Just getting ready to send documents my wife to make her spouse visa app

[patrickm1978]

My situation is this I live here in north Ireland I work as a social care worker with special needs adults.
I live with my mother and father how are both at pension age also I have a sister at home she has special needs my parents home is large and they are fully supportive of myself and my wife they says we can live here forever
I give my mother ad father some money every month to help with the costs of food the phone bill and the sky tv and Internet all bills are in there name as are the deeds for the house.
My basic salary before any overtime and after tax is 1400 pounds per month I have some saving around 5000 in the credit union .
I have no debts and money steady going into my bank account my wife has no job and the only income she gets is the money I send to her every month mostly money grams
I send her different amounts every month sometimes 10.000 pesos up to 23.00 peso per month myself and my wife have kept all the money gram receipts as proof . Last year before we married in San Fernando Cebu rotsen sent a visit visa application but it was refused the reason they says my wife does not work and never has appeared to work and she has no social or economical ties to the uk
Please guys any advise you can give me would be great salamat po

[joebloggs]

does the house have at least 3 bedrooms ?
if so, you just need evidence they own the house and it will not be over crowded with your wife living there and a letter of support for your wife stating you both can live there from your parents;

the money in the credit union can you get instant access to it ? are any of your most recent 3-6 banks statements overdrawn?

it doesn't matter if your wife has no job or savings as you need to prove you can support her without recourse to public funds, as your the one sponsoring her. (thou if she had money i'm sure that would help)

[juvyjones28]

Hi there Patrick :Wave:

We're the same my husband is also preparing his documents to send to me this week. We are also applying for spouse visa.

In your case I don't see any problem why your wife can't apply for spouse visa, given she meet all requirements set by UKBA's immigration rules.

All visa applications will be base on its own merits and previous refusal won't affect her future visa application. Basically Tourist visa is different from spouse visa, on tourist visa she would need to show evidence of ties in the Philippines and convince the ECO that she would return at the end of her propose visit, Those reasons could be permanent job, businesses, properties, studies and the like.

Anyway, being unemployed won't affect her spouse visa application as the ECO will look at your circumstances in the UK whether you can support her without the needs of public funds . I would say your income and savings looks pretty good, given you have some disposable money left each week after paying everything. They don't really care if your wife has a job, business or savings in the Philippines as they are more concern about your status in the UK. But if your wife has properties or some savings, I suppose It won't hurt to show any. It will be plus with her supporting documents. I am also unemployed but I have some savings I will show when I lodge my visa app.

Regarding your accommodation, I would guess your parents own the house? If so, They can write a letter confirming that she is OKAY to live there, also must contain details of the house and rooms available for her.

I hope this helps and I'm sure other members will give their professional advice. :xxgrinning--00xx3:

Please take time to read this thread, you might find it helpful.

http://filipinaroses.com/showthread.php/26857-Applying-for-a-Fiance-or-Spouse-Visa-A-quick-guide

Goodluck with your wife's upcoming visa application. :D

[patrickm1978]

The house has 4 bedrooms 2 living rooms 3 bathrooms and the money I have saved I have in the credit union I can lift at any time
My mum works and is getting state pension and my father does not work anymore he is getting state pension would they be able to co sponsor or would there pension affect them sponsoring as it would be a public fund
I get dla as I have epilepsy but next month I will cancel my dla so it don't affect the visa app
Besides I don't need the funds from dla as my wage is ok

[joebloggs]

should be no problem with accommodation then.

mention in your letter of support that you have instant access to the credit union money, as the embassy like to see money that you can get instantly and not money that's tied up for 60 or 90 days savings accounts or shares which would have to be sold.

co-sponsor her finances ? from what you've said you should need your parents support for finances, but accommodation would be a good idea :xxgrinning--00xx3:


anyway a pension is not classed as public funds they are entitled to it, they worked for it :xxgrinning--00xx3: not all benefits are public funds anyway.



effect

[jayzel]

hello patrick hope it goes well for you,,im pretty close to you im from antrim all the best jay

