Settlement visa for Mexican wife help :)

[ManInMexico]

Hi guys and girls, i'll introduce myself first of all since I am new to the forums. My name is Mike, and i'm from England but currently living in Monterrey, Mexico. I am planning on returning to the UK with my wife who is Mexican toward the end of this year, but I haven't a clue even where to start. So I thought, what better place than a forum full of people who have experienced similar before.

Now, I don't know how much background info you'll need but i'll tell you the situation regardless...

I met my wife online in late 2007, we spoke via MSN/email etc etc for around 6 months. I then flew over to Mexico to holiday and meet her, where we began a relationship. This continued through to 2010 with regular visits between Mexico and the UK for both of us. I decided at that point to move to Mexico and marry her. So we have been married for 14 months now, I am working over here and have a visa, she has just finished her studies, and with the situation as it is with the violence etc, we want to return to the UK.




Here are the requirements I have read about and my/my wife's status on each...

you are legally married to each other or are in a civil partnership recognised in the UK
We are legally married in Mexico, and have a marriage cert in Spanish, will this count?

Your husband, wife or civil partner is present and settled in the UK
We both live together in Mexico, but I am a British citizen. Do I need to return to the UK without her first to meet this requirement?

You both intend to live together permanently as husband and wife or as civil partners
Yes

You have met each other before
Yes

you can support yourselves and any dependants without any help from public funds
I do not have an income from the UK, since I have temporarily settled overseas, my wife will have secured a scholarship of around £700 per month, and I planned to search for any old job upon our return, is this acceptable?

You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
We would be living with my parents when we arrive, just until we gather the money to move elsewhere. There is plenty of room there, we would not need to pay rent.

Your husband, wife or civil partner is not under 21, and you are not under 21 at the date of arrival in the UK
I am 29, she is 28

From 29 November 2010, you must show that you can speak and understand English.
My wife speaks English to a very high standard, and also teaches English, although I understand she will need to take a test.



There are a couple of the requirements above that i'm unsure about and I would greatly appreciate any feedback on those things, but the following are my main concerns...

Do I need to have a job in the UK before she makes an application? I want us to travel to the UK together, but in order for me to get a job and prove my finances it seems I would need to travel many months before her in order to return and find work etc.

Does it matter if I don't have savings and won't have an income if we do arrive in the UK at the same time?

Would the fact she will be receiving a reasonable scholarship, offset the fact that we have no savings to speak of?


Any advice on the matter would help us out so much, we really don't know where to start, what we need or how to do it...
I just read it back and realised how long that was haha, oh well, better to give to much info than not enough I suppose. Thanks for reading, and I look forward to any responses!

[batleykhan]

Hi guys and girls, i'll introduce myself first of all since I am new to the forums. My name is Mike, and i'm from England but currently living in Monterrey, Mexico. I am planning on returning to the UK with my wife who is Mexican toward the end of this year, but I haven't a clue even where to start. So I thought, what better place than a forum full of people who have experienced similar before.

Now, I don't know how much background info you'll need but i'll tell you the situation regardless...

I met my wife online in late 2007, we spoke via MSN/email etc etc for around 6 months. I then flew over to Mexico to holiday and meet her, where we began a relationship. This continued through to 2010 with regular visits between Mexico and the UK for both of us. I decided at that point to move to Mexico and marry her. So we have been married for 14 months now, I am working over here and have a visa, she has just finished her studies, and with the situation as it is with the violence etc, we want to return to the UK.




Here are the requirements I have read about and my/my wife's status on each...

you are legally married to each other or are in a civil partnership recognized in the UK


We are legally married in Mexico, and have a marriage cert in Spanish, will this count?


This is fine. You will need a certified translation of your marriage certificate in English to present with the original one in Spanish with your wifes application


Your husband, wife or civil partner is present and settled in the UK
We both live together in Mexico, but I am a British citizen. Do I need to return to the UK without her first to meet this requirement?


No you don't need to return with her in order to meet above requirement, however my advise would be that you return to the UK, find yourself a job and a place to live here in UK before calling your wife over, as you will need to prove that you can support,maintain and accommodate yourselves without recourse to public funds.

You both intend to live together permanently as husband and wife or as civil partners
Yes

This is fine

You have met each other before
Yes

This is fine [

b]
you can support yourselves and any Dependants without any help from public funds[/b]
I do not have an income from the UK, since I have temporarily settled overseas, my wife will have secured a scholarship of around £700 per month, and I planned to search for any old job upon our return, is this acceptable?

