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Spouse Visa/indefinate Leave To Remain(uk) - Travel (2) - Nairaland

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Discretionary Leave To Remain Visa In UK. / My Mum Ilr(indefinate Leave To Remain) Was Denied Was The Second Time / UK Spouse Visa/Appeal Process-part2 (2) (3) (4)

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Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 6:11pm On Oct 17, 2010
manuch:

my advice is to you is to use a lawyer in the uk .that's what i did it costed me £450 they made sure all my documents were in order and go through it before it was submitted.
The guy seems to be in Nigeria,how is he meant to use lawyers from the Uk to submit his application when it is meant to be submitted in Nigeria by the applicant?,I think you are describing a total diff catigory here,dont you think so?in country and outcountry?
Re: Spouse Visa/indefinate Leave To Remain(uk) by manuch(m): 7:39pm On Oct 18, 2010
yes my wife was in nigeria and i used a lawyer here in the u.k for her spouse visa.
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 8:17pm On Oct 18, 2010
manuch:

yes my wife was in nigeria and i used a lawyer here in the u.k for her spouse visa.
oh I see, so the lawyer arranged all teh Docs and sent it to the british high commision in Nigeria?
Re: Spouse Visa/indefinate Leave To Remain(uk) by Omolola911: 6:12am On Dec 08, 2010
Just a quick contribution to those that are wanting to apply for spouse visa, To the glory of God my husband got his spouse visa yesterday after just 2WEEKS of applying, grin

We applied 5days after our wedding at ikeja center . i went back to uk about 4days after the application. We were waiting for them to call him for an interview, i tracked his application online and it said his passport was ready to be collected. We were so scared that it wasnt good news cos from what i've read, it takes about 1month.

These r documents that were submitted.
1, Certified copy of my passport
2, original birth certificate
3,6months pay slip
4,6months bank statement(my account was even overdrawn each month BUT when i get paid its clears my overdraft) My balance at the time was just about £500
5, Saving account with just about £400
6, Phone bills(although i used a phone card so it doesnt ahshowis number but i explained this in the letter)
7,loads of emails (from 2005 when we met)
8, Wedding pictures and other pictures of us together as well as Nysc pictures (we met during NYSC)
9,Property details( i dont own my house, i live with my sister and pays her each month) she wrote a letter to say it was ok for us to live there for a while with mortgage statement,land registry,property description and council tax bill.
10,letter from myself
11,Letter from my employer
12, my flight tickets for 5yrs
13,p60

From hubby
4 months bank statement (with end balance of just under 100k)
letter from employer(started working 4months ago
birth cecertificate_
applied 23-11-2010
collected 07-12-2010


i have been worried sick that they would have a problem with our finances but it didnt even matter.i've heard i have to have at least 3k in my account and my hubby about 1million naira shocked, but we didnt, If anyone has any questions,, i'll be happy to help if i can cos i know how it feels and what its like within this period smiley

1 Like

Re: Spouse Visa/indefinate Leave To Remain(uk) by waslag: 4:39pm On Dec 08, 2010
hello guys i need your advice on my spouse visa that am planning to apply me and my fiancée are both living together in UK, we are planning to come to Nigeria to get married the problem now is my fiancée just gave birth now and she has stop working. she only entitle to £490 per month as maternity pay she called council to pay part of her rent and council agreed to pay, she doesn't tell council that we are living together so i wanna know if the embassy gonna check her name or is it going to be a problem when i apply as a spouse when we come to Nigeria i don't really know what to do about it guys advice me my student visa was refused and i lost the appeal aswell am just waiting for permission to appeal to upper tribunal but i don't thing it we be good new aswell
Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 7:46pm On Dec 08, 2010
@waslag
When u planning to apply? Is your name on the birth certificate n has your child go a British passport? Embassy won't know if your name on the house but you need to prove to them to intend to live together and that your accommodation is suitable. You have to pass the new English test too. Why can't you marry in the UK n travel 2 lagos to apply?
Re: Spouse Visa/indefinate Leave To Remain(uk) by graffiti: 8:08pm On Dec 08, 2010
@Omolola911
Congrats on your success. Are you saying your spouse wasn't called for an interview by the BHC??
Re: Spouse Visa/indefinate Leave To Remain(uk) by waslag: 10:32am On Dec 09, 2010
No i can't married in Uk because my student visa has expired what i want to confirm is, me and fiancé are living together now but we don't have enough money because am not working and my fiance is only receiving £490 maternity pay, now my fiance is about to apply to council to pay for her house rent. I wanna know if we come to Nigeria to apply as a spouse is the Embassy gonna know that council is paying for her house? the house is a private rent house and the house agreetment has both our name. our child has not got British passport yet because they said it take 3 to 6 weeks but we have apply for it and the child has my surname
Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 10:55am On Dec 09, 2010
waslag:

