UK Spouse visa from India - Accommodation

[Sau_UK]

Hello Friends
Looking for some help for the application of UK spouse visa for my wife.
I am a British citizen (through Naturalisation route), now working and living in India for last 3 years. My wife is an Indian citizen and my son (2 yrs) is a British citizen (by Descent). We all are looking to come back to the UK to live permanently. I have a job offer from a British company and the salary is well above the financial requirements (For spouse visa).
I am now going to be applying for the UK Spouse visa for my wife. I will be applying from Delhi (India) and plan to be in India only until she gets her visa.
I have the following questions please:
1. I believe I should be applying to category ‘Settlement’ – Settlement – ‘Wife’ Visa in the online form? Along with this I should also be filling Appendix VAF4A?

2. I do not have an address in the UK yet but my company will provide 1 month’s accommodation as part of the relocation package. Can I enter these address details in Appendix? If not, how can this be managed? I do not plan to go the UK before my wife as the visa takes 3 months and we have a little one to look after.

All the help and advice is highly appreciated. Thanks

[Casa]

Have you earned the equivalent of £18,600 p.a in the 12 month period prior to submitting your wife's spouse visa application.

[Sau_UK]

Yes, I have earned equivalent of £18,600 p.a in the 12 month period. Thanks

[Sau_UK]

Hi Friends, please help me by replying to this post

[seagul]

I think without coming uk you won't be able to proceed with spouse visa because HO sitting in shieffield decide application who will never send application outside uk. Moreover, you are still not resident in uk from few years. Better to come first.

[Casa]

I think without coming uk you won't be able to proceed with spouse visa because HO sitting in shieffield decide application who will never send application outside uk. Moreover, you are still not resident in uk from few years. Better to come first.

This doesn't seem to make much sense.

If the sponsor can show that they have earned the equivalent of £18,600 in the 12 month period preceding the submission date outside of the UK AND submit written evidence of a job offer in the UK to start within 3 months of arrival (again meeting the minimum income level of £18,000 p.a, the financial requirement will be met. The time spent outside of the UK as a British citizen is irrelevant.

I believe the employer's offer of accommodation should be acceptable, but I can't confirm this 100%.

[seagul]

I think without coming uk you won't be able to proceed with spouse visa because HO sitting in shieffield decide application who will never send application outside uk. Moreover, you are still not resident in uk from few years. Better to come first.

This doesn't seem to make much sense.

If the sponsor can show that they have earned the equivalent of £18,600 in the 12 month period preceding the submission date outside of the UK AND submit written evidence of a job offer in the UK to start within 3 months of arrival (again meeting the minimum income level of £18,000 p.a, the financial requirement will be met. The time spent outside of the UK as a British citizen is irrelevant.

I believe the employer's offer of accommodation should be acceptable, but I can't confirm this 100%.

Op seems to get spouse visa while being in India. Do you think that Sheffield team will send the outcome of application to india and plus if you read carefully the following text then what will you correctly understand:

job offer in the UK to start within 3 months of arrival

[Casa]

I think without coming uk you won't be able to proceed with spouse visa because HO sitting in shieffield decide application who will never send application outside uk. Moreover, you are still not resident in uk from few years. Better to come first.

This doesn't seem to make much sense.

If the sponsor can show that they have earned the equivalent of £18,600 in the 12 month period preceding the submission date outside of the UK AND submit written evidence of a job offer in the UK to start within 3 months of arrival (again meeting the minimum income level of £18,000 p.a, the financial requirement will be met. The time spent outside of the UK as a British citizen is irrelevant.

I believe the employer's offer of accommodation should be acceptable, but I can't confirm this 100%.

Op seems to get spouse visa while being in India. Do you think that Sheffield team will send the outcome of application to india and plus if you read carefully the following text then what will you correctly understand:

job offer in the UK to start within 3 months of arrival

I don't need to read it...I wrote it Member Sau_UK is the sponsor. His wife is the applicant.
"In respect of a job offer in the UK (for an applicant's partner or parent's partner
returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and EECC.2.2.(a)
of Appendix FM) a letter from the employer must be provided:
(a) confirming the job offer, the gross annual salary and the starting date of the
employment which must be within 3 months of the applicant's partner's return to the UK;
or
(b) enclosing a signed contract of employment, which must have a starting date within 3
months of the applicant's partner's return to the UK."

