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Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 12:54pm On Jul 30, 2017
tayeby78:
None that I can think of. Do you think that can pose as a risk?


You only need a letter from your mum stating that you are allowed to live there with your spouse. You also need to the land registry document to prove that the house belongs to your mum and also an inspection report to show there will be no overcrowding. Utility bills are NOT required for spousal visa applications only for the FLR application after the first 30 months. You probably also have to explain in the additional section or cover letter that you will be living in your mums house. The letter, land registry documents and inspection report should be enough.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 12:44pm On Jul 30, 2017
chrisj2:
Hi folks,

Does a partner/spouse need an English Language proficiency test just to go and join a partner/spouse in the UK.

The Nigerian partner does not have higher education certificate.

Thanks

Yes. IELTS A1. IELTS B1 for FLR after the first 2.5 years.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 3:19pm On Jul 29, 2017
tayeby78:
Thank you guys so much for all your always helpful advice.

My mum has kindly agreed for us to use her 5 bed house to meet accommodation requirements. Please does anyone know what the letter should include? Anyone used a relative house to meet this requirement before? What documents do we have to submit?


A letter stating you are allowed to live there with your spouse. Also get the land registry document to prove the house belongs to your mum and possibly an inspection report to show there will be no overcrowding.

1 Like

Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 3:16pm On Jul 29, 2017
erico2k2:

YOu should have asked why I said 10 years to go, its not a joke,
If you are applying as the spouse of a settled person, you are given 2.5 years x 4 B4 indefinite leave to remain then wait on extra year to get nationalization then British passport.DO you now see why I said it might be 10 years

A spouse of a settled person gets 2.5 years x 2 (5 years route) before indefinite. 2.5years x 4 (10 years route) is for parents of a settled person or for spouses who do not meet the financial requirements but qualify under exceptional circumstances.

5 Likes

Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:20am On Jul 28, 2017
readynow:
please have another question do anyone have any issue with laminated credentials all my certificate are laminated,name it all nysc,bsc,marriage cert,waec.i read in this forum that laminated copies are not acceptable

1. how do i go about getting the certify true copy
2.do i go through the school or through a notary public or lawyer to get a certified true copy
3.when applying would it be necessary to take a picture of the all laminated certificate for evident that it was laminated and present the certify copy along side or i should simply present the certify true copy only
4.what reason will i give for laminating

please if you have experience this i will like know how you went about it,or am i the only one with this experience

please help your comment will be appreciated


Lamination is a big no no. In most instances the HO does not accept laminated documents because they equate lamination with defacement. This would principally apply to documents issued overseas as they cannot readily check the genuineness of these documents. If your degree certificate is from a UK university they are only a phone call away and lamination will not be an issue. I will advice that you try getting a new wedding certificate as that's the most important from your list. I also hear some shops can help unlaminate documents without ruining them, so maybe look into that.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 12:45pm On Jul 27, 2017
readynow:
Hello, myself and my wife communicate through WhatsApp and Facebook is that ok,but most of our calls are on WhatsApp.
she left for UK 7 month ago and has beeen working since then.
We hardly send mails and we don't do Skype call. Just Facebook and WhatsApp call.does this have effect on our application since someone says that mails are important
2.on her email the name is in her marital name I.e but her passport is in her maiden name.can she edit her name in gmail settings to reflect the maiden name to correspond with the name on her passport,since her passport still reflect her maiden name.
3. Will changing her name in her gmail account setting from marital to maiden to correspond with her passport not raise suspicion.your prompt and kind response will be appreciated.
Example : all emails before now are in:Fola patrick ( marital name patrick)but want to change on gmail setting t to:reacheal Fola Smith (Smith being her maiden name) as reflected on her passport.
4.we communicate most of the times using whatsapp and sometimes through facebook messenger.whatapp record the call logs record is showing MY SWEETHEART which is the name i use to save her number. is this ok or should i change it to her real name

1. As far as I understand, as long as you have records for most of the duration of the relationship, it doesn't matter if it's just whatsapp or Facebook or both.

