Questions related to spousal visa please help!!!!

[aiden]

Hello Guys.

Need some advice and hope someone can kindly shed some light on these questions for me.
As Im still living in the Philippines pretty soon I will return to the UK and hopefully find myself a permanent job and then I can start the process of bringing over my wife and kids.
QUESTION 1 - PAYSLIPS
How many payslips do I need to show when applying for a spousal visa? 3 or 6 months? Will 3 months be okay if I have some savings of about 3thousand pounds?
QUESTION 2 – HOUSING
When my finding a rented house what is considered sufficient for my family? I don’t want to be refused on the grounds that my house is too small.
Just to give you an idea who will be living in the house.
MYSELF
WIFE
2 X BIOLOGICAL KIDS (DUAL NATIONALS BRITS AND FILIPPINO) THEY WILL STAY WITH MY WIFE IN THE PHILS
2 STEP CHILDREN
TOTAL PEOPLE OF 6.
Please Give me some advice on this one.
Many thanks
Aiden

[imagine]

Hi aiden, 6 months wage slips and 6 months bank statements are the norm,though it has been know that 3 months have been used, but i think its chancing it,6 months is better, no overdrawn statements, a letter from employer to say it is a permanent position, housing , im taking a guess at this, 2 of children same sex to 1 bedroom ,im not sure but i think if under a certain age 2 children of opposite sex can share 1 bedroom,but i dont know the age limit, you may be able to research legal side of this,
if im wrong maybe someone here can advise better, good luck to you:xxgrinning--00xx3:

[Terpe]

Hi Aiden
Accommodation
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........ Permitted number of persons
of
Rooms
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 at all.
Children aged 1-10 years counts as only half a person.

A bedroom may be a family room/living room or study which has been converted.

If you rent a flat or house, you will need to provide a copy of the tenancy agreement with the visa application.
If your wife 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 all additional occupants may take up residence there.
When you make visa application the tenancy agreement should have at least six months remaining before expiry. If not, you will need an additional statement from the landlord/agent showing intent to renew at the same terms.

For pay slips and bank statements the UKBA do not specify exactly how many months you must supply, they only mention 'at least 3 months'. They also state that it's for the applicant and sponsor to decide how best to comply with the requirement to prove sufficient maintenance.
Aiden with the position you will be in, it's a real tough call. If you can find a reasonable well paid job and convince the employer to write a supporting letter stating it's a permanent job, and the application is pretty sound, I would be tempted to stick with 3 months pay-slips and 3 months bank statements. I personally feel it will be OK. But it has to be your decision.

[imagine]

nice one terpe, clear and informative :xxgrinning--00xx3:

[Terpe]

nice one terpe, clear and informative :xxgrinning--00xx3:

Thanks Imagine :xxgrinning--00xx3:
Although it's probably because I was cooking a roast lamb dinner and did't have my usual quota of Fosters and Chef's delight a la Keith Floyd :D

[aiden]

Hey Terpe.

I appreciate your efficient and very informative reply.

I couldnt find this information anyway.
I have all daughters mate so I guess around 3-4 bedroom house will be okay.

I have a another question for you if you dont mind. In your personal view in order to sponsor 3 people (wife, 2 x step kids), plus my biological kids will be with us of couse.

How much salary is sufficient to show to the Embassy?

Many thanks
Aiden

[Terpe]

...........How much salary is sufficient to show to the Embassy?

Many thanks
Aiden

Aiden,
It's not so much about gross salary.

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 funding 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 secured loans etc)
Just as we all have different levels of salary, everyone also has different levels of non-discretionary expenditure. (eg payments of Child Support would also be considered a non-discretionary expenditure)
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'.
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 - amounts for UK tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for each dependent child.

Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Fiance(e) Visa process would advise on also having some savings. It clearly costs quite a bit to cover the costs of Visa Applications, Air fares and supporting settlement in UK. The actual amount of savings should ideally be enough to cover those costs and also to cater for any emergencies.
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 other consumers joining the household, this should be immediately obvious.

