Need some advice spouse visa

[darthraki]

Hi,

I am a UK Citizen who has just got engaged to an Indian National.
I have also proceeded with the court marriage in India with the registered date as the engagement date.
I will receive the paperwork for the court marriage on the 01/03/2016.

We did the court marriage so that we can speed up the process of the visa so that she can return to the UK with me in November after we do the religious wedding. (i will be submitting all relevant paperwork for visa)

My question is.

I left my previous job in October 2015 and started a new Job in Jan 2016. For 2 Months I was contracting.

I have all my bank statements from 2015 showing my income from my previous job until oct and I also have my employment contract from the previous job including all my pay slips.

My previous job was paying £26k a year.

My New job is now paying £38k a year. But as I only started in January, i have my employment letter and only 1 months pay which wasn't full due to starting mid month.

Should i wait around 3-4 months before applying for the visa or is it ok to do so now?

What complications will I have due to not having sufficient pay slips from my new job....

I would really like some help as I am eager to kick start the visa process but don't want to rush into it.

Thank you

[Onkarsingh1991]

You have done a court marriage so you can submit for a spouse visa ahead of time before your wedding in November.

the only problem with this is that is your relationship at a co-habitation stage ie "sex" as this is a criteria that must be fulfilled to apply as a spouse. the ECO might see this as a sham marriage if there are not many people. they are trained to find these thing. did you cut a wedding cake also they are tained to the local cultures so they will know how Indian weddings are ment to be

in regards to your salary, its best to ring UKVI, it cost £1.37 per minute but they will give you the correct answer

i was also looking to do a court marriage ahead of my religious wedding buts its not worth it as you could loose £1000 application fee if refused also its not the correct way to apply.

if you submit paperwork now and she is granted a visa, this will only be valid for 30 days as the new rule is she will be issued bio metric residence permit which she will have to collect at your local post office.

in mu opionion its best to follow the rules and try not to take any short cuts. if your application is super strong filled with lots of evidence she will most likely be granted a visa between 3-5 week from the application. also another good tip is to apply from mumbai visa application centers as they handle far less applications than delhi


hope this helps

[darthraki]

You have done a court marriage so you can submit for a spouse visa ahead of time before your wedding in November.

the only problem with this is that is your relationship at a co-habitation stage ie "sex" as this is a criteria that must be fulfilled to apply as a spouse. the ECO might see this as a sham marriage if there are not many people. they are trained to find these thing. did you cut a wedding cake also they are tained to the local cultures so they will know how Indian weddings are ment to be

in regards to your salary, its best to ring UKVI, it cost £1.37 per minute but they will give you the correct answer

i was also looking to do a court marriage ahead of my religious wedding buts its not worth it as you could loose £1000 application fee if refused also its not the correct way to apply.

if you submit paperwork now and she is granted a visa, this will only be valid for 30 days as the new rule is she will be issued bio metric residence permit which she will have to collect at your local post office.

in mu opionion its best to follow the rules and try not to take any short cuts. if your application is super strong filled with lots of evidence she will most likely be granted a visa between 3-5 week from the application. also another good tip is to apply from mumbai visa application centers as they handle far less applications than delhi


hope this helps

Hi Onkar,

I understand your concerns, but in reality, we can provide all invoices for the engagement hall, over 1000 photos, etc to show that it isn't a sham marriage. The reason why the court marriage was done was so that it would speed up the process.

We didn't cut a cake on our engagement but I can get witness statements from UK guests who attended my engagement and attach their photos to make sure they don't think it is sham!

I don't mind if she is granted a visa for 30 days, as it will give her chance to come over and then return in a promptly time back to India so that she will be able to come back in November after our wedding.

We have all the relevant paperwork, if anything more than we need.

I think it will be best to call UKVI and see what they say as you are right, I don't want to waste £1000 and then for it to be refused.

We also will be providing all the paperwork for the religious wedding such as hall invoice, temple invoice, addresses, guest list, wedding card, etc etc.

if there is anything else, please let me know...would be of great help!

