Is a six month tenancy agreement sufficient?

[Lucapooka111]

Hi there, I would appreciate comments on my wife's application to join me in the UK. I am Brtish.

Married and living together for 16 years outside the UK. Two teenage children (both British nationals). Some doubts:

1. I have secured a tenancy agreement but my wife's name is not yet included, nor can it be at this stage because she does not have permission to live in the UK (a share code, apparently). Her name will be added when she has a residence card. What must I do with regard to the visa application to prove she has a right to live at that address?

2. Rather than provide a complicated papertrail of of accounts and earnings, I am intending to provide a single bank statement from a savings account in the UK that holds 85K. The account was opened in March 2020, at which time I deposited the money, transferred from another UK bank account, where it had been held since 2015. Will this single piece of evidence be sufficient to meet the requirements? Do I need a paper original of the banks statement (I am currently paperless)?

My children are British and don't need to included in the financial maintenance calculation. Yes/No?

I was divorced in 2004 and married my current spouse in 2006. The application is asking for my ex-spouse's date of birth. I have no ideal (can't recall) and the form will not let me skip this mandatory field (or explain further). Can I just put any date and then write an explanation?

I may have other doubts, but I think this is all I need at this stage. Thanks for your consideration of my questions.

[manci]

. I have secured a tenancy agreement but my wife's name is not yet included, nor can it be at this stage because she does not have permission to live in the UK (a share code, apparently). Her name will be added when she has a residence card. What must I do with regard to the visa application to prove she has a right to live at that address?

Your wife will have a 30 day entry clearance vignette in her passport showing that when she arrives she has permission to be in the UK. She'll have to collect her BRP from the nominated Post Office within 10 days of her arrival in the UK after which the landlord can do an online RTR check..

From https://assets.publishing.service.gov.u ... checks.pdf :

If they need to enter into a tenancy agreement prior to collecting their BRP, they will be able to evidence their right to rent by producing the short validity vignette in their passport which they used to travel to the UK. You will need to conduct a manual right to rent check on the basis of this vignette, which must be valid at the time of the check. However, as this will expire 30 days from issue, you will have to repeat the check using the online service, for the statutory excuse to continue.

Note that BRPs are no longer acceptable proof of the right to rent, in fact they will cease to exist after 2024.

. Rather than provide a complicated papertrail of of accounts and earnings, I am intending to provide a single bank statement from a savings account in the UK that holds 85K. The account was opened in March 2020, at which time I deposited the money, transferred from another UK bank account, where it had been held since 2015. Will this single piece of evidence be sufficient to meet the requirements? Do I need a paper original of the banks statement (I am currently paperless)?

Your electronic bank statement showing that you have held the funds for at least 6 months prior to the date of application will be acceptable provided it is either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page. You'll also have to make a declaration about the source of the cash savings.
Refer to Appendix FM-SE of the immigration rules:
https://www.gov.uk/guidance/immigration ... d-evidence

My children are British and don't need to included in the financial maintenance calculation. Yes/No?

n/a - you just need min. £62,500 cash savings

I was divorced in 2004 and married my current spouse in 2006. The application is asking for my ex-spouse's date of birth. I have no ideal (can't recall) and the form will not let me skip this mandatory field (or explain further). Can I just put any date and then write an explanation?

I would suggest the same, put an approx. date in the application and write a cover letter with an explanation.

[Lucapooka111]

Thanks for your informative response. I have read that wait times can be up to 24 months (and the Ukraine issues have compounded that). If my wife applies in Brazil, will her passport be retained and sent to the UK with the application? I intend to travel next week to the UK and already have school places for my children, my wife was hoping to join us for Christmas, as visitor or settled depending on a speedy outcome. If they keep the passport, that is something we have to accept and take the risk, but if they don't keep her passport, could she visit the UK for Christmas and then return to Brazil to await the outcome? Can she visit the UK in the intervening period?

[TODMATT]

Thanks for your informative response. I have read that wait times can be up to 24 months (and the Ukraine issues have compounded that). If my wife applies in Brazil, will her passport be retained and sent to the UK with the application? I intend to travel next week to the UK and already have school places for my children, my wife was hoping to join us for Christmas, as visitor or settled depending on a speedy outcome. If they keep the passport, that is something we have to accept and take the risk, but if they don't keep her passport, could she visit the UK for Christmas and then return to Brazil to await the outcome? Can she visit the UK in the intervening period?

24 weeks is the current waiting time and vignettes are now granted for 90 days since COVID.

Non visa nationals can get away with travelling to the UK a pending their application if you can satisfied the border officer that, you are not intending to stay but to visits with alot of proofs!

I have seen non visa national travels to the UK without an issue but be aware of the risk that you can be stopped if you are not a genuine visitor.

[AmazonianX]

Thanks for your informative response. I have read that wait times can be up to 24 months (and the Ukraine issues have compounded that). If my wife applies in Brazil, will her passport be retained and sent to the UK with the application? I intend to travel next week to the UK and already have school places for my children, my wife was hoping to join us for Christmas, as visitor or settled depending on a speedy outcome. If they keep the passport, that is something we have to accept and take the risk, but if they don't keep her passport, could she visit the UK for Christmas and then return to Brazil to await the outcome? Can she visit the UK in the intervening period?

Use the option that allow applicant to keep passport. And if having currently valid visa, can visit and as stated above concrete evidence that the visit is not a means to circumvent the immigration process, have return ticket at hand and hopefully no issues at PoE.

[Lucapooka111]

Thanks again for the input. I assume all documents have to be original and submitted to VFXGlobal, or does VFXGlobal view the originals and then take copies, or do I provide originals and copies myself? The only two documents not originating in the UK and not in English will be our marriage cert. and my wife's birth cert. Do these need to be translated (yet, they seem self-explanatory merely showing names and dates easily identified) and if so, by whom?