Generally only those people with a salary level that regularly leaves them at a discretionary income 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 to maintain other consumers in the house.

Hope this answers some of your concerns.
At least you can actually start to make some principle calculations.

[aiden]

Aiden,
It's not so much about gross salary.

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 funding 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 secured loans etc)
Just as we all have different levels of salary, everyone also has different levels of non-discretionary expenditure. (eg payments of Child Support would also be considered a non-discretionary expenditure)
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'.
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 - amounts for UK tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for each dependent child.

Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Fiance(e) Visa process would advise on also having some savings. It clearly costs quite a bit to cover the costs of Visa Applications, Air fares and supporting settlement in UK. The actual amount of savings should ideally be enough to cover those costs and also to cater for any emergencies.
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 other consumers joining the household, this should be immediately obvious.

Generally only those people with a salary level that regularly leaves them at a discretionary income 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 to maintain other consumers in the house.

Hope this answers some of your concerns.
At least you can actually start to make some principle calculations.

****
Hello Again Terpe
Aiden here. I found the information you provided very very informative.
Please may I kindly ask your opinion about my case. I am aware that the application really depends on the guidelines and evidence but would just like to know your idea.
With reference to your above email I did some calculations and would like to know if the income I have is sufficient.
When I return to the UK I can get a job where I can receive a after tax salary of
NET PAY £1,285.00 (AFTER TAX)
• amounts for UK tax year 2011/2012 are £105.95 per week for a couple = x4 weeks £424.00 per month (MY WIFE AND I MONTHLY EXPENSES)
• and £62.33 pounds per week for each dependent child = So I have 4 children (2 step children and 2 dual national children with british passports). £62.33 X 4 = 249.32 X 4 = £997.28.
• PROPERY RENTAL = CHEAP HOUSE MONTHLY RENTAL 3 BEDROOMS = £250.00 PER MONTH
• COUNCIL TAX £110.00
• ELECTRIC / GAS / WATER £100.00

SAVINGS CURRENTLY IN THE BANK = £5,000 GBP.

Now Terpe Im really hoping to get a better paid position and keeping my fingers crossed for a good paid position.

I really want to go back to the UK but now all this is stopping me from going ahead of my plans.
My minds not working at all now and I need some advice on what you think mate?

Please kindly give me some suggestions or ideas on what I can do?
Is it possible for me to use a co-sponsor in order to meet the income requirements and so on like a family member? For Instance can I use my uncles, father, mother and ask them to sponsor my family too in order to meet the financial requirement.
Please can you kindly give me your advice.

many thanks and looking forward to your reply.
Aiden

[Terpe]

Aiden,
Sorry my late reply.

Financially, the UKBA are interested in your non-disrectionary expenditure. Means Mortgage/Rent/Property Secured Loans/Council Tax
They are not interested in any discretionary expenditure. EG you make by choice ( ie food clothes phone gas water leccy internet etc)

£250 per month rental for 3-bed house is going to be a big ask to fulfil, certainly in our area. If you can do it great. But please reconsider this.

If you have some family able to help with accommodation or even financial that will be a big help for you.

UKBA say:-
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 Spouses.

Solely from the basic information you have projected, the financial side is marginal.

The ECO will need to feel comfortable with the 'complete application' and not just one or two elements.

Aiden, you may find significant benefit in seeking specialist immigration advise to help with your overall strategy, presentation and/or application.

There's a number of reasons why I suggest this:-
Your particular case is multi-faceted, and not the usual very straightfroward case.
You may be entitled (in your name) to claim some benefits such as child benefit, Child tax credits etc.
Your wife will be allowed to work as soon as she enters UK (may help financially)
If you and your wife have completed 4 years living together outside of UK then she may well be granted Indefinitie Leave to Enter. This means that she will not need to complete the two years probationary leave in this category before applying for indefinite leave. Rather she can apply for ILR immediately following her Life in UK Test. This in itself can ease the financial requirements as your wife would then be entitled to claim benefits as well.
Two of your children are British passport holders and as such do not need to apply for entry visa. It's quite possible that they could enter the UK with you.
Depending on your arrangements when you and the two children arrive to UK, there could be some ways to ease the 'financial test' when your wife makes visa application.
There are a number of recently reported judicial decisions (case law) that may be helpful for you.
The immigration specialist may have some ideas for you about this.