[Casa]

If you submit all the evidence you have suggested, this shouldn't be a problem. Regarding seeking advice from the UKVI 'Help line', they are notorious for giving incorrect advice, often on the simplest of immigration issues. Neither do they take responsibility for their errors.
You may like to read through this article:
https://www.freemovement.org.uk/immigra ... pectation/

[Onkarsingh1991]

Hi darthraki

are you going to use a solicitor? also are you going to state in your application that you have a religious ceremony planned in the future and submit all documents for the religious marriage in your application

there is a question in the application for " ave you lived akin to marriage" how will you answer this

i know its personal but have you and your finance been in an intimate relationship yet

in regards to the court marriage in which city did you do this and how is this process done

thanks

[Casa]

Hi darthraki

are you going to use a solicitor? also are you going to state in your application that you have a religious ceremony planned in the future and submit all documents for the religious marriage in your application

there is a question in the application for " ave you lived akin to marriage" how will you answer this

i know its personal but have you and your finance been in an intimate relationship yet

in regards to the court marriage in which city did you do this and how is this process done

thanks

@Onkarsingh1991 You appear to be confusing the requirement to show a 'relationship akin to marriage'. This is for a couple who are applying for a settlement visa as Unmarried Partners, where they have to prove co-habitation of 2 years.

[Onkarsingh1991]

Hi Casa

Please open link below.

https://www.gov.uk/government/uploads/s ... -FM2.1.pdf

Section 3.2
(xvi) Matrimonial co-habitation is not maintained (except where one party is
working or studying away from home) or there is no evidence that they have
ever co-habited since the marriage.

Does this not apply to settlement visa as both spouse and unmarried partner?

[Casa]

Hi Casa

Please open link below.

https://www.gov.uk/government/uploads/s ... -FM2.1.pdf

Section 3.2
(xvi) Matrimonial co-habitation is not maintained except where one party is
working or studying away from home or there is no evidence that they have
ever co-habited since the marriage.

Does this not apply to settlement visa as both spouse and unmarried partner?

I'm aware of the guidance to Case Workers. Can you show me where it asks for evidence of a relationship 'akin to marriage'?
Also note which is relevant here;
"Caseworkers must take into account normal practices for marriages and family
living according to particular religious and cultural traditions when considering
the factors present or absent in each case"

[Onkarsingh1991]

In VAF4A Appendix 2 (Question 1.16)

can you please tell me to meet criteria for a settlement visa as a spouse. Does the applicant and sponsor should of had sex.

im getting so confused, as i wanted to do a court marriage before my religious marriage just so we can submit spouse visa application. my wife will be joining me after our religious marriage. i was put of this by reading the guidance for proving genuine and subsisting relationships guideline.


in this guideline is clearly states that your application could be refused if there is no evidence that there has ever been any matrimonial co-habitation (SEX) in the said relationship

please help me

[secret.simon]

@Onkarsingh1991,

Did you read the paragraphs immediately preceding the factors listed in Section 3.2 of the document that you linked to?

If a case contains one or more of the factors listed below, this may prompt additional scrutiny of the application but will not necessarily result in a negative decision. Caseworkers must continue to look at the circumstances of the case as a whole.

Even where additional scrutiny has been prompted by any of the following factors, it does not necessarily mean that the relationship is not genuine and subsisting.

The factors which may prompt additional scrutiny of an application include those listed below. Some factors may also, where specifically stated, lead to a refusal of an application without additional scrutiny but again, before deciding, caseworkers must continue to look at the circumstances as a whole:

(bold text in the document transposed as underline for purposes of visibility)

(xvi) Matrimonial co-habitation is not maintained (except where one party is
working or studying away from home) or there is no evidence that they have ever co-habited since the marriage.

This is one factor that is looked at during the application process. The OP will have to provide additional proof to show a "genuine and subsisting relationship", but the Home Office caseworker will look at the application in the round, taking all the evidence provided into account.

the only problem with this is that is your relationship at a co-habitation stage ie "sex" as this is a criteria that must be fulfilled to apply as a spouse.

Co-habitation does not mean sex. And no, that is not a criteria that must be fulfilled to apply as a spouse either. One can have a "genuine and subsisting relationship" without any copulation (I think that is the word you had in mind) occurring.

Indeed, under EU law, a couple need not even be in the same city, let alone the same house, for a relationship to be established.

[Casa]

@secret.simon +1
Also bear in mind that 'akin to marriage', doesn't necessarily mean consummation, it refers to a relationship with shared responsibilities, joint finances etc. However as mentioned previously, this is referenced to an unmarried partnership where 2 years of co-habitation is mandatory.

[Onkarsingh1991]

Hi Simon & Casa

you have clarified many points for me today.

Thank you so much

[Casa]

You're welcome.

[darthraki]

thanks for all the comments and answers.

I have spent the last 5 hours preparing all the paperwork (originals & photocopies) for me and her, making a list of what is outstanding.

I am going to input as much detail/evidence as possible for maximum best results.