No i can't married in Uk because my student visa has expired what i want to confirm is, me and fiancé are living together now but we don't have enough money because am not working and my fiance is only receiving £490 maternity pay, now my fiance is about to apply to council to pay for her house rent. I wanna know if we come to Nigeria to apply as a spouse is the Embassy gonna know that council is paying for her house? the house is a private rent house and the house agreetment has both our name. our child has not got British passport yet because they said it take 3 to 6 weeks but we have apply for it and the child has my surname
British passport dont take that long for children, try use the post office check and send, i think its about £6 or more + passport fees, and you will get the passport under 2weeks.
Very good the child has your surname and your name appear on the birth certificate. on the VAF4 they will ask, so you cant lie coz if you do then thats a straight refusal my guy. I learnt that certificate of approval will be discontinued in the new year so you will be able to marry in the UK, except you have enough money, then you and your spouse can travel to nigeria. You have to prove to the embassy you have about £160 per week available after paying all bills, to meet the maintenance requirement. How much do you have in your account and your spouse? It will surely be hard to meet the £160 per week except you have some savings in the bank. Have you seen a solicitor before deciding to go to Nigeria, has you can be eligible to apply outside the immigration rules for DLR? How old is the baby? Wherebout are you in the UK?
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 12:44pm On Dec 09, 2010
Omolola911:

Just a quick contribution to those that are wanting to apply for spouse visa, To the glory of God my husband got his spouse visa yesterday after just 2WEEKS of applying, grin

We applied 5days after our wedding at ikeja center . i went back to uk about 4days after the application. We were waiting for them to call him for an interview, i tracked his application online and it said his passport was ready to be collected. We were so scared that it wasnt good news cos from what i've read, it takes about 1month.

These r documents that were submitted.
1, Certified copy of my passport
2, original birth certificate
3,6months pay slip
4,6months bank statement(my account was even overdrawn each month BUT when i get paid its clears my overdraft) My balance at the time was just about £500
5, Saving account with just about £400
6, Phone bills(although i used a phone card so it doesnt ahshowis number but i explained this in the letter)
7,loads of emails (from 2005 when we met)
8, Wedding pictures and other pictures of us together as well as Nysc pictures (we met during NYSC)
9,Property details( i dont own my house, i live with my sister and pays her each month) she wrote a letter to say it was ok for us to live there for a while with mortgage statement,land registry,property description and council tax bill.
10,letter from myself
11,Letter from my employer
12, my flight tickets for 5yrs
13,p60

From hubby
4 months bank statement (with end balance of just under 100k)
letter from employer(started working 4months ago
birth cecertificate_
applied 23-11-2010
collected 07-12-2010


i have been worried sick that they would have a problem with our finances but it didnt even matter.i've heard i have to have at least 3k in my account and my hubby about 1million naira shocked, but we didnt, If anyone has any questions,, i'll be happy to help if i can cos i know how it feels and what its like within this period smiley


Congratulations grin grin I know how you feel

That was straight forward, no interview shocked shocked

People say all sort of things as par the bolded part above, you just have to ignore and do your thing. How can anyone suggest 3000 Pounds shocked shocked or even 1 million naira. cheesy Incredible.