I hope I'm not making it sound overly complicated. It's certainly not my intention.
For all these reasons (and possibly a few other special personal circumstances) I'm confident that with good specialist advice and a number of potential caselaw examples you maymay be able to put it all together.

Finally, I have no ideas how immigration rules may change in the future, but I suspect that your case would not be any easier.

Hope this gives you more food for thought.

[aiden]

Hello Terpe.
Im sorry for my late response.
First of all thanks so much for your effort .
Im seeing the bigger picture now.
Actually My wife and I will be living together 4 years in June 2012 (1 year as unmarried couple, and 3 years as married). I have all the evidence to prove that too such as tenancy agreements, photos with dates, a permanent residency in the Phils, entry stamp and so on.
Do I qualify for this visa if we have been only married for three years or does it need to be 4 years.
In order for me to file this kind of visa do i need to return to the UK after my 4 years or can I apply directly from here?
Please give me an idea on that one.
According to Damien Greens speech they may get rid of that rule if the proposals go in place in April next year. Try and give me links or some info related to documents and so on.
If I can apply without returning then thats awesome.
If I do decide to go through the spousal visa then ill really consider about staying with family but will this not affect my application?
Also just to give you as idea too, Yes I can live with parents or grandparents rent free with enough room for all of us. With a family my size think I need about 3 bedrooms. My parents have a 4 bedroom house with an attic with only my parents and youngest brother living with them so the house has lots or room.
Also I can get a co-sponsor who can financially assist me and guarantee that I wont claim benefits such as Uncles, friends and so on. Cant use my parents as sponsors because they’re retired.
Im defo taking your advice about using an immigration specialist. Whats the difference between an immigration lawyer and immigration specialist.
Also any suggestions on who I can use in the Manchester/ Lancashire area?
Thanks again and looking forward to your reply. Where your family from in the Philippines?
Aiden

[aiden]

Hello Terpe.

did you receive the message above? Not sure if you did.

Aiden

[Terpe]

Hi Aiden,
Sorry, I missed this post somehow.
Anyway here are some links in connection with eligibity for Indefinitie Leave to Enter.

When reading the detail of the rules etc it does state 4 years married or civil partnership. In your case it may well be worth an e-mail to UKBA seeking further detailed clarification

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/how-long

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/spouses_civil_partners

http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set3


Aiden, it's not you who will file any application, it's for your wife to do that and she will do that from Philippines. In principle your location is not important.

In connection with co-sponsors please do review the UKBA website, they will need to supply key documents such as ID and bank statements etc.


Concerning the use of Immigration Advice please review this link for The Office of the Immigration Services Commissioner (OISC):-
http://oisc.homeoffice.gov.uk/how_to_become_an_immigration_adviser/what_is_immigration_advice

Hope this helps

[aiden]

Hey Terpe
Thanks for the Links.


Aiden, it's not you who will file any application, it's for your wife to do that and she will do that from Philippines. In principle your location is not important.

Yes Im aware of this. But Im thinking of using a visa specialist as you mentioned in the UK to prepare and check all our documents. Once ive got all the documents ill send them over to my wife in the Philippines for her to review and add anymore supporting documents that she feels could support the application.

Is there any problem in me using a visa specialist in the uk to consult, check and review my documents?

Looking forward to your reply.
Aiden

[Terpe]

....Is there any problem in me using a visa specialist in the uk to consult, check and review my documents?

Looking forward to your reply.
Aiden

No problems at all mate. :xxgrinning--00xx3:
Good luck whichever route you decide.

[aiden]

Hello again Terpe.

I have another question for you mate.
Sorry to bombard with you questions all the time but just need some clarification plus your answers seem to interpret the info. on the UKBA site on a much easier level lol.