The OP has confirmed they meet the requirement of income equivalent of £18,600 p,a outside of the UK in a 12 month period AND also has a confirmed job offer in the UK.

Of course the processing office in Sheffield relay the decision to the VAC in India. Do you think they just file it away in a dusty office simply because the application was submitted outside of the UK in India?

[seagul]

I think without coming uk you won't be able to proceed with spouse visa because HO sitting in shieffield decide application who will never send application outside uk. Moreover, you are still not resident in uk from few years. Better to come first.

This doesn't seem to make much sense.

If the sponsor can show that they have earned the equivalent of £18,600 in the 12 month period preceding the submission date outside of the UK AND submit written evidence of a job offer in the UK to start within 3 months of arrival (again meeting the minimum income level of £18,000 p.a, the financial requirement will be met. The time spent outside of the UK as a British citizen is irrelevant.

I believe the employer's offer of accommodation should be acceptable, but I can't confirm this 100%.

Op seems to get spouse visa while being in India. Do you think that Sheffield team will send the outcome of application to india and plus if you read carefully the following text then what will you correctly understand:

job offer in the UK to start within 3 months of arrival

I don't need to read it...I wrote it Member Sau_UK is the sponsor. His wife is the applicant.
"In respect of a job offer in the UK (for an applicant's partner or parent's partner
returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and EECC.2.2.(a)
of Appendix FM) a letter from the employer must be provided:
(a) confirming the job offer, the gross annual salary and the starting date of the
employment which must be within 3 months of the applicant's partner's return to the UK;
or
(b) enclosing a signed contract of employment, which must have a starting date within 3
months of the applicant's partner's return to the UK."

The OP has confirmed they meet the requirement of income equivalent of £18,600 p,a outside of the UK in a 12 month period AND also has a confirmed job offer in the UK.

Of course the processing office in Sheffield relay the decision to the VAC in India. Do you think they just file it away in a dusty office simply because the application was submitted outside of the UK in India?

I don't & fully sure that a lot won't agree with your perception that someone without coming to uk can be able to sponsor its partner & get the the spouse visa. Despite OP can meet the financial requirement from overseas income but HO will still want the person to be present in uk to meet the other bit of requirement which is to have the job offer within 3 months of arriving uk. If anyone can be able to get the spouse visa from abroad by this way then through saving route relatively a large number of cases start queuing up from abroad as well.

[CR001]

I don't & fully sure that a lot won't agree with your perception that someone without coming to uk can be able to sponsor its partner & get the the spouse visa. Despite OP can meet the financial requirement from overseas income but HO will still want the person to be present in uk to meet the other bit of requirement which is to have the job offer within 3 months of arriving uk. If anyone can be able to get the spouse visa from abroad by this way then through saving route relatively a large number of cases start queuing up from abroad as well.

You are incorrect in your interpretation and assumption @ seagul. Many have applied in this way with both spouses abroad and had success. The rules allow this scenario, as well as the savings route, if BOTH spouses are outside the UK.

Immigration Rules Part 281(i)(a)(i) states it clearly!!

https://www.gov.uk/guidance/immigration ... ly-members

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:
(i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

And Immigration Rules Appendix FM-SE: family members specified evidence clearly states :

https://www.gov.uk/guidance/immigration ... d-evidence

3. In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2 and (where relevant) paragraph 2A. In respect of an equity partner whose income from the partnership is treated as salaried employment under paragraph 17, the payslips and employer’s letter referred to in paragraph 2 may be replaced by other evidence providing the relevant information in paragraph 2 (which may include, but is not confined to, a letter on official stationery from an accountant, solicitor or business manager acting for the partnership).
4. In respect of a job offer in the UK (for an applicant’s partner or parent’s partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:

(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or
(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK.

[seagul]

Still the official quote as above doesn't confirm it clearly.

[Casa]

Still the official quote as above doesn't confirm it clearly.