[manci]

I assume all documents have to be original and submitted to VFXGlobal, or does VFXGlobal view the originals and then take copies, or do I provide originals and copies myself?

The usual procedure is to scan and upload the documents with the online application and then take the originals to the biometric appointment where they will check that they correspond to the uploaded copies

The only two documents not originating in the UK and not in English will be our marriage cert. and my wife's birth cert. Do these need to be translated (yet, they seem self-explanatory merely showing names and dates easily identified) and if so, by whom?

I don't believe translation is necessary, refer to clause 26 in Appendix FM-SE
https://www.gov.uk/guidance/immigration ... d-evidence

[Lucapooka111]

Why am I unable to see anything related to accommodation in the FM-SE? I know it's a mandatory requirement to have suitable accommodation but why (it seems to me) is this specified in those rules provided in your link? Or are they found elsewhere?

[manci]

Or are they found elsewhere?

Yes, see E-ECP.3.3(b) in Appendix FM
https://www.gov.uk/guidance/immigration ... ly-members

[Lucapooka111]

I think I'm almost ready to apply but may I clear my mind on something? Myself and our two children would be travelling to the UK now (my son is 16 and needs to be in school asap to prep for his GCSE; any delay is very damaging). This would leave my wife alone in Brazil away from her children waiting 24 months for her vignette. If she were to visit for Christmas and we made the (rash?) decision for apply for FLR under the 10 year route instead, I assume she would not be allowed to leave the UK or work until the outcome of that application. Roughly how long might that be. In addition to that, is there a link to a sticky thread that has all of the 10 year FLR rules and conditions. Thankyou.

[Ticktack]

I think I'm almost ready to apply but may I clear my mind on something? Myself and our two children would be travelling to the UK now (my son is 16 and needs to be in school asap to prep for his GCSE; any delay is very damaging). This would leave my wife alone in Brazil away from her children waiting 24 months for her vignette. If she were to visit for Christmas and we made the (rash?) decision for apply for FLR under the 10 year route instead, I assume she would not be allowed to leave the UK or work until the outcome of that application. Roughly how long might that be. In addition to that, is there a link to a sticky thread that has all of the 10 year FLR rules and conditions. Thankyou.

She's not allowed to come here visiting and then decide suddenly to stay and apply for leave to remain under any kind of route.
It would clearly show that it was her intention all along. She might be deported or have a very lengthy and expensive legal battle.
The UK is very aggressive with immigration. The full wrath of the law would descend on you guys.

Whatever needs to be done needs to go though the proper channel.

[Lucapooka111]

The 10 year route is a proper channel! I was hoping for an informed response with some links.

[Lucapooka111]

Obviously we need suitable accommodation to met the requirements of the spouse visa application, but what happens if you want buy a house in the UK but not before we arrive. I am British and will be bringing my wife to the UK and am considering a six month lease to show for the visa application, and then hunt for suitable property to buy in the interim time it takes for the visa to be issued. What I'm getting at is that a six month tenancy agreement (that has options to extend) might not seem appropriate if the time it takes to issue the visa )24 weeks) will match with the end of lease. Any thoughts?

[geeta624262]

Hi there, I would appreciate comments on my wife's application to join me in the UK. I am Brtish.

Married and living together for 16 years outside the UK. Two teenage children (both British nationals). Some doubts:

1. I have secured a tenancy agreement but my wife's name is not yet included, nor can it be at this stage because she does not have permission to live in the UK (a share code, apparently). Her name will be added when she has a residence card. What must I do with regard to the visa application to prove she has a right to live at that address?

2. Rather than provide a complicated papertrail of of accounts and earnings, I am intending to provide a single bank statement from a savings account in the UK that holds 85K. The account was opened in March 2020, at which time I deposited the money, transferred from another UK bank account, where it had been held since 2015. Will this single piece of evidence be sufficient to meet the requirements? Do I need a paper original of the banks statement (I am currently paperless)?

My children are British and don't need to included in the financial maintenance calculation. Yes/No?

I was divorced in 2004 and married my current spouse in 2006. The application is asking for my ex-spouse's date of birth. I have no ideal (can't recall) and the form will not let me skip this mandatory field (or explain further). Can I just put any date and then write an explanation?

I may have other doubts, but I think this is all I need at this stage. Thanks for your consideration of my questions.

Six months tenancy agreement is fine.
Good if the landlord mentions in the agreement the name of your spouse subject to visa. I got this included in the agreement.
Due to Ukraine war the agreement expired but it wont be a problem.

[JB007]

Myself and our two children would be travelling to the UK now (my son is 16 and needs to be in school asap to prep for his GCSE; any delay is very damaging).

Students have been preparing for the GCSE exams for years. It's a bad time for a 16 year old to change schools, let alone change country.

I assume you know about the 3 year residence requirement for university student funding from the UK?

When you’re eligible for full support

You can apply for full support if all the following apply:

you’re a UK national or Irish citizen or have ‘settled status’ (no restrictions on how long you can stay)
you normally live in England
you’ve been living in the UK, the Channel Islands or the Isle of Man for 3 years in a row before the first day of the first academic year of your course (apart from temporary absences such as holidays)

https://www.gov.uk/student-finance/who-qualifies

[manci]

Obviously we need suitable accommodation to met the requirements of the spouse visa application, but what happens if you want buy a house in the UK but not before we arrive

You are overthinking. Confirmed temporary accommodation, such as a hotel booking would also be acceptable if it is explained in the application that it is a precursor to securing permanent accommodation.