Unmarried Partner visa - general advice needed

[erose67]

After 15 years in the U.S. I have made the decision to return to England with my 1 year old son (has UK birth certificate) and his father (USC) - we are not married but have lived together for 3 years.

I have the settlement visa application for my partner and am starting to work through the various sections but had a few general questions that I'm hoping someone can answer for me.

a) accommodation - our plan was to stay with my Mother while we house hunt rather than trying to rent/buy from over here - the guidance on the visa app seems to indicate that you must have a place to stay that is exclusively owned or rented by your family - does that include my Mother if she's also living there? We anticipate finding our own place within 2-3 weeks of arrival - do I just make all that clear in the application? Should I include a letter from my Mother?

b) finances - part of the reason in deciding to move back was financial. We have limited funds here after both going through lay-offs last year. We are both working again now but our savings have been severely depleted to less than $5K. Again, my family has offered to help us until we get jobs and back on our feet but I'm concerned that the visa application people will look at our bank accounts and decide we can't support ourselves........the various things we will be selling before we leave will come to about $10K minimum but, obviously, I can't show those funds until much closer to our departure when we actually sell things.

Any other advice anyone can offer would be greatly appreciated - i'd really like to hit a home run first time through with this application so we can finalize our plans for moving.

Thanks,
Karen

[ElenaW]

A) staying with your mother is fine as long as she has enough rooms to accommodate you three. Yes you need to include a letter.

B) If you want to count the other 10k you need to sell these things and have this money in your bank account to prove that it's accessible for the purpose of financial support for your family before you apply. 15k in savings seems reasonable to me to get an approval. However if you want to cover all bases, it would probably be best to go to the uk alone and find a job first.

[batleykhan]

Hi Karen

Ok looking at your post you will get away with it on point A. You can live with your mother in her house providing there is sufficient room there. If its just going to be you and your hubby along with your mum, you will need at least a 2 bedroom house.

You will need a letter of consent from your mum (PM your email and I will send you a sample) stating that you can stay there rent free till you are in a position to find your own property. You will need to provide copies of the title deeds showing that it it is owned by her. If there is a mortgage on it,you will need to provide evidence to show the payments are up to date.

As far your point B is concerned this is where you might come unstuck.Whilst you can get your mum to help you out accommodation wise, you are not entitled to financial support from family.

Whilst you may have £5 or 10k in your account the question you want to be asking is how long will this amount last?. Had you been working and had a steady income along with these savings, I dont think you would have any problem.

If the ECO is in a good mood he may grant it with above but if he has any doubt, he has the right to refuse it. I think you will need to show that you will find a job quickly upon return to UK in your application. That will depend on what job you do or can do and how quickly you can find that job

Hope this helps.

[vinny]

See also Maintenance and accommodation

[erose67]

Thank you both.....

Interesting little point I spotted in that Maintenance link:

If members of the couple’s families in the UK offer to maintain the couple adequately until they can do so from their own resources, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

If we could show that we had already begun our job search and planned to start working as soon as employment could be secured - if in my sponsors letter I explain the difficulty of our current situation and the need to move closer to family...........maybe?

[vinny]

See also 3rd Party Support & Accommodation.