we have to go through all this process just to be together as a family. My dilemma is that I have a job at the moment which pays over the financial threshold however, I would like to stay in Manila for a few months to be with my son whilst we are processing the visa etc. I have savings I can use to support myself over there for a while but not as much £16k, if I go to the Philippines it will mean I will have to quit my job and then when we can apply for the fiance visa I may not have the required income to show I can support her in the UK. I have been offered a self employed freelance role with no guaranteed earnings that will allow flexibility to work from anywhere and so if this does not work out I would plan to get a new job in the UK asap when we come back together if I am not earning any money by then. i would be very grateful if someone could let me know what would be the best way to approach this and would the visa be declined if I do this and cannot show the income?

    Many thanks in advance!
  4. confused
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    confused New Member

    Hi

    I'm facing a big decision and confused on how to go about it. I have a filipina partner and we have been together over 5 and half years and have a baby together who is 15 months old, she has been to the UK twice before on the tourist visa for 6 months a time. They are currently living in the Philippines as she is already married and waiting for her annulment to be finalised, she split with her husband over 11 years ago and did not believe their marriage was legal. The annulment process has been going on for nearly a year and half now in which I have been travelling over to the Philippines every few months to see them. the annulment may not be finalised now until the new year. My son has a british and filipino passport and so can come over here ok. It is very frustrating and very costly we have to go through all this process just to be together as a family. My dilemma is that I have a job at the moment which pays over the financial threshold however, I would like to stay in Manila for a few months to be with my son whilst we are processing the visa etc. I have savings I can use to support myself over there for a while but not as much £16k, if I go to the Philippines it will mean I will have to quit my job and then when we can apply for the fiance visa I may not have the required income to show I can support her in the UK. I have been offered a self employed freelance role with no guaranteed earnings that will allow flexibility to work from anywhere and so if this does not work out I would plan to get a new job in the UK asap when we come back together if I am not earning any money by then. i would be very grateful if someone could let me know what would be the best way to approach this and would the visa be declined if I do this and cannot show the income?

    Many thanks in advance!
  5. Micawber
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    Micawber Renowned Lifetime Member

    Hi there confused, welcome here to the forum.

    I'm really sorry to say this, but my best advice would be to finalise the annulment and then make application for a settlement route visa such as Fiance(e) or Spouse/Partner.
    As it stands right now you cannot apply for a settlement visa as your partner is still legally married. There are some small alternative possibilities but these are very high risk (and cost) and would require the services of professional immigration advisors.
    Personally I would not recommend this.

    My best suggestion is that you maintain your current job, secure the annulment, visit Philippines and get married, then apply for a settlement route visa as spouse.

    I do understand that this may not be what you wanted to hear. But please understand, however tough, this is going to be your optimum and most secure pathway for bringing her to the UK under regular UK immigration routes.

    There is another possibility that may be worth considering under certain conditions, namely what is commonly known as the EEA route. However, even this route requires that you are married to your partner.

    Please do reconsider quiting your job and going to Philippines. You need all the evidence of employment and payslips etc right up to the date of visa application.

    Sorry to say you need even more patience just now.

    Sorry for this brief response. Please ask questions if there's something you don't understand.
    If I missed an important point maybe someone else will intervene right now.
  6. missyrable81
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    missyrable81 New Member

    Hello ,, can you help me please ?
    Im in an online relationship with a guy from the uk and have been since July 2011 we have met only once for five days but are in constant communication with each other and we wish to get married sooner than later and he is on DLA which makes us exempt ( i think ) from needing savings but we are not sure if he will be allowed to support me on his benefit money if i go to the uk ,, Any help with this issue would be a great help and also which visa we should apply for..

    thank you very much in advance..
    Last edited: Nov 19, 2012
  7. mminey
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    mminey New Member

    Anyone please who can give me the some advice?

    I have sent an e-mail to a visa centre for some inquires on UK Spousal Settlement Visa application. One question is about one of the qualification ‘you and your partner have the intention to live together in UK’ which was actually my number one question. I got a reply from them saying that they will respond to my enquiry in 5 working days from the day I sent the e-mail. Today’s the 5th or 6th working day yet still no response. I’m pretty sure it will come soon because per experience they have never failed to answer my previous inquiries but I just need some advice from others that might also be helpful.