No, you have to prove that you will have enough funds and savings and accommodation to support you both. This is why I suggest you come to the UK , find yourself a job with a decent salary, build up some savings and find a place for you to buy, rent or share. The onus is on you to prove you can do this, otherwise you wife will not be issued with a visa. They are not bothered with what your wife earns or gets for a scholarship. they are only interested in how you are going to achieve above.

You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your Dependants can live without any help from public funds
We would be living with my parents when we arrive, just until we gather the money to move elsewhere. There is plenty of room there, we would not need to pay rent.

This fine and acceptable if your parents approve it.

Your husband, wife or civil partner is not under 21, and you are not under 21 at the date of arrival in the UK
I am 29, she is 28

This fine and ok as you both have to be over 21


From 29 November 2010, you must show that you can speak and understand English.
My wife speaks English to a very high standard, and also teaches English, although I understand she will need to take a test.

Yes she will need to take the English test unfortunately unless she has certain qualifications ( degrees etc)


There are a couple of the requirements above that i'm unsure about and I would greatly appreciate any feedback on those things, but the following are my main concerns...

Do I need to have a job in the UK before she makes an application? I want us to travel to the UK together, but in order for me to get a job and prove my finances it seems I would need to travel many months before her in order to return and find work etc.

I would strongly advise you to come first find yourself a job and save some money( you already have accommodation sorted out with parents) and then apply for your wifes visa. This may mean you being seperated for a few months, but teh chance of you succeeding are much better this way.Does it matter if I don't have savings and won't have an income if we do arrive in the UK at the same time?

Would the fact she will be receiving a reasonable scholarship, offset the fact that we have no savings to speak of?


Any advice on the matter would help us out so much, we really don't know where to start, what we need or how to do it...
I just read it back and realized how long that was haha, oh well, better to give to much info than not enough I suppose. Thanks for reading, and I look forward to any responses!

Worth reading these two links. It will hopefully answer your querys
http://www.ukvisas.gov.uk/en/ecg/settlement/spouses

[ManInMexico]

Hi batleykhan, first of all, thank you so much for taking the time to reply to my post!

I understand now the importance of having some savings and a well paid job to aid the process. Unfortunately, I have some debt of around 4000GBP to pay off before i'm even able to see a positive figure in my current account. Also with no qualifications to speak of, it's difficult to find a well paid job in the UK.

Keeping the above in mind, this is going to take a little more planning than first anticipated.

I have another question...

Is it possible to apply for a spouse visa whilst in the UK under a student visa?

My wife will be studying a doctorate at a university in the UK (hence my mentioning of the scholarship), and I understand it is much simpler to gain a student visa. This would give us further time to prepare ourselves for the spouse visa application, give me and her time to build up a bit of savings, and for me to gain steady employment. Also if this is possible, we would be able to return to the UK together. We could then just apply for the spouse visa when our finances are improved.

Once again, many thanks for your response

[vinny]

Is it possible to apply for a spouse visa whilst in the UK under a student visa?

Yes, if she's granted leave for more than six months. However, if she has sufficient money for a student visa, then she may also have sufficient (with scholarship) for a spouse visa too. Student visas may not necessarily be simpler.

[suarezi]

Man in Mexico

I sent you a PM,

saludos a la raza de Monterrey

[odee]

Im interested to see how MIM got on. Currently gathering the paperwork for my spouse to go to the UK with me from DF.

[ManInMexico]

Hi all

Resurrecting a very old thread here but here goes...

We ended up getting her a Student Visa and returning to the UK together in 2012 with a view to applying for FLR(m) shortly before the visa expires. The time has now come.

We've booked a premium appointment for the 25th Jan 2017 and have almost everything ready, I am concerned about the documents I need to provide though. Can anyone take a quick look at what I have let me know if this looks like it covers everything?

This'll be the first FLR(m)

Misc
Applicant Passport containing current Student Visa, and previous passport.
Sponsor Passport.
Applicant photo X2, signed on back.
Sponsor Photo X1, signed on back.
Completed application FLR(m) 12/2016 version.
Fee payment confirmation print.
Appointment confirmation print.
IHS fee payment confirmation email.

