Need advice on spouse visa.

[qman383]

AnAmericanInScotland and 2farapart thank you so much for helping me with all of this, it's all very stressful. AAIS you did better than I could ever do explaining all of this, lol. I am holding out hope that the ECO factors in everything and hopefully not just the finances. My wife has really done all she can being there without anyone to help her. I am writing a letter to send with my application and will try to explain things best I can. My 7 year old daughter also wrote a letter to the ECO pleading for them to let Daddy come home, lol. I guess what makes things more stressful is the fact that they are so strict of recent. We have also contacted the MP in the area in which my family is in England with a plea for help. Don't know if it will help but it's worth a shot. Does anyone know how the appeals process works, and how long it can take ? Oh also my wife's job hours have changed and she has a new contract which she sent me, do you think that will help? Thanks again.

[qman383]

Sorry also I forgot to add and I don't know if I'm correct that under the old rules since have been married and living outside of the UK more than 4 years and I have already taken the life in the UK test, would I qualify for ILR ?

[AnAmericanInScotland]

The appeals process can take a while, up to six months to a year if I'm not mistaken. The good thing is that you will fall under the old rules if you decide to appeal a denial, which should make it easier.

As to the success of your application (or appeal if needed), I don't really know.

The ECO has some discretion under the old rules (much less in the new on financials and a couple of other areas); but I do know that (per UKBA publications on their site, use search term: settlement application ECO discretion) under current rules ECOs look at applications according to immigration rules AND Article 8 (private and family life section) and that may make a difference, I don't know. You'll have to wait, and it shouldn't be too much longer as the processing timeline when you applied and submitted documents was fairly short.

You probably do qualify for the KOL REQ endorsement, and may actually get it, too, if your application is approved-however, with your financial situation the discretion the ECO has on that may see you on a probationary visa to see if you can bring the financials up to the old maintenance requirement after you arrive and are able to find employment.

As for submitting your wife's newer employment contract, since you've already submitted the application and your supporting documents, no, you can't add it to the application. Hopefully the new amount brings you into compliance financially? If yes, there's your appeal

Also, the ECO may contact you during this determination process, and you can excitedly say "Oh hey, GREAT news! The wife got a raise!!!"

[2farapart]

You would, except the UKBA have been very reluctant of late to issue spouse visas with the KOL endorsement (take the Knowledge Of Life test and you can then immediatley apply for ILR).

This is being abolished with immediate effect under the new rules, but you could certainly try for it. A couple of people here who met the KOL endorsement criteria weren't awarded it, but after contacting the UKBA had the visas amended. It's not to say everyone will be successful, but you never know!

[qman383]

Thanks again, I guess the good news would be is that I have not sent the documents yet as my wife has just sent them from England. So the new work contract will be in there. I will be sending all documents next week and I will be paying the extra to expedite the Visa processing. I guess I just need to hope and pray that it all goes through. Thanks again, I'm sure I will have more ? Before I mail it next week.

[qman383]

I thought of another question. When they say the amount per week needed, do they specify after Rent and council tax. I am figuring all of my bills together with utilities and food and things like Internet and TV which we don't need to have live if it is just rent and council tax they figure it by I think we will be in good shape. Also I put on my application the amount figured with all bills included such as all the above mentioned, can I correct my application since I know I can't do it online any longer or should I type a letter explaining all of this? Also, my grandfather gifted me 5000 dollars to go away on and this will be added to my account Monday, should I have him write a letter stating the date and amount gifted to me and contact information? Sorry for all of the ?s. I just want to be sure as I am sending this next week and paying for the settlement priority service. Thanks for the help.

[qman383]

Sorry meant to add as well that I will be having the bank authorize my bank statements as well after the deposit is made. Do I need just 3 months of bank statements? Thanks again.

[qman383]

Thanks to all that gave me advice. I have finally sent out my visa application and documents to the consulate in NewYork settlement priority service. Will keep you posted regarding the outcome.

[ddang]

Originally Posted by AnAmericanInScotland

Photos-I did mine at CVS, UKBA took them. Walgreens should be the same.

You have submitted and paid for your application pre-9 July so the current rules apply to your application dated yesterday.

Make sure you note that you have passed the KOL-include the original and a photocopy of the statement of passing the test. I don't know if you will get the immediate ILR or not but I do know that other applicants who qualified for the KOL REQ endorsement did-please note at least two of them had to request a review because their first granted visa came back without the endorsement even though they met the outlined qualifications-on request for review, both applicants were requested to return their visa, which was then cancelled and reissued with the endorsement.

To restate-because your app is submitted and dated as pre-9 July 2012, you are subject to the current rules, not the ones coming into effect on 9 July-as long as you meet the pre-9 July rules you should be ok.

Hi I'm new to all of this but I'm trying to figure out this spouse visa as I'm trying to get over to my husband in the UK. I keep seeing post about ILR what is this? Thanks

[nyclon]

Originally Posted by ddang

Hi I'm new to all of this but I'm trying to figure out this spouse visa as I'm trying to get over to my husband in the UK. I keep seeing post about ILR what is this? Thanks

Indefinite Leave to Remain. After you have lived in the UK on a spouse visa for 2 years if you applied for a spouse visa before 9 July or 5 years if you apply after that date, you then apply for ILR.