    The Question went something like this:
    ‘‘One of the qualifications of a spousal settlement visa is the ‘intention to live together in the UK’. I need to ask if there is no complication to my husband and I‘s situation. My husband is currently working in the Middle East but he can go home to UK thrice a year for 15 days per vacation. That means that I and my husband well be staying together in UK 45 days in a year. He will just be working in the Middle East for another 2 years or less so he can join me at last in the UK after that. It’s just that because of his job outside UK, we cannot always be physically together but the communication and will be regular. And besides, I as the wife will have to take care of our home in UK whilst my husband is away in another country working. Going back to my question can you help enlighten me if this job of his abroad is a conflict of ‘intention to live together in the UK’ qualification.”

    Incidentally, my husband and I became lovers since 1st quarter of 2010 in the Middle East where we meet first personally and then we got married in last quarter of 2012 in the Philippines.

    I very much appreciate you kind help. Thank you in advance.

    Sincerely,
    Mminey
  8. Micawber
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    Micawber Renowned Lifetime Member

    Sorry, but I missed this posting before.
    Probably as it got hidden in the middle of this thread.

    There's not any major problem for your husband to be in salaried employment working overseas.
    However, as you are already aware, there a pretty big challenge convincing the ECO that you do infact meet the requiremnet that, as a couple, you intend to live together permanently in the UK.

    It has certainly been achieved with similar circumstances under the 'old rules', but to be honest I've no experience of suitable evidence under the new immigration rules.

    I would suggest a brief consultation with an experienced immigration advisor who has been successful with similar applications under the new rules.
    Without some very good evidence and possibly supporting statements from employers etc it's hard to see how 45 days per year max in UK by your husband will persuade the ECO.
    My personal opinion is that the ECO would want to suggest you join your husband in his current country of employment and residence.
    Last edited: Jan 28, 2013
  9. raddy
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    raddy New Member

    Hi

    I married my Filipino wife in April 2013 I am back in the Uk she is back working in Hong Kong we are applying for her to come and live in the UK, what a pain the visa application is!!!
    Anyway Question: Her passport is valid until Feb 2014 does she need to renew it before we apply for her visa or is it ok to apply now before she renews it????
    Last edited: May 4, 2013
  10. Anon220806
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    Anon220806 Well-Known Member

    It is optional.

    My wife didn't, she got her spouse visa in 2011 and she is here in the UK now. Her passport is still in her maiden name and she wont change it till she applies for a new passport next year.
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  11. pegill
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    pegill New Member

    Micawber: Can you advise me on my situation please for clarification purposes.

    I am currently awaiting my decree absolute which will be issued in the middle of March. my fiance and I are looking at processing the VAF4A Visa next week. is there likely to be any issue with this fact. I will be supplying a cover letter detailing the facts and the supporting letter from the NISI and a letter from my ex. but all I can see in the details on the requirements. Prove all previous marriages have broken down.

    I have approached the UKBA which will not deal with any entrance VISA query and I cant get in touch with VFS contact centre in Manila.
  12. Micawber
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    Micawber Renowned Lifetime Member

    Hello pegill, welcome here to the forum :welcome:

    I can only make a comment based on the information you've provided in you post.

    Firstly, to be fully compliant with UKBA immigrations rules for Fiance(e) visa you'll normally need to provide evidence that any previous marriage has permanently broken down. The best evidence for that is divorce decree absolute.
    To be honest it can be possible to provide documentary evidence and a divorce Nisi to convince the ECO to allow a Fiance(e) visa be granted, but you'll need to understand that there is a risk involved. As I recall there's normally a 6 week period between Nisi and Absolute, unless you have very pressing reasons I would tend to suggest you wait for the Absolute. I have to advise route, that simply because I have no other knowledge about the process and timing that got you to where you are now. These settlement Visa's are too important to give discretion to a UKBA Entry Clearance Officer.

    I say be sure and remove any risks for failure.

    You'll need to pay particular attention to your supporting evidence that your relationship with your partner is Genuine and Subsisting

    One of the new downsides of a Fiance(e) visa that of clearly providing sufficient evidence that your partner is genuinely seeking entry to the UK to allow a marriage to take place and that you both intend to live together permanently in the UK. You'll need to provide something in support of these issues which is more than just a written statement of intent.