Sponsor Finances
Last 6 payslips, stamped by employer.
Last 5 posted original bank statements.
Partial statement/transaction list printed in branch showing most recent payment (will be praying that Natwest stamp this).
Covering letter to explain that the reason for the partial statement is due to the bank statement correlating to the most recent payslip not being due until mid February, with the previous payslip being more than 28 days old).
Letter from employer stating position, type of employment, start date, current salary and the details of any changes to that salary in the time I have been employed.

Applicant English Language Requirement
Trinity A1 GESE English test certificate.
Cohabitation
Council Tax bill Dec 2012 – Joint
Council Tax bill Jan 2017 – Joint
Electric bill Jan 2016 – Joint
Electric bill May 2015 – Joint
Water bill Feb 2013 – Joint
Water bill Feb 2016 – Joint
I can enclose our original tenency agreement in joint names from Dec 2012 if necessary?

Relationship
Original marriage certificate in Spanish dated 24/05/2010
ATC Accredited certified translation dated 05/02/2014
I can enclose a few photo’s from throughout our relationship if necessary?

[Casa]

No doubt that you'll have found that a great deal has changed within the Immigration Rules since you opened this thread in 2011

Do you meet the minimum annual income level of £18,600?
Photos aren't required.

[ManInMexico]

Haha yes, I'm just looking forward to getting this huge weight off my shoulders on 25th to be honest. This has been in the back of my mind for so many years now, it's taken a toll!

Seems like with every question I have researched a new can of worms is opened. Maybe you guys can offer a little clarity?

I had an annual salary of 21,500 from 1 June 2016, with a pay rise this month to 22,575 so I'm covered there, however not sure how to answer this question on the form?

Have you/your sponsor been in
employment with the same employer (YES I HAVE)
and earning the amount specified in (xiv)
below continuously for 6 months prior to
the date of the application? (category A) (NO I HAVEN'T)

Seems like it's incorrect if I answer either yes or no here. If I enter my current salary which will be displayed on my January payslip and employers letter in XIV, then I cannot say I have earned that amount continuously for the last 6 months, however if I answer no, then it looks like I haven't been employed by the same company, which I have!

Another one is whether to provide 6 joint bills to prove cohabitation to cover the full 4 years we've been here, or just the last 2 years.

And finally, and most worryingly
My appointment is on 25th Jan
My most recent payslip will be received on 19th Jan but dated 25th Jan
The bank statement covering the payment I get on the 25th (date of appointment) won't be available until near the end of February, by which point her Student Visa will have expired.
My most recent posted bank statement will be received around 18th Jan but will cover my December payslip which is dated 21st Dec (older than 28 days)

I've been to Natwest this morning and asked if they can provide a transaction report to show payment hitting my account on 25th which they have agreed to stamp, however having looked at an example of this document there is some wording on the bottom stating that transactions with today's date are unconfirmed. I don't know if this will be OK or not?

[ManInMexico]

Any input on my last post and the list in general? I have just over a week to go now so still have a little time to find and sort out last minute additions or anything I've overlooked.

Cheers
MIM

[ManInMexico]

I'm also quite confused on the wording of the below, it's not clear to me at all!

Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years.

She hasn't had leave granted in this category before, but we are married and have resided in the UK for more than 4 years now.

Do they expect 6 items covering the full 4 years, or the first 2 years, or the last 2 years?

[Casa]

"since your last grant of leave in this category,"

As above.

[ManInMexico]

Hi Casa, she has not been granted leave in this category as she is currently here as a student.

[Casa]

Hi Casa, she has not been granted leave in this category as she is currently here as a student.

Which is why you are only required to show that you are now living together. Submit what proof you have.

[ManInMexico]

Thanks again, I'll bring things to cover the full 4 years we have resided in the UK.

[ManInMexico]

Another quick question if I may...

I now have the following payslips and corresponding bank statements

25th Jan 17 - Statement won't be received until 19th Feb, after both appointment and Wife's Student visa expires
25th Dec 16 - Statement received 19th Jan 17
25th Nov 16 - Statement received 19th Dec 16
25th Oct 16 - Statement received 19th Nov 16
25th Sep 16 - Statement received 19th Oct 16
25th Aug 16 - Statement received 19th Sep 16

The plan is to head to the bank on pay day which is also the day of the appointment and have a transaction list printed and stamped by them to show my Jan payment going in on that day. All 6 payments will be accounted for but I'll only be submitting 5 1/2 months of statements/transaction list.