If I dont meet the maintenance requirement by myself as the sponsor of my wife and dependant children, I mean INCOME and not accomodation.

For example if im suppose to have £1,500 per month (income support levels) but im only earning £1100 per month, this means im down £300, May I use a co-sponsor to support me to promise support for that amount? What do you think Terpe?

Ill be living with my parents so I wont need to pay rent, just pay towards Bills (electric, gas, water).

I also had a look at the ILR, we are eligible for it but my wife needs to enter the UK as a visitor first and complete the Life in the UK test then re-apply for the spouse visa. Its just easier to apply for spousal visa. When we apply for the spousal visa the ECO may well stamp an endorsement that after taking the LIFE in the UK test my wife is eligible to apply for ILR before the 27 month spousal visa expiry.

Kindly tell me what you think.
Thanks again mate.

[aiden]

ACCOMODATION

I need some further clarifications.
I intend to stay with my parents where they have 4 bedrooms.

MY parents have one room for them.
The other 3 rooms are for our exclusive use. Me and wife, 4 kids / by 2 rooms. (2 kids per room).

What kind of documents do i need. Please can you check this list and advise me if i need to show something more.

MY parents own the property.

Deed of house
Parents written permission that my wife and i can live there.
Pictures of house and bedrooms.
I can also get a survery report from a registered property surveyor that by my family moving in it will not cause any overcrowding.
Do i need to provide any other details such as my parents council tax, bills or something like that?
I think my parents may receive some discount on their council tax?
Is council tax documents necessary in this kind of situation?

Thanks

[Terpe]

Hello again Terpe.

I have another question for you mate.
Sorry to bombard with you questions all the time but just need some clarification plus your answers seem to interpret the info. on the UKBA site on a much easier level lol.

If I dont meet the maintenance requirement by myself as the sponsor of my wife and dependant children, I mean INCOME and not accomodation.

For example if im suppose to have £1,500 per month (income support levels) but im only earning £1100 per month, this means im down £300, May I use a co-sponsor to support me to promise support for that amount? What do you think Terpe?

Ill be living with my parents so I wont need to pay rent, just pay towards Bills (electric, gas, water).

I also had a look at the ILR, we are eligible for it but my wife needs to enter the UK as a visitor first and complete the Life in the UK test then re-apply for the spouse visa. Its just easier to apply for spousal visa. When we apply for the spousal visa the ECO may well stamp an endorsement that after taking the LIFE in the UK test my wife is eligible to apply for ILR before the 27 month spousal visa expiry.

Kindly tell me what you think.
Thanks again mate.

Aiden,

The ECO will need to verify and assess an offer of third party support in order to determine if it satisfies requirements of adequate maintainance in the UK without recourse to public funds.
On balance it's better to supply evidence (e.g. letters of support and original bank statements over at least three months) of the third party’s assets and capabilities.
You also need to supply copies of the passport photo page of your parents.

Here's what UKBA state:-

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 (see below).


A couple or other applicant who is / are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple / applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he / she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets.
I can't comment on the numbers etc. That's why I suggested an immigration advisor could help. You are entitled to claim some benefits such as child benefits etc and this can help you financially. An immigration adbisor can help you formulate the best strategy taking all aspects of your personal circumstances.

Living with your parents is part of the strategy and is a great start.

[Terpe]

ACCOMODATION

I need some further clarifications.
I intend to stay with my parents where they have 4 bedrooms.

MY parents have one room for them.
The other 3 rooms are for our exclusive use. Me and wife, 4 kids / by 2 rooms. (2 kids per room).

What kind of documents do i need. Please can you check this list and advise me if i need to show something more.

MY parents own the property.

Deed of house
Parents written permission that my wife and i can live there.
Pictures of house and bedrooms.
I can also get a survery report from a registered property surveyor that by my family moving in it will not cause any overcrowding.
Do i need to provide any other details such as my parents council tax, bills or something like that?
I think my parents may receive some discount on their council tax?
Is council tax documents necessary in this kind of situation?