2. I know people with maiden names on their account statements and employment letters and it didn't affect them in anyway. Email settings are far less important.

3. Be advised that a lot of spouses keep their maiden name even after getting married, doesn't have anything to do the application.

4. Doesn't matter. You can include in your cover or introductory letter that your spouses nickname on your chat records is so so.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:25am On Jul 26, 2017
tayeby78:
Application was refused based on not meeting the financial requirements......i hasn't been in my current employment for 6 months so I combined my documents from self employment and 3 months of current earrings to show evidence which was completely wrong. This had now been rectified as I have been in current employment for over a year now and earn over 40k per annum.

Also refused on relationship not being genuine cos we only submitted pictures from court wedding and traditional wedding which was about 6 pictures.....*covers face * and no chat or call history included. Again, we have enormous evidence to prove this.

Lastly was the English language because we only added the transcripts from his UK masters degree and not the degree certificate but we have now done a naric certification from his bsc in naija.

Lawyer reckons it is not a good idea to reapply now since there's a hold on making decisions on spousal applications 're the financial requirements and that even priority applications are waiting longer than usual. I am so confused. Don't know what other steps to take. Just wish I'd known about the forum before we applied:-(

You need to reapply. Pay slips must match with bank statements. Include as many pictures as possible as well as chat and/or call records over the time period of your relationship. Get a letter from your landlord stating spouse is allowed to live with you, including your tenancy agreement if possible and an accommodation report to state that there will be no overcrowding.

The hold on spousal applications has been due to backlog on applications not meeting the financial requirements. This was caused by the Supreme Court ruling in February this year. However, the Home Office made those changes on July 20, 2017 and will begin implementing on August 10, 2017. You can see https://www.freemovement.org.uk/home-office-makes-changes-appendix-fm-minimum-income-rule-following-mm-case/ for more details. If your lawyer doesn't know this, then I do advise that you get yourself a new lawyer or do it yourself. There's a group on Facebook that's also great at helping in this process and afterwards.

2 Likes

Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:09pm On Jul 20, 2017
Hi all.
There has been a statement of changes today to the immigration rules on settlement applications on the gov website.

https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc290-20-july-2017
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:37pm On Jul 10, 2017
[quote author=MrBBBB post=58317559][/quote]

From what I understand there is a huge backlog of applications at Sheffield, probably over a million applications. Priority applications depending on country are currently taking about 60 working days. You should contact your MP to escalate your case.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:33pm On Jul 10, 2017
Spinardo:


Hello Teejay.... Your view is valid however we also need to confirm if she has children cause the ruling also affects children based on teh increasing gross income required per number of children...so if she does, that will be a MAJOR reason..... She confirmed that she meets the minimum gross of 18,600...besides i think it will be fool-hardy for anyone to submit without meeting the minimum gross.....

Also, technical foul.... family visa is not the same as a standard tourist visa oooo...the requirements differ. That said, I agree with your thoughts that the ECO COULD preclude that her hubby deceived them into availing a visa with another intent in mind.... At this point, it is the superior argument of the lawyer that may be the winning strategy....even as much as we understand that once u read up this thread, u will not need a lawyer, this "strategic" move by abbij ehhhnn....na lawyer fit argue am... heheheheheeee...

Best of luck my peeps waiting....I know it can be VERY tiring and HBP-prone but all we can do is pray.....and keep faith..... It will all be well....

Just my additions for further clarity to OUR "family"....

There have been a few decisions like this even with no children and financial requirements met. It's possible the ECO didn't understand the income statement or they are just incompetent. It can be escalated by contacting them either directly or via your local MP.

Also, from what I understand a family permit visa is for spouses or family members of EU nationals and formerly family visit and business visit visas are now the same as a standard visit visa. For every visit visa you must prove that you have strong ties outside of the UK to return to. Prior to 2012, you could go this route as long as you could prove that you have lived with your spouse for a specified amount of time. There are lot of people who have tried this unsuccessfully, some cases still pending in appeal courts and some visas cancelled at the airport because they didn't believe the spouse would leave upon entry.

