Spousal visa requirements

[annemoss]

Here's our situation. I am an American married to a British citizen. I have lived in the UK before (2000-2005) with a spouse's visa and then ILR. One of my children was born in the UK. In 2005 we moved to the US. Now we want to return to live in England. I applied as a returning resident but that was refused (probably because I had been living outside of the UK for more than 2 years). We want to reapply for a spousal visa but are worried about the financial requirements. We have a house in the US which we are trying to sell, but do have money to live on until the house sells. When my husband applied for his US green card there was a clear financial requirement set forth. There is no figure on the UK application. As we are currently in the US my husband is employed here and not in the UK. We are worried that he will have to move back without us (myself and the two children), get a job, and then apply for the spousal visa.

[Greenie]

Reading This topic is a good start.

[ElenaW]

That's true, there is no set amount financially that a family would need according to the UKBA guidance. However, we usually say that it should be more than what a family would get in benefits. So roughly £102 for a couple and £57 for each child a month left over after rent and council tax. In your case, it is probably wise to have your husband go to the UK on his own and find work and then you apply for your spousal visa.

[annemoss]

We have approx 20,000 (GBP) to live on for the time being and my husband has received a temporary job with the census.

[ElenaW]

We have approx 20,000 (GBP) to live on for the time being and my husband has received a temporary job with the census.

Ok that's more than enough then. American applicants get put through the fast track as well so they're not as picky.

[annemoss]

Hi there! Another question. As we are living in the US currently we do not have housing in the UK. We plan on renting a house once we are back in the country. In the mean time we have hotel reservations. We have not rented anywhere yet as that would mean a large financial outlay which is not recommended until you have a visa. We are hoping that the reservation and our detailed plan will be enough. What do you all think?

[annemoss]

I found this on the UK Border Agency's website:
"â– you have adequate accommodation where you and your dependants can live without help from public funds"

Would proving that we can afford suitable accommodation be enough? Maybe printing out information about houses for rent in the area we are moving to and proving that we have enough money to actually afford to rent said properties?

[ElenaW]

No, that's not enough. You either need to make these huge deposits and rent a place or you can stay with friends or family. In which case, you'll need a letter from them allowing you to stay and proof that they own their house. If they are renting, you need a letter from the landlord giving you permission to stay with them.

[annemoss]

Ok, we're going to ask my in-law's if we can stay with them. They have a four bedroom house and only use two so there's enough room for us. How long do we have to live there to qualify? I mean, once we get there we will go Devon and get somewhere to rent.

[annemoss]

What sort of proof that they own their house? What documentation would we need to provide with the visa application?

[skyepark]

since you've lived together abroad for four years you can apply for indefinate leave to remain no?

http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

[vinny]

Yes. KOL is required for ILE endorsement.

[annemoss]

An update. Got the packet with the letter telling us why the returning resident visa was refused; as we thought it was because I'd been outside of the UK now for longer than I lived there (and more than 2 years). So I'm applying for a spouse's visa. Got the financial requirement down and sort out accommodation. We are going to live in my husband's aunt's house. She is 89 and lives in a care home. Her house is empty but still connected with electricity, phone, water, etc. My father in law has power of attorney and has written a letter saying that we can live there indefinitely. We're sending council tax bills, telephone, and electricity bills to prove that the aunt owns the house (it's paid for so no mortgage bills) as we cannot send the deeds (the solicitor is in possession of those). So hopefully we are sorted and ready to go! Fingers crossed!

[ElenaW]

An update. Got the packet with the letter telling us why the returning resident visa was refused; as we thought it was because I'd been outside of the UK now for longer than I lived there (and more than 2 years). So I'm applying for a spouse's visa. Got the financial requirement down and sort out accommodation. We are going to live in my husband's aunt's house. She is 89 and lives in a care home. Her house is empty but still connected with electricity, phone, water, etc. My father in law has power of attorney and has written a letter saying that we can live there indefinitely. We're sending council tax bills, telephone, and electricity bills to prove that the aunt owns the house (it's paid for so no mortgage bills) as we cannot send the deeds (the solicitor is in possession of those). So hopefully we are sorted and ready to go! Fingers crossed!

Her paying her bills does not prove that she owns the house. You can get the deeds from the land registry website for £4.

As others have mentioned, when your cover letter is written for the spousal visa, mention that you want to apply for ILE KOL required since you qualify.

[annemoss]

Thank you for all the advice! My husband would like to know if you have the exact URL for the deed purchasing page of the Land Registry website? Thank you!

[annemoss]

Well that didn't work. The Land Registry website does not have the deed on there. We think that it's because my husband's aunt and uncle bought the land and built the house in the 60s and that they've lived there since then. Therefore, the deed has not been processed or changed hands for 40 odd years.

[Kitty]

annemoss, what documents did your in-laws keep when they bought the land and built the house? If they had a mortgage when they bought it, then they or their bank may have some records of that.

If the land is still unregistered then they should have the title deeds (or the solicitor who dealt with the transaction may hold them).

I would suggest calling the land registry office that is local to your in-laws (should be available on the Land Registry website) and explaining the situation to them. They should be able to advise on whether the property is registered or unregistered.

This page may also be helpful:

http://www1.landregistry.gov.uk/kb/Defa ... =8&catId=2

[annemoss]

We originally planned to fly to the UK, stay in a hotel for a week or so, and find a place to rent in Devon. Now, as we have to have apprppriate accommodation in place to meet the housing requirement and will have my husband's aunt's house to live in, we'd like to know if there's a set amount of time we'll have to live in her house. We don't want to get to the UK and follow our original plan and get in trouble for not living at her house. Of course, we want to do every thing properly and follow the law. The problem is that her house in Essex and we plan to settle in Devon. We have enough money to rent somewhere in Devon but can't rent somewhere there while we're still in the US with no visa for me. Agh!!!

[Casa]

You can move accommodation whenever you choose.