Have fun and enjoy your marital life. Hope I am not being nosey but you don't intend to stay with your sis or do you?
Re: Spouse Visa/indefinate Leave To Remain(uk) by demi2008(f): 1:56pm On Dec 09, 2010
Thanks for this thread. My sister also wants to apply for a spousal visa for her husband from nigeria but she gets child tax credit and working tax credit to pay for her child's nursery. She works full time and earns £1350 per month. I've advised her to cancel her claim but her answer is how does she pay for nursey (£820 every four weeks). I now advised her to cancel the claim when she is going to Naija for her wedding (lets say a week b4 travelling) as her child wont be in d nursery during their hol and she wont have to pay for childcare and pray her husbands visa is issued b4 she returns or better still the child stays with my mum pending the issuance of her husbands visa. Every other thing is ok i.e house, savings, emails, telephone records etc.
Nairalanders advise please.
Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 2:16pm On Dec 09, 2010
@demi
She don't have to cancel her tax credit claim, as this is not a public fund as stated under paragraph 6 of d immigration rules.
Goodluck to her anyways.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 3:00pm On Dec 09, 2010
@Demi,

She doesnt have to stop her working class and child tax credits. Those are not classed in the same category as jobseekers, income benefits etc. She works and has accomodation which are the most important.
Re: Spouse Visa/indefinate Leave To Remain(uk) by demi2008(f): 3:13pm On Dec 09, 2010
@ Segseybaba and Aysometin pls read

http://www.ukba.homeoffice.gov.uk/while-in-uk/rightsandresponsibilities/publicfunds/

Public funds
Rights and responsibilities

This page explains what public funds are and whether you are able to receive help from them while you are living in the UK.

If you have been given permission to live in the UK, this permission may include the condition that you have 'no recourse to public funds'. If so, you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.

However, there are exceptions for some benefits. If you are in any doubt, you should contact the department or agency that issues the benefit. This will often be the Department for Work and Pensions or HM Revenue & Customs.

Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:

income-based jobseeker's allowance;
income support;
child tax credit;
working tax credit;
a social fund payment;
child benefit;
housing benefit;
council tax benefit;
state pension credit;
attendance allowance;
severe disablement allowance;
carer's allowance;
disability living allowance;
an allocation of local authority housing;
local authority homelessness assistance;
health in pregnancy grant; and
income-related employment and support allowance.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 5:05pm On Dec 09, 2010
We are not disputing the fact
What we are saying is that working tax credits or child tax credits are not used as basis to deny anyone visa. This benefits are just there to support an employed person. Like I said earlier, proof of employment, some savings and accomodation is the key
It doesn't fall in the same category as unemployment benefits( Jobseekers etc) which obviously means the sponsor is unemployed and can't take care of someone else
Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 5:17pm On Dec 09, 2010
@demi

theres an exception as stated under paragraph 6B

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/introduction/

Stopping her tax credit claim will only make her fail the financial requirements of the spouse visa, so my advice is to keep claiming and whenever her hubby arrives the UK, she should notify them immediately so a joint claim for her and her husband would be initiated.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 9:03pm On Dec 09, 2010
segzeybaba:

@demi

theres an exception as stated under paragraph 6B
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/introduction/

Stopping her tax credit claim will only make her fail the financial requirements of the spouse visa, so my advice is to keep claiming and whenever her hubby arrives the UK, she should notify them immediately so a joint claim for her and her husband would be initiated.