If your spouse is an EU national or refugee it can be done but probably will take up to 6 months. But British nationals and settled persons have to prove exigent circumstances and just pray.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:08pm On Jul 10, 2017
sholeke:



At Spinardo

I do meet the financial requirement if not we will have not submitted the application and we don't have children yet. What I don't understand if they think the financial requirement is not met why they put on hold instead of refuse. I am not asking for it to be refused I believe God will take control . Am reading lots of applications are on hold

I belong to a group on Facebook where a few members are in the same situation as you. One of them also without any children was wrongly put on hold. She believed it was due her husbands adverse travel history. She and her sister sent them emails and called to escalate. It was successful. I advise that you do the same. Also contact your MP to follow up. God is indeed in control.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:01pm On Jul 10, 2017
abbij:
I agree with the above post. however, ours wasn't planned that way. We had proof of everything showing that there was no deceit . I was living in the UK for the last 1 year with my hubby and 4 kids living in Naija. I came simply to work for a year, however, when my hubby and kids came for holidays in march (to return 3 weeks later , had return tickets for them all), the kids refused to leave. My husband cannot go back to file as that will require me to take care of them which means, i may have to quit my job. He is the full time carer for them. Unfortunately i cannot afford the cost of a full time nanny to take care of 4 kids and i work over an hour away from home. The kids are all british so they have a right to stay.
However, if i chose to care for them, then i will need to quit my job which make it ineligible for me to file for hubby in Nigeria based on income. We meet the income treshold with my well paying job as well as every single requirement needed. So the only option we had was the route we went as we had full mitigating circumstance to show . We found schools for the kids, they got accepted into football academies (my son wants to play pro)- He got a 1 year contract with Norich City FC. (smiles) etc. so they kids are basically now considered settled, with dad involved in the everyday routine which will affect their settlement. I could go on.
I am just adding to what Teejay had said, it is not the advisable route to go unless you truly had no choice.

Per the app, we did a standard route.

I do think you have a strong case and with a good lawyer you should have no problems.
Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:38am On Jul 10, 2017
sholeke:
In need of urgent advice my husband has received email saying our application is on hold. He received the following email. What do I do next documents submitted shows I meet the financial requirement.

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some applications under Appendix FM to the Immigration Rules. The applications affected are those failing to meet the minimum income requirement for a spouse/partner visa and Appendix FM applications falling for refusal which involve a child.

The reason for this pause is to enable the Home Office to consider the implications of the judgment. All other applications will continue to be decided as normal.

As a result UKVI is currently unable to process your application and your documents are being returned whilst this pause is in place. If you submitted a passport with your application, this will be returned to you under separate cover through the Visa Application Centre where you applied.

As soon as we are able to conclude your application we will contact you on the email address you provided within your application.

This usually means the ECO thinks you don't meet the financial requirement. There are currently a number of cases like this pending. If you are 100% certain that you do meet the requirements, then you need to contact them by phone or email and ask that your case be escalated. Be advised that if you don't meet the financial requirement, the application will be refused. You may need to contact a lawyer for advice or simply draft a letter explaining how you meet the financial requirements and your calculations. Some applications have been wrongly put on hold and get escalated once you complain.

https://www.gov.uk/contact-ukvi-inside-outside-uk

1 Like

Travel / Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:20am On Jul 10, 2017
abbij:
The family visit visa not a Tourist visa took about 3 weeks to get. He wa given 6 months Visa. We he got here, we hired an immigration attorney who help filed an in country application Spouse Visa based on compassionate circumstances e.g, me here with with kids alone, working with their their main carer not with etc blah blah blah, apparently you could file that way (EX 1 New rules).
We have filed and he can stay until decision given, we we did biometrics last week. All I am grateful for is the non separation from the family unit.
Blessed sis.

Be advised that a family visit visa and standard visit visa are one and the same thing. Unless you are an EU national or able to prove highly exigent circumstances applying for a spouse visa via this route is NOT advised. The ECO will likely argue that your husband obtained a visit visa with the intention of overstaying and thus lied. Trust me, if this was the best option, most people will be doing it.

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