So far I have:

APPLICANT:

1. Passport
2. Aadhar Card
3. Birth Certificate
4. Passport Photographs
5. Driving Licence
6. Applicant Letter
7. Engagement Card
8. Engagement Photographs
9. Court Marriage Certificate
10.IELTS Certificate
11. UK Travel Itinerary for Nov 2016.

SPONSOR:

1.Sponsor letter of introduction
2.Reference statement + engagement photograph with reference provider x2
3. Passport
4. Passport Photographs
5. OCI
6. Driving Licence
7. Birth Certificate
8. All passport stamps arriving into the UK
9. Mobile Phone Bill (for residential proof)
10. Car Insurance (for residential proof)
11. Car Tax (for residential proof)
12. Accommodation letter from parents
13. Parents 6 months council tax, mortgage statements, electricity bills
14. Property Inspection Report
15. New Company Employment Contract Letter
16. New Company Confirmation letter regarding, duration, pay, hours.
17. New Company Wage Slips + Bank Statements matching the payment
18. Old Company Employment Contract Letter
19. Old Company Wage Slips + Bank Statements matching the payments (12 months)
20. Bank Statements all verified from bank, stamped & signed.
21. P60 for 2015
23. Engagement Hall Party Invoice and Letter from Hotel stating function date, time and number of guests.
22. Engagement Invitation Cards
23. Engagement Photographs
24. Court Marriage Certificate
25.E Tickets for Previous Travels (2014, 2015, 2016)
26. Upcoming E Ticket to show APPLICANT RETURN date with SPOUSE (nov 2016)
27. Religious Wedding Venue Details and Invoice (Nov 2016)
28. Reception Party Venue Details and Invoice (Nov 2016)

Please let me know if this information is sufficient enough, I believe there is a lot there but I can never be too sure.

Would appreciate some indication if I have missed anything out.

Thank You

[Casa]

Ensure your wife's English test is on the list of approved tests & test centres
https://www.gov.uk/government/uploads/s ... entres.pdf

[darthraki]

Ensure your wife's English test is on the list of approved tests & test centres
https://www.gov.uk/government/uploads/s ... entres.pdf

Yep, already made sure, i set it all up from here and she passed first time

But regarding the other information, is it all ok in terms of documents being submitted?

[Onkarsingh1991]

hi darthraki

from today's post i can safely say that applying for a spouse visa after a court marriage but before a religious marriage is allowed

can you please give me full details on how you done the court marriage process in india?

which city was the marriage in

did you need to give any notice

was you allowed pictures if the marriage was in an actual goverment court

please give me all details

thanks alot

[Casa]

thanks for all the comments and answers.

I have spent the last 5 hours preparing all the paperwork (originals & photocopies) for me and her, making a list of what is outstanding.

I am going to input as much detail/evidence as possible for maximum best results.

So far I have:

APPLICANT:

1. Passport
2. Aadhar Card
3. Birth Certificate
4. Passport Photographs
5. Driving Licence
6. Applicant Letter
7. Engagement Card
8. Engagement Photographs
9. Court Marriage Certificate
10.IELTS Certificate
11. UK Travel Itinerary for Nov 2016.

SPONSOR:

1.Sponsor letter of introduction
2.Reference statement + engagement photograph with reference provider x2
3. Passport
4. Passport Photographs
5. OCI
6. Driving Licence
7. Birth Certificate
8. All passport stamps arriving into the UK
9. Mobile Phone Bill (for residential proof)
10. Car Insurance (for residential proof)
11. Car Tax (for residential proof)
12. Accommodation letter from parents
13. Parents 6 months council tax, mortgage statements, electricity bills
14. Property Inspection Report
15. New Company Employment Contract Letter
16. New Company Confirmation letter regarding, duration, pay, hours.
17. New Company Wage Slips + Bank Statements matching the payment
18. Old Company Employment Contract Letter
19. Old Company Wage Slips + Bank Statements matching the payments (12 months)
20. Bank Statements all verified from bank, stamped & signed.
21. P60 for 2015
23. Engagement Hall Party Invoice and Letter from Hotel stating function date, time and number of guests.
22. Engagement Invitation Cards
23. Engagement Photographs
24. Court Marriage Certificate
25.E Tickets for Previous Travels (2014, 2015, 2016)
26. Upcoming E Ticket to show APPLICANT RETURN date with SPOUSE (nov 2016)
27. Religious Wedding Venue Details and Invoice (Nov 2016)
28. Reception Party Venue Details and Invoice (Nov 2016)

Please let me know if this information is sufficient enough, I believe there is a lot there but I can never be too sure.

Would appreciate some indication if I have missed anything out.

Thank You

I can't see anything obviously out of place or missing.

