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UK Citizen and don't like in the UK. How to get spouse visa?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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brayrobert201
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Joined: Wed Sep 28, 2011 1:16 pm
Location: Australia

UK Citizen and don't like in the UK. How to get spouse visa?

Post by brayrobert201 » Wed Sep 28, 2011 1:25 pm

Hi All,

Sorry for the title, it's not all it could be.

My situation is this:

I am an Australian with UK citizenship via my Father. My wife and I are emigrating (Me in a few weeks time and her for a month over Christmas then permanently in June)

Now, I've filled out the online application form and am at the bit where it asks for my address.

Long story short, I don't have one. At best I've got vague ideas of what part of the country I'll be in, but I suspect that saying "South East England" is not an acceptable address.

We're both reasonably highly qualified and have no real chance of being homeless for long (I have accommodation with relatives for the short term, but this is more likely to be measured in weeks)

Any ideas of what would be an acceptable response to put in? Should I give the address of a relative I'll be staying with there, even if I'll probably be long gone from there before her visa is approved? Put "Not Applicable"? Put "Working on it. You'll know when we know"?

Advice is highly appreciated. I've been through the spouse visa process with her before for what got her Australian citizenship, but obviously I didn't have the residency problem then.

Lucapooka
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Post by Lucapooka » Wed Sep 28, 2011 1:28 pm

It´s not just an address for correspondance. You need to show that you meet the requirements for adequate accommodation as laid down in the rules and that you have this in place before you apply for her visa. If you intend to live with family they must provide proof of thier permission for you to live with them, their rental contact or ownership, and demonstrate that your presence will not lead to overcrowding.

brayrobert201
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Joined: Wed Sep 28, 2011 1:16 pm
Location: Australia

Post by brayrobert201 » Wed Sep 28, 2011 1:35 pm

Right, so if we tried to both head over and work at the same time, we basically couldn't?

Any idea of how this works for the wives of citizens (such as my Father) who left the UK decades ago, married, started families, etc and then attempted to move back?

Also, given that this is obviously designed to stop people from going there and becoming homeless/welfare dependent fairly quickly, is a thick wad of cash an acceptable substitute to arranged accommodation?

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Sep 28, 2011 2:10 pm

For accommodation you can indicate that you will be staying in a hotel until you find an alternative if it's obvious that you have sufficient (substantial) funds to afford that type of accommodation for what could be an indefinite period and have an onward destination that is not yet available for you to take up residence. The necessary amount to show for this is not tangible. Such instances would be appropriate where you had an agreed understanding for a rental or purchase but needed some time after your arrival in the UK to finalize the contracts.

In order to meet the maintenance requirements you need a regular income or savings (working is not mandatory). The amount of savings in lieu of an income cashflow is not tangible and would depend on your outgoing expenditure. If you have neither income or savings then it's unlikely the visa will be granted. This would apply to everyone irrespective of whether they are in the UK now or are intending to relocate to the UK after a long absence or, as in your case, never having lived there.

Third party support from friends or family is acceptable; people who can act as a guarantor with regard to financial support. In such cases the benefactor is obliged to show relevant paper work.

brayrobert201
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Posts: 3
Joined: Wed Sep 28, 2011 1:16 pm
Location: Australia

Post by brayrobert201 » Wed Sep 28, 2011 2:28 pm

Lucapooka wrote:For accommodation you can indicate that you will be staying in a hotel until you find an alternative if it's obvious that you have sufficient (substantial) funds to afford that type of accommodation for what could be an indefinite period and have an onward destination that is not yet available for you to take up residence. The necessary amount to show for this is not tangible. Such instances would be appropriate where you had an agreed understanding for a rental or purchase but needed some time after your arrival in the UK to finalize the contracts.

In order to meet the maintenance requirements you need a regular income or savings (working is not mandatory). The amount of savings in lieu of an income cashflow is not tangible and would depend on your outgoing expenditure. If you have neither income or savings then it's unlikely the visa will be granted. This would apply to everyone irrespective of whether they are in the UK now or are intending to relocate to the UK after a long absence or, as in your case, never having lived there.

Third party support from friends or family is acceptable; people who can act as a guarantor with regard to financial support. In such cases the benefactor is obliged to show relevant paper work.
Thank you for the information here.

For accommodation, I have asked a cousin in Wales if he's happy to be our fallback and temporarily official accommodation, so that little bit of security is sorted.

Now to wait for the immigration site to start working again. :roll:

Lucapooka
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Post by Lucapooka » Wed Sep 28, 2011 2:36 pm

Good, but do read up on the exact requirements as you friend in Wales has to provide you with original paperwork detailing the necessary proof his property and it's suitability.

John
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Location: Birmingham, England
United Kingdom

Post by John » Wed Sep 28, 2011 3:40 pm

given that this is obviously designed to stop people from going there and becoming homeless/welfare dependent fairly quickly, is a thick wad of cash an acceptable substitute to arranged accommodation?
For such people what works is this. Simply book an hotel! And book it initially for a couple of weeks, long enough to be able to look around and find suitable accommodation such as a house or flat.

There are clearly other hotel brands available but as an example go to www.travelodge.co.uk and make a booking online, and make that booking a full price booking, which will give you the option of cancelling the booking without any charge at any time up to Noon on the scheduled day of arrival.

And even if the person does turn up on the expected arrival date, they could curtail the stay without penalty, for example to change it from a 14-night booking to only a 4-night booking. Flexibility!
John

Kitty
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Post by Kitty » Fri Sep 30, 2011 11:43 am

What is your wife's nationality?

If she is not actually emigrating permanently until next June, then do bear in mind that applying for a settlement visa now could mean that she fails to meet the requirement to have spent 2 years in the UK when it expires, and needs to apply for further leave to remain before she becomes eligible for indefinite leave.

This may be something you have already considered: I can see that it might be worth aiming to beat any changes to the system brought in next April, but (for example) a March application should have the same effect and allow you to establish yourself here with accommodation, work etc.

She could come in December as a visitor: whether she needs another visa for that will depend on her nationality.

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