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Spouse visa application - need some clarifications pls

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LadySSSS
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Spouse visa application - need some clarifications pls

Post by LadySSSS » Wed Jul 06, 2011 2:36 pm

Here is what i am very concerned about... What should i answer on question: Have you lived with your sponsor in a relationship like marriage at any time, including period after marriage? I have lived with my husband for 5 months, in his house in UK, but i had issued visitor visa, and except personal statements from his family or friends i have no other evidence to show to confirm this statement... I have my bank statement which shows that i was taking money from my account in the area where he lives, in that period, i have some photos taken in that area and in his flat, but no exact date on them, but other than that i have no other real evidence... I returned to my country week before my visa was about to expire and we got married 2 weeks after that.

Does anybody maybe have idea what could i give as an evidence of this?

Second thing is... Is there exact information how old bank statement can be when submitted with visa application? I cant seem to find this information.


Thanks in advance!

LadySSSS
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Post by LadySSSS » Thu Jul 07, 2011 11:24 am

Okay, so to answer my own question, it looks like bank statement should not be older than 28 days, but i would still like to confirm this information, if anybody can confirm it please.

As a proof that i stayed at his place when i was in visit, i decided to take personal statement from his mother, who lives with him, and his best friend. I do hope these will be enough, but im honestly not sure...

There i have another question, and im really confused about this... I dont really understand whole thing about council flats, but i know my husband's mother lives in one, and since she s disabled pensioner, my husband lives with her as well. I will be living with them as well, at least in the beginning... Anyway... in my visa application i have to state about property and who owns it... Do i write owned or rented by a parent in this case? Or owned by somebody else? Please help :)


Thanks :)

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Casa
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Post by Casa » Thu Jul 07, 2011 12:51 pm

Rented by your mother-in-law.
You'll need written permission from the council (as landlord), agreeing to you joining the household. You'll also need to show that the flat won't be overcrowded with you living there.

Kitty
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Re: Spouse visa application - need some clarifications pls

Post by Kitty » Thu Jul 07, 2011 2:15 pm

LadySSSS wrote:Here is what i am very concerned about... What should i answer on question: Have you lived with your sponsor in a relationship like marriage at any time, including period after marriage? I have lived with my husband for 5 months, in his house in UK, but i had issued visitor visa, and except personal statements from his family or friends i have no other evidence to show to confirm this statement... I have my bank statement which shows that i was taking money from my account in the area where he lives, in that period, i have some photos taken in that area and in his flat, but no exact date on them, but other than that i have no other real evidence... I returned to my country week before my visa was about to expire and we got married 2 weeks after that.
The only possible quibble with saying that your relationship was "like marriage" is that it may suggest that when you came to the UK as a visitor, you weren't being entirely honest, because your real intention was to live with your partner. How long had you been together before your most recent visit?

A relationship like marriage is more than just staying at someone's house. Did you share financial commitments, things like that? IMO, you are free to say that you didn't live in such a relationship, AND to give evidence that you have visited him in the UK for an extended period.

Having lived in a "relationship like marriage" is not a requirement for the spouse visa. Even if you tick the box, you don't necessarily have to prove it other than saying that you stayed with him.

LadySSSS
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Post by LadySSSS » Thu Jul 07, 2011 2:58 pm

Casa wrote:Rented by your mother-in-law.
You'll need written permission from the council (as landlord), agreeing to you joining the household. You'll also need to show that the flat won't be overcrowded with you living there.
Thank you Casa! That is very useful information, had no idea about having to obtain permission from council. I will contact my mother in law today about it. Hopefully it doesnt take too long to obtain it. About the flat being overcrowded, is it enough to just attach photos of the flat, or will i need some official document again? :( Since i checked and with 2 bedrooms the flat is suitable accommodation for my mother-in-low + me and my husband.
Kitty wrote:The only possible quibble with saying that your relationship was "like marriage" is that it may suggest that when you came to the UK as a visitor, you weren't being entirely honest, because your real intention was to live with your partner. How long had you been together before your most recent visit?
We have been together for around a year before i went to visit him. I was concerned about same thing, dont want it to look like i wasnt honest when i applied for visitor visa. But then in same time, i wasnt sure if because we were in a relationship and i stayed there 5 months and i wasnt working and obviously he was financially supporting me, will that automaticaly be considered as "like marriage".

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Post by Casa » Thu Jul 07, 2011 3:10 pm

The council should confirm the maximum number of habitants for the property.
I'll leave Kitty with the other point. :?

LadySSSS
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Post by LadySSSS » Thu Jul 07, 2011 3:16 pm

Casa wrote:The council should confirm the maximum number of habitants for the property.
Ok, thanks much again :)

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Post by Kitty » Fri Jul 08, 2011 11:27 am

I think that on balance you will be fine.

The fact that you left before your visa expired supports your own integrity as to your intentions.

Did you state in your visit visa application that you would be staying with your boyfriend during your visit?

As long as you have been honest then I don't think you need to be worried. Whether you describe the set-up during your previous visit as being "like marriage" or not is up to your own interpretation.

LadySSSS
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Post by LadySSSS » Fri Jul 08, 2011 12:34 pm

Kitty wrote: Did you state in your visit visa application that you would be staying with your boyfriend during your visit?
.
No. He was my sponsor, and i stated that i am going to visit him, but i called him friend, not boyfriend...I was worried that i wont get visitor visa if i say that i am going to see boyfriend, so i figured it s easier to say friend. Guess that is going to complicate situation now...

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Casa
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Post by Casa » Fri Jul 08, 2011 1:01 pm

Friendship turned to love perhaps? :?

LadySSSS
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Post by LadySSSS » Fri Jul 08, 2011 2:21 pm

Guess we could both write letter and explain some things, but that would mean making up stories and lying, which i wanna try to avoid since i have real genuine relationship and i dont want to complicate things, but then again how to explain that i didnt tell exact truth previous time when i applied? Is there any chance that ECO wont be looking at previous application?

Kitty
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Post by Kitty » Fri Jul 08, 2011 2:35 pm

You will need to refer to previous applications when you fill in the spouse visa form, so they have access to what you submitted last time.

I think it is perfectly legitimate to say that you have not lived in a relationship "like marriage" before: as I said before, there is a difference (IMO) between staying at someone's house (even for an extended period) and actually having day-to-day shared responsibility for household finances etc.

If you complete the form in that way, I think it is not dishonest. The ECO may still see that your husband was described as a "friend" in a previous visa application.

However, you cannot be refused a spouse visa solely on the grounds of having made false representations in an earlier application. You can only be refused if you "contrived in a significant way to frustrate the Immigration Rules". That means using deception PLUS some aggravating factor or other (such as working, using the NHS when not entitled). If saying your boyfriend was only a friend is all you did, then you should not be refused solely on that basis.

LadySSSS
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Post by LadySSSS » Mon Jul 11, 2011 1:19 pm

Thank you Kitty, feeling less stressed about it now. :?

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