Which part of the Immigration Rules are you finding confusing

[seagul]

Still the official quote as above doesn't confirm it clearly.

Which part of the Immigration Rules are you finding confusing

You both misunderstanding above quotes. A British citizen is already a settled person who don't enter for settlement (that quote is not for British sponsor). Without a sponsor being present in uk spouse visa won't be able to apply.

[Casa]

Still the official quote as above doesn't confirm it clearly.

Which part of the Immigration Rules are you finding confusing

You both misunderstanding above quotes. A British citizen is already a settled person who don't enter for settlement (that quote is not for British sponsor). Without a sponsor being present in uk spouse visa won't be able to apply.

I can assure you that this is a permitted route for a British citizen residing outside of the UK (who meets all the quoted financial/employment conditions) and is returning to the UK to settle together with their overseas national spouse.
"or who is on the same occasion being admitted for settlement"

Perhaps you would like to explain to the many couples who have successfully use this route for settlement of their spouse, exactly why the Home Office have issued the visa in error?

#rapidlylosingthewill

[seagul]

Still the official quote as above doesn't confirm it clearly.

Which part of the Immigration Rules are you finding confusing

You both misunderstanding above quotes. A British citizen is already a settled person who don't enter for settlement (that quote is not for British sponsor). Without a sponsor being present in uk spouse visa won't be able to apply.

I can assure you that this is a permitted route for a British citizen residing outside of the UK (who meets all the quoted financial/employment conditions) and is returning to the UK to settle together with their overseas national spouse.
"or who is on the same occasion being admitted for settlement"

Perhaps you would like to explain to the many couples who have successfully use this route for settlement of their spouse, exactly why the Home Office have issued the visa in error?

#rapidlylosingthewill

Can you pinpoint the example of at least 2-3 cases instead 1 who got success under such route.

[Casa]

In fact you advised on using this route in April of this year What's changed since then?
immigration-for-family-members/immigrat ... s#p1621895

"Only income sources and evidence specified in the Immigration Rules can be taken into account, such
as:
─ Sponsor’s earnings in the UK, or sponsor’s overseas earnings and confirmed job offer in
the UK
─ Migrant spouses’ employment income (if they are in the UK with permission to work)
─ Migrant spouse’s overseas employment income or offers of employment in the UK, and
offers of third party support cannot be taken into account."

I suggest that if you want statistics on successful applications via this spouse settlement route that you post a FOI request with:
"What Do They Know"
https://www.whatdotheyknow.com/select_a ... gKHFvD_BwE

[seagul]

In fact you advised on using this route in April of this year What's changed since then?
immigration-for-family-members/immigrat ... s#p1621895

"Only income sources and evidence specified in the Immigration Rules can be taken into account, such
as:
─ Sponsor’s earnings in the UK, or sponsor’s overseas earnings and confirmed job offer in
the UK
─ Migrant spouses’ employment income (if they are in the UK with permission to work)
─ Migrant spouse’s overseas employment income or offers of employment in the UK, and
offers of third party support cannot be taken into account."

I suggest that if you want statistics on successful applications via this spouse settlement route that you post a FOI request with:
"What Do They Know"
https://www.whatdotheyknow.com/select_a ... gKHFvD_BwE

I only advised from financial requirement aspect only instead saying that it can be applied from outside uk. There other moderator also advised

[Casa]

I'll leave you do your research on challenging the Immigration Rules.

[CR001]

In fact you advised on using this route in April of this year What's changed since then?
immigration-for-family-members/immigrat ... s#p1621895

"Only income sources and evidence specified in the Immigration Rules can be taken into account, such
as:
─ Sponsor’s earnings in the UK, or sponsor’s overseas earnings and confirmed job offer in
the UK
─ Migrant spouses’ employment income (if they are in the UK with permission to work)
─ Migrant spouse’s overseas employment income or offers of employment in the UK, and
offers of third party support cannot be taken into account."

I suggest that if you want statistics on successful applications via this spouse settlement route that you post a FOI request with:
"What Do They Know"
https://www.whatdotheyknow.com/select_a ... gKHFvD_BwE

I only advised from financial requirement aspect only instead saying that it can be applied from outside uk. There other moderator also advised

I am not sure what your 'vendetta' is towards moderator Casa, but this is not the first topic you have 'attacked' Casa's advice by arguing relentlessly or have completely confused things by your lack of understanding or interpretation of aspects of the rules.

