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Family visa for (future) spouse

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basicdiagrams
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Joined: Mon Jul 30, 2018 9:12 am
Ireland

Family visa for (future) spouse

Post by basicdiagrams » Tue Jun 28, 2022 12:22 pm

Hi everyone. A quick background info before my questions.

I registered as a British citizen (UKF route) in 2019 and shortly after I moved to the UK as I received scholarship for PhD degree, which I am to finish by the end of this year. I have never been employed in the UK for this reason.

I am in a long term relationship with my girlfriend (9+ years) during which we lived together in our home country in Europe (although we do not have any official documents to confirm that we lived at the same address as all bills were in my name), and separately (she is on her PhD in Ireland), and we visit eachother frequently in the UK and Ireland. We plan to get married in August (in our home country) and have decided to settle in the UK.

So, she would need to apply for a Family visa to join me in the UK. As I understand, for me to be eligible sponsor, I would need to have been working for at least 6 months and earning 18,600 GBP per year. Does that necessarely means she would not be able to apply before these 6 months of employment have lapsed or is there a way to shorten this period (e.g. declaring savings instead of salary)?

And finally, I wasn't able to find the answer to this question - my girlfriend would be applying for the Family visa in our home country. However, she currently has a 2-year UK Visitor visa. Would she be able to enter the UK (and stay here for short periods) with this Visitor visa while her Family visa is being processed or is that not allowed?

Thanks

AmazonianX
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Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Family visa for (future) spouse

Post by AmazonianX » Tue Jun 28, 2022 3:27 pm

basicdiagrams wrote:
Tue Jun 28, 2022 12:22 pm
Hi everyone. A quick background info before my questions.

I registered as a British citizen (UKF route) in 2019 and shortly after I moved to the UK as I received scholarship for PhD degree, which I am to finish by the end of this year. I have never been employed in the UK for this reason.

I am in a long term relationship with my girlfriend (9+ years) during which we lived together in our home country in Europe (although we do not have any official documents to confirm that we lived at the same address as all bills were in my name), and separately (she is on her PhD in Ireland), and we visit eachother frequently in the UK and Ireland. We plan to get married in August (in our home country) and have decided to settle in the UK.

So, she would need to apply for a Family visa to join me in the UK. As I understand, for me to be eligible sponsor, I would need to have been working for at least 6 months and earning 18,600 GBP per year. Does that necessarely means she would not be able to apply before these 6 months of employment have lapsed or is there a way to shorten this period (e.g. declaring savings instead of salary)? If you have savings of £62,500 that's held for at least 6months you can apply immediately.

And finally, I wasn't able to find the answer to this question - my girlfriend would be applying for the Family visa in our home country. However, she currently has a 2-year UK Visitor visa. Would she be able to enter the UK (and stay here for short periods) with this Visitor visa while her Family visa is being processed or is that not allowed? Mine was applying for, getting visitor visa and visiting the UK while appeal was in progress. On the other hand it has happened before for person who retained their passport and visited UK while application was in process, its not so much clear if entry is normally allowed or based on luck.

Thanks

basicdiagrams
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Posts: 29
Joined: Mon Jul 30, 2018 9:12 am
Ireland

Re: Family visa for (future) spouse

Post by basicdiagrams » Wed Aug 10, 2022 2:43 pm

Thanks for the reply.

Also, the gov.uk info page about Spouse visa states that the applicant needs to "be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
  • you’ve been living together in a relationship for at least 2 years when you apply
  • you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving"
So this means if she submits our marriage certificate that would be sufficient evidence for the Family visa in this case? I'm afraid we don't have any bills to prove we lived together at the same address as we were not officially registered (for utility bills etc). Don't know if that would present a problem for the application.

Many thanks

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Ticktack
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Re: Family visa for (future) spouse

Post by Ticktack » Wed Aug 10, 2022 3:06 pm

basicdiagrams wrote:
Wed Aug 10, 2022 2:43 pm
Thanks for the reply.

Also, the gov.uk info page about Spouse visa states that the applicant needs to "be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
  • you’ve been living together in a relationship for at least 2 years when you apply
  • you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving"
So this means if she submits our marriage certificate that would be sufficient evidence for the Family visa in this case? I'm afraid we don't have any bills to prove we lived together at the same address as we were not officially registered (for utility bills etc). Don't know if that would present a problem for the application.

Many thanks
A marriage certificate isn't all that is required. It's a major requirement for spouse visa, but it also has to be backed by what I call the "B Team". Evidence that your relationship is true and subsisting. Phone logs, pictures taken at various times. Tickets or entry stamps showing that you've been seeing each other frequently. The list is based on what you can find and present to show you're in constant contact with your spouse.
No sin in failing, you just have to try and try again!

basicdiagrams
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Posts: 29
Joined: Mon Jul 30, 2018 9:12 am
Ireland

Re: Family visa for (future) spouse

Post by basicdiagrams » Thu Aug 11, 2022 1:43 pm

Thanks, Ticktack, we have loads of those informal ones.

The 'official' ones (like utility bills and bank accounts) are the ones we might have some issues with, as we haven't got any of those, despite being in a 10 year relationship.