Thanks

If your parents own their home, they should include a certified copy of the deed showing this, or other proof of ownership.
If it's under a mortgage, the appropriate entry from the Land Registry should be supplied, (this is available online for a fee), or a letter from the
building society.The mortgage payments should appear in their bank statements.


You will also need to show that you and your family have exclusive access to bedroom(s) that will be occupied solely by you.
A bedroom can be family room or study that has been converted. But, kitchens, bathrooms, and utility rooms etc will qualify.
The UKBA only take account of suitable rooms with a floor area larger than 50 square feet (4.65 square meters). Which is actually quite small really.

You don't need to supply any specific survey, but photos and or floor plans would be ideal.
It's always a good idea to include additional proof of ID and address such as a recent utility bill.
Generally there's no need to include details of council tax or bills.

Have your parents write a good letter of support.

[aiden]

Hey Terpe.

Thanks for the details regarding income and accomodation.

I was just worried regarding accomodation that my parents need to provide bank statements regarding their income and so on.

But just to confirm my parents own their own home so just need to provide the info. above as what you have said.

yes I agree. I will live with my parents for a few months. After my family are little bit settled in ill look for a house and then move out. See what happens eh!

What you think?

Terpe Im so confused. You said Im entitled to benefits. I though if im in receipt of benefits then this could damage my application right?

My 2 bio children are british so if they claim benefit will this not damage my wifes application?

[Terpe]

...Terpe Im so confused. You said Im entitled to benefits. I though if im in receipt of benefits then this could damage my application right?

My 2 bio children are british so if they claim benefit will this not damage my wifes application?

Aiden, please take a look at this recent thread, it will answer all your questions and concerns about benefits etc. Also some good links:-
http://filipinaroses.com/showthread.php/32135-question-about-child-benefits....?highlight=benefits

[aiden]

Hey Terpe. Thanks alot for that link buddy.

Ive been browsing threads but never came across that one. Guess I must've missed it.

Terpe I have another question, dont kill me lol.

I perfectly understand the thread and the situation. It talks more about after receiving the spouse visa.. bla bla and after arriving in the uk what people can claims.
**
What poisition would that put me in when my wife submits her spousal visa for her and two step kids. ( 3 applications) At this stage do I need to show support for only three or also my two bio kids who already have british passports?

Of course the ECO will ask who will live in the house so i will state myself, wife, 2 step kids, and bio kids.

In this case does the ECO still include the maintenance of the bio children or not or will he think in the back of his mind that oh theyre british so they should be able to claim child benefit?

When submitting an application do i need to show that ill have enough money to support my bio children too, even if im not applying for their visa?

What if I show that my parents support my bio kids fiancially or something like that?

Still a sketchy area for me.

Im so nervous because Im still in the Philippines. Its like a big gamble going back to the UK. I have an if in my mind that what if i dont meet the requirement ill have to come back to the Philippines and start all over again. !!

[Terpe]

Aiden,
Just for the record and clarity, child benefits etc are there for ALL children. No matter if bio or stepchildren.

As you rightly say, you are still in the Philippines. At this time you have no employment and no UK income. Everthing is up in the air, and as you said still sketchy.You really need to begin development of a couple of strategies and, as I've mentioned, I believe some discussion with a good immigration advisor could help you to think about the issues.

From all the preceding discussion it's clear that you have opportunities for accommodation. But you have no employment and no income. You know how much income is needed as the minimum and you know the benefits you could claim for children. I don't know if it's possible for your parents to be financial co-sponsors or not, but if that was needed they would have to submit proof of sufficient income with bank statements etc.
Now, just for example, if you and your bio british passport children were in UK, living in your parents house and you had reasonable employment and income plus child benefits and tax credits etc then you would have a good chance that you wife and stepchildren could make the visa, even stronger case if she could have a job offer.

Aiden, the more marginal your financial standing the higher the risk, there's no getting away from that.
Once you are in UK with your children there are other elements that could come into play that would be in your favour. Only an immigration advisor can help out with all this juggling of facts etc.