Why not eat a slice of 'humble pie' and simply admit that you might not be fully clear or fully understand or have experience/knowledge of this particular aspect of the 'accompanying spouse to the UK' by applying when both are outside the UK and leave it at that.

Your post Casa refers to in the link provided clearly states your advice as outlined in the immigration rules, rendering all your feeble arguments in THIS topic pointless.

Forgot to add.
If we where to combine our yearly income and it does meet the required 18600 Pound amount, would that count? Or do they only look at the sponsors income, ie my income?
Should I/we not earn the required yearly amount. Can we make up the shortfall with savings? If we are freelancers?
Thanks

That overseas income will online be allowed and considered if you have the confirmed job offer to commence within 3 months of return.

[Sau_UK]

WOW...I just logged in today and got amazed by seeing a huge discussion between Casa, CR001 (is it right to address you like this?) and Seagul, which has provided some very useful insights too. Thanks to all of you guys for atleast sharing your views, and Casa and CR001 for posting useful links and extracts.

I'm also quite sure (basis my research and understanding), and agree with Casa and CR001 that the route I am taking for my wife's visa is legitimate and compliant with the rules. I am a British citizen, meet the financial requirements (basis my last 12 months overseas salary and confirmed UK job offer with eligible salary). The main thing which I was unsure about was the accommodation in the UK (form requires an address), because I am not currently in the UK and hence can't sign up for an accommodation as yet. I did not want to go the UK in advance of my wife's visit as that would require us to leave separately for atleast a couple of months (visa takes 3 months).

Casa - Thanks for your suggestion about the accommodation (where you said that company provided accommodation might be acceptable).

Regards

[seagul]

With utmost respect to both of you who both are vital asset of forum (Casa & cr001). I m not challenging you rather giving my opinion on this topic and indeed I myself got numerous good tips from both of you.

[Casa]

Having done a little digging, there may be an issue with a temporary provision of accommodation for only 1 month from your employer.
Who owns the accommodation? Your employer or a private landlord

You would at the very least, require a written agreement provided by your employer which I assume will only mention the one month term. Do you have friends or family in the UK who could give an written invitation of accommodation available on you and your family's arrival?

Rest assured that this is a permitted route under the UK Immigration Rules, despite seagul's confusion.

[Sau_UK]

Hi All

Just to check again - is it ok to book service apartments for 30 nights and show it as accommodation for visa purposes? My employer has now refused to provide the accommodation support as part of the relocation package.

[Casa]

Hi All

Just to check again - is it ok to book service apartments for 30 nights and show it as accommodation for visa purposes? My employer has now refused to provide the accommodation support as part of the relocation package.

I believe you will need evidence of adequate accommodation for a term of at least 6 months. No luck with friends or family?

[Sau_UK]

Having done a little digging, there may be an issue with a temporary provision of accommodation for only 1 month from your employer.
Who owns the accommodation? Your employer or a private landlord

You would at the very least, require a written agreement provided by your employer which I assume will only mention the one month term. Do you have friends or family in the UK who could give an written invitation of accommodation available on you and your family's arrival?

Rest assured that this is a permitted route under the UK Immigration Rules, despite seagul's confusion.

Thanks Casa.

To make things worse, my employer has just informed me that they won't be able to provide me the accommodation anymore as it is only for their employees making intra-company moves!

Anyway, had they had still provided, that would have been an accommodation in service apartments, like a hotel, paid off by the employer. Employer would not have been owning them.

I have few friends in UK who I am contacting to see if they can provide the written invitation. The only slight issue is that some of them are rented accommodation and some are outside London. In rented accommodation, issue is that you need approval from the landlord.

On second thoughts, I was thinking if I book a serviced apartment for 1 month myself, as I would need a space as soon as I land in London. Can I not say to Visa officer that this is a temporary arrangement and I will make proper arrangements once I am in London? Will it not be convincing?

Thanks in advance.