cool
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 8:51am On Dec 12, 2010
Glad this thread is helping loads of people grin grin
Re: Spouse Visa/indefinate Leave To Remain(uk) by BABABABA: 7:19pm On Dec 29, 2010
i was married according to tribal custom in Nigeria in 1990.Hence there is no marriage certificate whatsoever.The marriage came to an end in Nov 2010, pls what documents will i have to show the home office that i am not married to her any longer because i want to apply for certificate of approval, i understand the fact that i need to prove to them that i am free to remarry agian.pls i need an urgent reply, thanks
Re: Spouse Visa/indefinate Leave To Remain(uk) by justwise(m): 7:24pm On Dec 29, 2010
BABABABA:

i was married according to tribal custom in Nigeria in 1990.Hence there is no marriage certificate whatsoever.The marriage came to an end in Nov 2010, pls what documents will i have to show the home office that i am not married to her any longer because i want to apply for certificate of approval, i understand the fact that i need to prove to them that i am free to remarry agian.pls i need an urgent reply, thanks

Divoice certificate?
Re: Spouse Visa/indefinate Leave To Remain(uk) by BABABABA: 7:55pm On Dec 29, 2010
thanks for ur reply, i was not married in the Court, i had a traditional marraige,pls read the message agian,
Re: Spouse Visa/indefinate Leave To Remain(uk) by Busybody2(f): 8:19pm On Dec 29, 2010
aysometin:

We are not disputing the fact
[size=14pt]What we are saying is that working tax credits or child tax credits are not used as basis to deny anyone visa[/size]. This benefits are just there to support an employed person. Like I said earlier, proof of employment, some savings and accomodation is the key
It doesn't fall in the same category as unemployment benefits( Jobseekers etc) which obviously means the sponsor is unemployed and can't take care of someone else

shocked Isn't this the reason that Gzamu girl on X-factor is facing deportation with her Mum and Brother shocked

Of course, I know Demi2008's case is different obviously, as for her Sister to be applying for Spousal visa for her hubby, she must have a legal right to remain in the Country hence have a legal right to claim any public fund she is entitled to.



waslag:

hello guys i need your advice on my spouse visa that am planning to apply me and my fiancée are both living together in UK, we are planning to come to Nigeria to get married the problem now is my fiancée just gave birth now and she has stop working. she only entitle to £490 per month as maternity pay she called council to pay part of her rent and council agreed to pay, she doesn't tell council that we are living together so i wanna know if the embassy gonna check her name or is it going to be a problem when i apply as a spouse when we come to Nigeria i don't really know what to do about it guys advice me my student visa was refused and i lost the appeal aswell am just waiting for permission to appeal to upper tribunal but i don't thing it we be good new aswell


Abeg wetin you wan go Naija go do,


Either

1) Apply for a COA, or get married in a Church of England, then go home to apply for spousal visa, though be prepared to be punished by being made to wait before you get granted the visa.

2) Get a Solicitor to put in a discretionary leave application on Humanitarian ground.

3) Get a Solicitor to put in an appeal under Article 8 under the right to family life.
Re: Spouse Visa/indefinate Leave To Remain(uk) by manuch(m): 8:45pm On Dec 29, 2010
@BABABABA

WOT IT MEANS THAT LEGALLY YOU ARE NOT MARRIED . SO YOU REQUIRE NO DOCUMENT
Re: Spouse Visa/indefinate Leave To Remain(uk) by BABABABA: 8:57pm On Dec 29, 2010
@manuch
@justwise

my details at the home office shows that am married and the documentary evidence that i provided as at then was a sworn affidavit hence i think a sworn affidavit shld be an acceptable documents that am not married any longer ?