To be frank, you do need to try and secure an income that will satisfy the ECO. Anything marginal will invoke detailed review and a higher risk.

As you know, there may be changes next April 2012. Who knows. That puts time pressures on you.

If you really want to get your family out of Phils for whatever reasons, had you considered living and working in non-UK Europe?

[aiden]

Hey Terpe

thanks for the reply.
Okay I understand now what you mean.

As for living in Europe I have no intention of doing that. UK Is my home and that is where I need to be.
Do you know if I can speak to an Immigration Advisor at the Citizens Advice Bureau?
As for work I have several work lined up one with my previous company, and several in factory work. Also I have had some offers from friends where they recommended me for work in their company.

Wage is around £1,100 per month. So of course ill have to take up two jobs. Once in the UK ill look for some weekend job such as a coffee shop, Argos etc etc. Anything I can get my hands on. OF course they need to give me a wage slip, deduct tax and pay the wage into my bank account.

Terpe I have multiple strategies worked out and I would like to share them with you and tell me what you think. Please be patient with me. I would just like to take it all of my chest so I can get some opinions and suggestions.

I have a co-sponsor my cousin he is working full time, hes single and in no debts. Hes willing to be my co-sponsor and support us should we get in any financial trouble. So that’s THAT.

So as you know for instance if im making £1,500 per month after tax its still marginal for myself, wife and 4 kids. (my wife and I = £424 4 kids £992 = total £1,416) these are the basic income support levels.

Now as you can see this is not including rent and so on because I will be living with my parents for free. They don’t have a mortgage so no need to pay rent and my parents are more than happy to keep me and my family rent free. Just need to pay some utility costs and that’s all.

Also my Uncle owns an underwear factory and he has offered to help and employ my wife as an office worker. 25 hours per week, paying £6.50 per hour so total monthly income is about £652.00 gross. My uncle is willing to submit an offer letter. My wife is a graduate and can speak a good command of English which my uncle specifically stressed to me that he needs someone with good english. This position is also verifiable if the eco wanted they may ring or contact my uncle in regards to this position and the management can verify this position.

“even stronger case if she could have a job offer.”

Question for you Terpe.
In this situation where I don’t meet the maintenance and my wife has a verifiable job offer could this make our case stronger or not? What other evidences will be need to verify this job offer?

When my wife works we wont need any baby sitters as my parents are willing to do all this for us. Plus my wife will only work part time. Do you think if it’s a full time position its even better?

please give me your opinions whether this case looks strong or not ? Do i need to do more?

[aiden]

Hey Terpe

One more point i forgot to mention.

Its difficult to take my bio children to the UK with me. Theyre still minors (under 3) AND theres no way they will be separated from their mum.

[lastlid]

Do you know if I can speak to an Immigration Advisor at the Citizens Advice Bureau?
I used the Citizens Advice Bureau for a different, but equally important matter, recently (nothing to do with visas and immigration) and they were so very slow that using them was impracticable. The problem is that they are all too overloaded with cases.

[Terpe]

......please give me your opinions whether this case looks strong or not ? Do i need to do more?

Hi Aiden,
The case you describe looks OK and is probably the best you could hope for.
You in full time employment
Your wife with Firm job offer.
Accommodation sorted.

There's not much more you can do other than just make sure your numbers add up and that the ECO cannot find good reason to refuse. As long as the numbers add up you will be OK

It's a much better plan now, and you know just what you need to accomplish.
Keep reading the forum for ideas on potential improvements to the plan.
Good luck mate. :xxgrinning--00xx3:

[joebloggs]

I used the Citizens Advice Bureau for a different, but equally important matter, recently (nothing to do with visas and immigration) and they were so very slow that using them was impracticable. The problem is that they are all too overloaded with cases.

cab will probably be a waste of time as there is little chance they will know anything about immigration law.

might be better trying your local law centre which might have a solicitor who knows immigration law.