Could this be a problem?

Cheers

[ManInMexico]

Hi Casa

My apologies for going over old ground here but I'm still pretty confused with the below

"Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years."

It's pretty clear that they're asking for 6 items of correspondence, regardless of whether she has had leave to remain in this category or not, which is fine.

The confusion is with this wording. "or from the date you first started living together up to a maximum of two years."

Is this asking specifically for 6 items over the last 2 years?

Or, 6 items since we moved here in 2012?

I don't want to show up missing some items from 2012-2015, likewise I don't want to show up with less than 6 items from 2015-2017.

This is the last piece of the puzzle I think, I reckon I have everything else in place now.

Thanks for your continued help, I really appreciate it!

[ManInMexico]

Also, has anyone here used the bank statements provided as part of the financial requirements for proof of living together as well?

Really struggling with the correspondence here

[ManInMexico]

Hi all

I've turned the house upside down looking for all of this today! So the premium appointment is on Wednesday 25th Jan. Can anyone take a look at the amended list of documentation I intend to submit please?

So you don't need to read the whole thread: Applicant has lived in UK with sponsor since 2012 on Tier 4 (student) Visa. Married since 2010. Income above 18600. Tier 4 expires 02/02/2017. Appoint date 25/012017. This will be our first FLR(m).


APPLICATION
Applicant Passport containing current Student Visa, and previous passport.
Sponsor Passport.
Applicant photo X2, signed on back.
Sponsor Photo X1, signed on back.
Completed application FLR(m) 12/2016 version.
Fee payment confirmation print.
Appointment confirmation print.
IHS fee payment confirmation email.

FINANCIAL REQUIREMENT
Last 6 payslips, stamped and signed (most recent is for payment on 25/01/17)
Letter from employer confirming authenticity of payslips.
Last 5 posted original bank statements.
Partial statement/transaction list printed in branch showing most recent payment. Natwest have agreed to stamp and I can collect on 25/01/17 before our appointment.
Letter from employer stating position, type of employment, start date, current salary and the details of any changes to that salary in the time I have been employed.

ENGLISH LANGUAGE
Trinity A1 GESE English test certificate.

ACCOMODATION
Original tenancy agreement from Dec 2012
Council tax bill Dec 2012

COHABITATION OVER LAST 2 YEARS
Applicant - Specsavers appointment letter - Jan 17 (included as applicant hasn't had anything else since Nov 16)
Sponsor - Letter from Natwest - Dec 2016
Applicant - Natwest bank statement - Nov 2016
Sponsor - Letter from Natwest - Sep 2016
Joint - Electric bill - Jul 2016
Joint - Water bill - Feb 2016
Applicant - Natwest bank statement - Nov 2015
Sponsor - Natwest bank statement - Oct 2015
Joint - Electric bill - May 2015
Joint - Water bill - Feb 2015

RELATIONSHIP
Original marriage certificate in Spanish dated 24/05/2010
ATC Accredited certified translation dated 05/02/2014
Receipt for translation service

COVER LETTER TO EXPLAIN...
1 - Bank statement for payment dated 25/01/2017 is not available yet, hence transaction list.
2 - Question 2.2 has been answered NO because we applied for FRL(m) in 2014 but withdrew the application due to needing to travel urgently. No decision was made as application was withdrawn.


Hopefully this should do the job, but if I can get any comments to A: set my mind at ease, or B: correct any errors I would really appreciate it.

Thanks again in advance guys.

[ManInMexico]

Can anyone offer some help on the above please?

Today will be my last chance to gather any other documents I may have overlooked.

Cheers

[ManInMexico]

Hi guys

Sorry for the number of posts here but as you can all understand we have a lot riding on this application being successful on Wednesday.

I've read elsewhere that since this is our first visa application for marriage we also need to provide a tenancy agreement. I have this but it's from when we moved in 4 years ago. I've been told his this is not good enough and I now need a letter from the letting agency stating that the initial 6 month tenancy ended and we're now on a periodic rolling agreement. This will be difficult to get in such a short time. In your experience is this necessary?

I've also been told to provide proof that we have lived together since marriage, however we lived together in Mexico for the first 2 years of our marriage and have nothing to show that.

In addition I've been advised to bring along photos of our relationship from wedding day through to now, but I thought that was only necessary for applicants who were unmarried/not living together.

Total confusion and stress here

I would really appreciate some assistance if anyone is around