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Ticktack
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Posts: 2735
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Re: Family visa for (future) spouse

Post by Ticktack » Thu Aug 11, 2022 3:44 pm

basicdiagrams wrote:
Thu Aug 11, 2022 1:43 pm
Thanks, Ticktack, we have loads of those informal ones.

The 'official' ones (like utility bills and bank accounts) are the ones we might have some issues with, as we haven't got any of those, despite being in a 10 year relationship.
If you don't have all that, it's not the end of the world. Sort out the financials as advised by AmazonianX, then back it up with one utility bill to show residence. Then the support docs you have.
It should be fine.

It would be nice to get it done in one go, but if you don't, you get the right of appeal. At this juncture you'd be notified of docs you need to send to strengthen your application.
No sin in failing, you just have to try and try again!

secret.simon
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Re: Family visa for (future) spouse

Post by secret.simon » Thu Aug 11, 2022 5:04 pm

Ticktack wrote:
Thu Aug 11, 2022 3:44 pm
you get the right of appeal
More correctly, you get the right to request an administrative review. Appeals are/were a different process altogether.

Words have meanings and consequences. You should weigh them carefully :)
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Ticktack
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Re: Family visa for (future) spouse

Post by Ticktack » Thu Aug 11, 2022 7:38 pm

secret.simon wrote:
Thu Aug 11, 2022 5:04 pm
Ticktack wrote:
Thu Aug 11, 2022 3:44 pm
you get the right of appeal
More correctly, you get the right to request an administrative review. Appeals are/were a different process altogether.

Words have meanings and consequences. You should weigh them carefully :)
Maybe it's changed now. My bad. But I know for a fact, that upon spouse visa being rejected, you get a right of appeal.
This goes to the Immigration and Asylum First-tier Tribunal. HM Courts & Tribunals Service
Notice of Pending Appeal is then sent to the Appellant and the Respondent.

Upon appeal, it could then get overturned by the Senior ECO based on the added facts/ documents that have come to light. This I have been privy to.

So yeah, I try to weigh my words before dropping them on someone! Apologies if am not keeping with the times. :cry:
No sin in failing, you just have to try and try again!

basicdiagrams
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Re: Family visa for (future) spouse

Post by basicdiagrams » Mon Aug 15, 2022 10:42 am

Many thanks for your answers!

basicdiagrams
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Re: Family visa for (future) spouse

Post by basicdiagrams » Wed Aug 31, 2022 7:16 pm

Ticktack wrote:
Wed Aug 10, 2022 3:06 pm
basicdiagrams wrote:
Wed Aug 10, 2022 2:43 pm
Thanks for the reply.

Also, the gov.uk info page about Spouse visa states that the applicant needs to "be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
  • you’ve been living together in a relationship for at least 2 years when you apply
  • you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving"
So this means if she submits our marriage certificate that would be sufficient evidence for the Family visa in this case? I'm afraid we don't have any bills to prove we lived together at the same address as we were not officially registered (for utility bills etc). Don't know if that would present a problem for the application.

Many thanks
A marriage certificate isn't all that is required. It's a major requirement for spouse visa, but it also has to be backed by what I call the "B Team". Evidence that your relationship is true and subsisting. Phone logs, pictures taken at various times. Tickets or entry stamps showing that you've been seeing each other frequently. The list is based on what you can find and present to show you're in constant contact with your spouse.
Hi, a quick update if anyone else is following. I have been advised by several (successful) applicants that the marriage certificates and wedding photos was everything that was needed for successful applications, so there was no need for official documents like proof of address and such, in case you are married. Which is great news and actually reflects what is written on the gov.uk website :)

AmazonianX
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Posts: 8127
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Family visa for (future) spouse

Post by AmazonianX » Wed Aug 31, 2022 10:06 pm

basicdiagrams wrote:
Wed Aug 31, 2022 7:16 pm
Ticktack wrote:
Wed Aug 10, 2022 3:06 pm
basicdiagrams wrote:
Wed Aug 10, 2022 2:43 pm
Thanks for the reply.

Also, the gov.uk info page about Spouse visa states that the applicant needs to "be able to prove one of the following:
  • you’re in a civil partnership or marriage that’s recognised in the UK
  • you’ve been living together in a relationship for at least 2 years when you apply
  • you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving"
So this means if she submits our marriage certificate that would be sufficient evidence for the Family visa in this case? I'm afraid we don't have any bills to prove we lived together at the same address as we were not officially registered (for utility bills etc). Don't know if that would present a problem for the application.

Many thanks
A marriage certificate isn't all that is required. It's a major requirement for spouse visa, but it also has to be backed by what I call the "B Team". Evidence that your relationship is true and subsisting. Phone logs, pictures taken at various times. Tickets or entry stamps showing that you've been seeing each other frequently. The list is based on what you can find and present to show you're in constant contact with your spouse.
Hi, a quick update if anyone else is following. I have been advised by several (successful) applicants that the marriage certificates and wedding photos was everything that was needed for successful applications, so there was no need for official documents like proof of address and such, in case you are married. Which is great news and actually reflects what is written on the gov.uk website :)
Congratulations on your successful application.
Though not clear from your post.

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