[aiden]

Hi Aiden,
The case you describe looks OK and is probably the best you could hope for.
You in full time employment
Your wife with Firm job offer.
Accommodation sorted.



There's not much more you can do other than just make sure your numbers add up and that the ECO cannot find good reason to refuse. As long as the numbers add up you will be OK

It's a much better plan now, and you know just what you need to accomplish.
Keep reading the forum for ideas on potential improvements to the plan.
Good luck mate. :xxgrinning--00xx3:


Hello Terpe

Thanks so much for your opinion.

Yes I will keep on reading. Ill just hope that I can get a good paid job. I wont sleep till i get that kind of job.

Please wish me the best of luck.

[aiden]

Hello Terpe Matey.

I have another question.
Sorry these things just keep popping up in my mind.

P60 ISSUE

Terpe
When I get to the UK and find a job. I get made a permanent employee after 3 - 6 months (fingers crossed). After a total of six months I have 6 payslips and at that point in time My wife and I lodge the spouse visa at the VFS. At that time I have only been working for a total of six months.

Questions
Is it still possible to get a P60 at this time or do I have to wait for a total of 12 months to get it?

Now theres no way I would want to wait for 12 months to get a P60 and then file a visa. Ill miss my kids so much.

[Terpe]

...........P60 ISSUE

Terpe
When I get to the UK and find a job. I get made a permanent employee after 3 - 6 months (fingers crossed). After a total of six months I have 6 payslips and at that point in time My wife and I lodge the spouse visa at the VFS. At that time I have only been working for a total of six months.

Questions
Is it still possible to get a P60 at this time or do I have to wait for a total of 12 months to get it?

Now theres no way I would want to wait for 12 months to get a P60 and then file a visa. Ill miss my kids so much.

Aiden, Don't get too hung up on specific document details at this time. Especially P60
UKBA do not specifically state P60 as a must have document that is required. There are a number of ways to provide the same information. (eg Payslips and letter from employer)

Anyway, you will only get a P60 from an employer if you are employed by them at the end of the tax year (5th April)
The P60 is issued to the employee during the following April or May.

If you are not employed by anyone at the end of the tax year you will generally not get a P60, but you will have a P45 which will give tax and pay details up to your last working pay day.

[aiden]

Terpe

I got it mate.

Terpe if my wife and kids application is successful ill buy buy you the most expensive dinner in London.

Aiden

[Terpe]

Terpe

I got it mate.

Terpe if my wife and kids application is successful ill buy buy you the most expensive dinner in London.

Aiden

It'll all come good Aiden, you'll see. Your plan is OK.
No need for dinner mate, just share your experiences.
My happiness is very simple. :Beer:

[joebloggs]

PROPERY RENTAL = CHEAP HOUSE MONTHLY RENTAL 3 BEDROOMS = £250.00 PER MONTH


sorry just read thru your post..

£250 a month :yikes: i doubt even in the slums of liverpool :D, you could rent a 3 bed house for that, the council house i rent is a lot more than that.

if your parents are willing to provide 3rd party financial support and provide you with accommondation, it should not do you any harm :D

if you've 5k in the bank that will help, does your wife work, is she skilled ?

[aiden]

Hey Joe thanks for your reply.

"if your parents are willing to provide 3rd party financial support and provide you with accommondation, it should not do you any harm "

My parents will only provide me with accomodation because my parents house is paid off and they have no mortgage. Plus they have a 4 bedroom house with only them living there. They are willing to help me out and also look after my little ones while my wife and I are at work. Third party support will be from another family member like an uncle or auntie. My parents cant give me financial support because my father is not working because he suffered from a heart attack recently and my mother works part time. I can get my uncle to give me third party support as hes loaded and an accountant.

My wife is still in the Philippines and she used to work. But since ive been in the Philippines she aint worked. Shes a graduate and used to work and specialise in insurance. She is skilled, professional, excellent command of english and with experience in insurance and sales.
I dont know if you read my other posts by im hoping to get my wife a firm job offer from a family member. My uncles is an accountant and a magistrates judge with a respectable standing in the community hes from.

hes had his own accountancy and tax consultancy firm for more than 30 years and just to help me out he said hes looking for someone to do adminstration, reception work for 25-30 hours a week with minimum wage.