    Hope that opinion helps your decision process
    Good luck
    Last edited: Feb 21, 2013
  13. victorin
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    victorin New Member

    Hello !

    i really need some information !

    im a Moroccan , my girlfriend are British citizen , we planed to get married here in morocco next month but were afraid about the new laws (after 9 july 2012)

    i think id met all the requirement as i passed my English test (KET) , me and my girlfriend had met in morocco twice also we had prove of are genuine relationship.

    are problem is the financial requirement as my girlfriend can't reach that amount of 18600 £ annual shes working on a cleaning job . she had a home rent from council, she gots kids from previous relationship lives with her thats why she cant work a full time job!
    shes also my cousin and i have proof of this .
    is there any other solution can be applied as i can get into my bank account a 4000 £ if it can help ? or can i have another sponsor or i should be sponsored from my girlfriend ??


    hear from you soon !

    thank you !


    victorin.
  14. Micawber
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    Micawber Renowned Lifetime Member

    I previously supplied comments to this question in your previous posting.

    Here's what I said:-

  15. charmed1206
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    charmed1206 New Member

  16. charmed1206
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    charmed1206 New Member


    Good day everyone! Another quick question: We are aware that we need to submit pictures of us together as a couple, with family (to prove that my British husband met with my family to formally ask my hand to marry him), with friends (to prove that he met my friends and I formally introduced him to my colleagues), and our wedding pictures, as well. But we are wondering how many pictures for each should we submit?




    :phils:
  17. Micawber
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    Micawber Renowned Lifetime Member

    The only specified requirement for photographs is for the applicant to provide 2 recent passport photographs together with their passport.

    Joking apart though, the part of the visa requirement that most people use photos is in connection with submitting evidence that:-

    - you and your partner have met in person

    - That the relationship is "genuine and subsisting"

    The saying "A picture is worth a thousand words" is certainly true in this case and careful selection of photographs will be a big help.
    Try to select those photos that 'communicate' a certain message and feeling about the relationship.
    I'd suggest a variety of photos in clearly different locations and situations and wearing different clothes. Perhaps include those of you together in recognisable places, certain buildings and tourist areas/resorts.

    Include photo's of you both together as a couple and also a few group photo's with yourselves and family members.
    Obviously if already married include a selection of the wedding photos. (don't include a video)
    Or perhaps there was an engagement party.

    Remember your trying to convey the message that you've clearly met each other and spent time meaningful time together.
    Although there is no requirement that two people must spend a specific amount of time together in person, it's reasonable to expect that the ECO may be skeptical of couples with only a very minimal face-to-face history prior to application.

    There's no specified number of photos. Just enough to convey the message outlined above. With a few carefully selected photo's hopefully you can get the balance right between phographic evidence and other evidence.
    Don't rely on photographic evidence entirely. You will still need other supporting evidence such as air-tickets/flight itineraries/boarding passes, hotel receipts, travel receipts,photocopies of stamped pages of passport and any other significant documents you may have.

    Sorry I can't give a specific number, but hopefully you have some additional ideas of how to approach the selection.
    Last edited: Mar 31, 2013
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  18. raddy
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    raddy New Member

    Hi

    I married my Filipino wife in April 2013 I am back in the Uk she is back working in Hong Kong we are applying for her to come and live in the UK, what a pain the visa application is!!!
    Anyway Question: Her passport is valid until Feb 2014 does she need to renew it before we apply for her visa or is it ok to apply now before she renews it????
  19. Micawber
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    Micawber Renowned Lifetime Member

    I gave a quick reply in your introduction post.
    There's no requirement for that, but it really depends on your plan and the timing.
    If you have time to renew now it's likely to be the optimum plan going forward.
  20. raddy
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    raddy New Member

    Thanks

    She is intending to submit the Visa application within the next 2 weeks, we are just getting together the last few "Original" documents I need to send her in HK. We knew this would be the worst time but really the UK Border website is very unclear about requirements it's good to find this site. We were worried her passport would be a problem but if she is allowed to travel here to the UK then she will renew when she gets here.
    Thanks again for your help, I have no doubt I shall be asking many more questions before the process is complete

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