[patrickm1978]

hi there are nice to hear from you did you have any issues getting your visa to come here to north ireland my wife rotsen she lives in san fernando cebu we made a application before we were married for her to come here on a visit visa but it was refused
as the eco says she had no social or economical ties to the uk
since i then i have been sending my wife money grams every month to support her there so she no has ties to the uk
i live with my parents and they own there own large house and they are fully supportive and says we can live there rent free when rotsen get her spouse visa i am just waiting some more documents before i send away everything over to cebu then she will have to make an appointment at vfs makati this time i hope and prey my gwapa wife can going me
if you every want to chat heres my yahoo paddymcauley1978@yahoo.com
it will be nice to meet more people from the phills so my wife has some people to talk to when she arrives
how do you find it here in north ireland
i plan to be back in cebu this april to take my wife to coron palawan i am so excited to be with my beautiful wife again

[Terpe]

Patrick,

Sorry Patrick but this is probably going to be a long post. Hope you have the desire to read it. And I sincerely hope there will be something to help you.

Regarding financial status

The ECO needs to see evidence that you can maintain yourselves and any dependants adequately without needing public funds.
The Evidence of maintenance page describes the documents that you should submit to prove that you meet this requirement.

There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.

Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)

Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.

In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.

In many ways it's a bit of a myth that you absolutely must show plenty of savings. Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Spouse Visa process would advise on having savings.
It clearly costs quite a bit to cover the costs of Visa Application, Air fares, and supporting someone in settlement in UK. It would be reasonable to expect something like £2000 in the form of savings.

Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.

Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.

Maintenance may be provided by either:-

The applicant with their own funds or with funds available to them; Or
The sponsor; or
A combination of applicant and sponsor funds; or
Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating to a spouse.

The Visa application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering a bare minimum of at least 3 months (preferably 6 months)
Salary slips for at least the previous 3 months.(preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60
can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.

If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable employment prospects.

If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as
you can about the transactions.


Regarding Evidence of your accommodation

The Rules require that there must be adequate accommodation for a spouse or civil partner and any dependants.
The ECO will be looking for evidence that the accommodation complies with the following requirements:-

- It is (or will be) owned or legally occupied for the exclusive use of the couple.
- It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
- That housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
- That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.

Accommodation (Home Owners)
If the sponsor (or co-sponsor) owns his home, he should include a certified copy of the deed showing this, or other proof of ownership.
If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided,(this is available online for a fee), or a letter from the building society.The mortgage payments should appear in the bank statements.

Accommodation (Rented)
If the sponsor rents a flat or house, a copy of the tenancy agreement should be provided.
If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided confirming both the size of the property and agreement that an additional occupant may take up residence there.
If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord/agent showing intent to renew at the same terms should be provided.

If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.

Accommodation (Shared with others and co-sponsors offering accommodation)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for renters should be provided. Additionally, the applicant and sponsor need to show that they have exclusive access to a bedroom that will be occupied solely by them.
A bedroom may be a family room or study which has been converted for exclusive access (kitchens, bathrooms, and utility rooms do not qualify). Account is taken only of rooms with a floor area larger than 50 square feet(4.65 square meters).

Accommodation Overcrowding
There are statutory definitions of overcrowding in residential housing contained in the Housing Act 1985.
A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
The Housing Act also details the maximum number of people allowed for a given number of rooms.

Number
of
Rooms................Permitted number of persons

1.......................................2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10

Each additional room in excess of 5 = An additional 2 people
A child under one does not count as a person.
A child aged 1-10 years counts as only half a person.


Also please don't forget one other important aspect of the application IMO

Although not strictly necessary as a sponsor write a really good letter to the Embassy supporting your application.
Outline how and where you met, how long you have been together, how you have maintained contact, important events and meetings between yourselves, the date and location of your marriage and the date and location of your marriage and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
You may also briefly outline how you will support yourselves.
Keep it simple and above all be honest about everything.

Finally, if there are exceptional circumstances about the application, anything complicated or unusual about your application or if the sponsor is seeking a concession, it should be thoroughly explained here.

I hope this helps you, but please ask any further questions you need. This is a very important step for you both.

[Terpe]

................we made a application before we were married for her to come here on a visit visa but it was refused
as the eco says she had no social or economical ties to the uk...............

Are you sure this is correct?? Normally any refusal would be based on the fact of no social or economical ties to the Philippines. In other words the ECO doubted she would return.

Anyway Patrick, previous visit visa refusal will have no impact on her settlement visa. So don't be concerned about that