[darthraki]

thanks for all the comments and answers.

I have spent the last 5 hours preparing all the paperwork (originals & photocopies) for me and her, making a list of what is outstanding.

I am going to input as much detail/evidence as possible for maximum best results.

So far I have:

APPLICANT:

1. Passport
2. Aadhar Card
3. Birth Certificate
4. Passport Photographs
5. Driving Licence
6. Applicant Letter
7. Engagement Card
8. Engagement Photographs
9. Court Marriage Certificate
10.IELTS Certificate
11. UK Travel Itinerary for Nov 2016.

SPONSOR:

1.Sponsor letter of introduction
2.Reference statement + engagement photograph with reference provider x2
3. Passport
4. Passport Photographs
5. OCI
6. Driving Licence
7. Birth Certificate
8. All passport stamps arriving into the UK
9. Mobile Phone Bill (for residential proof)
10. Car Insurance (for residential proof)
11. Car Tax (for residential proof)
12. Accommodation letter from parents
13. Parents 6 months council tax, mortgage statements, electricity bills
14. Property Inspection Report
15. New Company Employment Contract Letter
16. New Company Confirmation letter regarding, duration, pay, hours.
17. New Company Wage Slips + Bank Statements matching the payment
18. Old Company Employment Contract Letter
19. Old Company Wage Slips + Bank Statements matching the payments (12 months)
20. Bank Statements all verified from bank, stamped & signed.
21. P60 for 2015
23. Engagement Hall Party Invoice and Letter from Hotel stating function date, time and number of guests.
22. Engagement Invitation Cards
23. Engagement Photographs
24. Court Marriage Certificate
25.E Tickets for Previous Travels (2014, 2015, 2016)
26. Upcoming E Ticket to show APPLICANT RETURN date with SPOUSE (nov 2016)
27. Religious Wedding Venue Details and Invoice (Nov 2016)
28. Reception Party Venue Details and Invoice (Nov 2016)

Please let me know if this information is sufficient enough, I believe there is a lot there but I can never be too sure.

Would appreciate some indication if I have missed anything out.

Thank You

I can't see anything obviously out of place or missing.

thank you sir! i need to retreat to bed as i'm unwell!!
thanks again.
I'm sure i'll find a few things to add.

[Onkarsingh1991]

Hi darthraki

also buy a copy of your parents house title registry from land registry website it cost £3

[darthraki]

thanks onkar.

i will add this to the list for tomorrow to do...

[darthraki]

Hi All,

I will be creating an application form for my wife to join me in the UK later this year but when creating an application, the section where it says;

SELECT VISA TYPE - it is very confusing. It is broken down into 3 categories.

SELECT VISA TYPE
VISA TYPE
VISA SUB TYPE

Can someone tell me what is the correct visa type for SPOUSE VISA UK Please.

If I select SETTLEMENT - I believe this is for those who are currently residing in the UK.

I've selected:

SELECT VISA TYPE - OTHER
VISA TYPE - EEA\SWISS FAMILY MEMBER
VISA SUB TYPE - FAMILY MEMBER OF AN EEA NATIONAL

is this correct? it doesn't ask anywhere for the wifes ENGLISH or anything as i did a draft application...

Any help would be greatful

[ILR1980]

I assume you are British national or hold ILR and want to bring your wife in here

Settlement - Settlement - Wife

This visa lead towards settlement thats why you have to select settlement visa category

[darthraki]

I assume you are British national or hold ILR and want to bring your wife in here

Settlement - Settlement - Wife

This visa lead towards settlement thats why you have to select settlement visa category

hi thanks for that.

is there any problems if i make the application on her behalf?
also where do i submit all my supporting evidence ?
sheffield UK or do i have to post everything of mine to my wife so she submits it or does she post all her supporting documents to me in the uk and i submit it?

[ILR1980]

I assume you are British national or hold ILR and want to bring your wife in here

Settlement - Settlement - Wife

This visa lead towards settlement thats why you have to select settlement visa category

hi thanks for that.

is there any problems if i make the application on her behalf?
also where do i submit all my supporting evidence ?
sheffield UK or do i have to post everything of mine to my wife so she submits it or does she post all her supporting documents to me in the uk and i submit it?

You can fill application on her behalf ..she will only need to do signature once form is completed/printed after all steps done online..you both can access to online form if share login details and emails..You need all supporting documents from your wife(signature part of the form as rest parts you can print it from here )English language, TB test, nikkah nama etc). You need everything except her original passports . You will submit printed application forms/appendix 2 and all supporting documents to Sheffield from uk address .