1 Like

Re: Spouse Visa/indefinate Leave To Remain(uk) by juzme: 9:16pm On Dec 29, 2010
BABABABA:

thanks for your reply, i was not married in the Court, i had a traditional marraige,pls read the message agian,

You will need to provide a document proving that you are free to marry and that you never been married or that you are divorced. And in this case if you are to obtain this document from an embassy or any office back in Nigeria, you still need to prove to them that you are divorced.
Although, I am not fully sure of this but I think Nigeria government recognised traditonal marriage which of course you need to register in your local government. Then you must provide a certficate of divorce to any Nigeria authority before they should issue certificate of no impediment to you.
Also, I must say that if HO is aware that you are married before, they will make sure that you provide all the necessarily documents that prove that you are legally divorced. It does not matter if it was traditional marriage. But I am sure if it is to be them that need the marriage certificate they will not recognise it.
Re: Spouse Visa/indefinate Leave To Remain(uk) by demi2008(f): 11:56am On Dec 30, 2010
@BABABABA u can get 1 from the customary court in Naija
Re: Spouse Visa/indefinate Leave To Remain(uk) by BABABABA: 11:54pm On Dec 30, 2010
@demi2008
@juzme

thanks guys for ur contributions
Re: Spouse Visa/indefinate Leave To Remain(uk) by raiisaj: 12:08am On Jan 02, 2011
sorry, i know ds is not a student visa thread but i need advise from those dat are in d Uk n understand d system well, txxx


Am planning to take ACCA and CFA qualifications for career advancement. I have chosen Kaplan FTC London and fully paid the fees,

--I studied for my undergrads in the UK
--I got married to a british whilst in the UK but the marriage didnt work, and the home office was informed; at that time i had application with the HO to get the 2yrs spouse visa and at the knowledge of my marriage mishap the application was rejected.
-- I left the UK 3 weeks after i got my passport back, i needed time to clear my head anyway.
-- I havent returned back to the UK since 2008, ve been here and working with a very decent salary
-- I have my immediate family members in the UK (parents n siblings), all citizens.
-- I have the required £7200, of which £4000 out of it has been in my account for a while and the remaining got to my account on 23rd dec.
-- I wish to apply for visa in the on the 24th jan (to observe the 28days ritual)

Concerns
Can anyone pls help me, will any of the stated above info av any negative effects on the application?
Is there anything i need to look out for before applying?


Anyone with this kind of experience pls help, especially with the failed marriage issue, dont want it to sound like a sham marriage especially with the rise in sham marriages in the UK of recent. We were truly wedded but fell apart at the slightest sight of trouble.

BTW there was nothing like "ban" or any of tjose negative statements in the letter they used to refuse FLR
Re: Spouse Visa/indefinate Leave To Remain(uk) by Omolola911: 7:22pm On Jan 02, 2011
@graffiti, sorry its taken so long to reply but YES no interview whatsoever. He got it within 2wks smiley

@: aysometin, no nawwwwwww, will move out soon tongue grin
Re: Spouse Visa/indefinate Leave To Remain(uk) by Mentoring: 2:29am On Jan 14, 2011
Hi aysometin
Please can you email me(ogiekings@yahoo.com) sample of sponsorship declaration letter, I am applying for ILR and my wife is the sponsor.
God bless

To All
Your contributions is great God will keep blessing you all with good intention to help fellow brothers/sisters here.
It is Well with us.
Re: Spouse Visa/indefinate Leave To Remain(uk) by babaowo: 9:32pm On Jan 14, 2011
please frds what can someone who his asylum application was refused 4yrs ago at oakington,n he got married to scottish woman who is 11yrs older than him,n she is has mortgage n she is working, both had met before husband was removed in january 2007.good advices please or pass experiences thank alots.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 5:47pm On Jan 15, 2011
Busy_body:

shocked Isn't this the reason that Gzamu girl on X-factor is facing deportation with her Mum and Brother shocked


Madam we are talking about people that are entitled to claim the benefit in the first instance. Gamu's mother was denied because she claimed working tax credits when she wasn't supposed to.

To those asking for the sample letter, I am so sorry, I have searched the lenght and breadth of my computer for the one I wrote and can't find it. I think I must have deleted it. embarassed Please search the internet for one.
Wish you guys all the best.

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