HE wants to interview my wife over skype and if hes happy he can offer a position to her as long as shes legally allowed to work. ( meaning after she gets her national insurance permit.)

This position can be verified by the eco if they want by calling and communication with my uncle by phone , email or fax.

Based on this information be earning about £1200 - £1300 per month and plus wife earning about say £ 600 per month thats about £2,000 per month im pretty sure we can manage without recourse to public funds for a family of husband, wife and four children)

What do you think Joe please share experiences and opinions with me mate.

thanks
AIden

[joebloggs]

sounds like you've got pretty much every covered :xxgrinning--00xx3:
might be useful to do a simple spreadsheet of your in comings/out goings each month, the job offer would help alot.
and

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 prospects. Note however, that this is generally the weakest form of evidence. but like the Tesco slogan 'every little helps' :xxgrinning--00xx3:, it cannot do no harm.

[aiden]

THIRD PARTY SUPPORT IN CASES WHERE YOURE SPONSORING WIFE WITH HER DEPENDANT CHILDREN

Hello Guys
I was just browsing the internet looking for something information where I came across this link.

Terpe and the other guys have a read through it and tell me what you think.

http://www.bailii.org/ew/cases/EWCA/Civ/2008/1082.html

My question is that if I’m sponsoring my wife and my 2 step children to come to the UK. And I use my parent’s accommodation as a place to stay will this not go against me?

Is it allowed for me, my wife and my wife’s children to stay at my parents if I’m sponsoring them?

I’m getting the impression that co-sponsorship (3rd party support) and living with family is only allowed if you’re sponsoring your wife only.

I’m a little confused about third party support.

I f I don’t meet the necessary maintenance and accommodation requirements by myself and I’m sponsoring my wife and my 2 step kids in this case can I live with my parents as stated earlier in this post and can I use 3rd party support and co-sponsorship?

[Terpe]

Hi Aiden,
You have all the information you need within this thread.

UKBA say:-
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 Spouses.

Living with parents is a common element of many visa applications without issue.

Just playing 'devils advocate' here Aiden, but which part(s) of the appeal(s) you linked do you believe are in any way relevant to your circumstances?
In all of those cases what were the reasons for refusal(s)?

Sorry but I can't see any similarities to you and your planned position.

[aiden]

Hey Terpe
Youre right mate. Just so full of if’s and worries.
TOPIC 1
Terpe I have some questions about Maintenance.
When I get to the UK and once I start working Ill send my family monthly maintenence of about £300-400 per month to support my wife and children.
This will reflect on the bank statements that Im withdrawing that amount every month to send to my wife. In this case will a letter explaining where the money is going sufficient or not?
Of course when I get to the UK that money will no longer be sent to the Philippines as my family will already be here.
Please tell me what I should do in this case?
Or is it better to leave my money untouched and borrow money from family/parents and then send to the Mrs/kids in the Philippines?
Please can you kindly inform me on what to do?

TOPIC 2 – WIFES PROSPECTIVE UK EMPLOYMENT
Also do you think I can submit more than ONE job offer for my wife for instance 2 offers or is one enough?

[joebloggs]

no your parents can sponsor your wife and your stepchildren, i've done it myself, my mom sponsored my wife and stepdaughter.

yes explain that your sending £300-400 a month, and once they are in the UK you'll no longer need to send the money, and you'll be financially better off as you will not need to pay 2 lots of bills.

what i would do, would keep sending them the money, but borrow some money off your parents each week/month, and live off that leaving as much money in your bank account, but don't over do it, or they might wonder what your living off !

[aiden]

Joe

was thinking the same thing

For about 6 months im really going to watch my spending and just ask my parents to forgive my food and board whilst im staying with them.

sure theyll be okay about it

[lykayu01]

Whats those p60 p45 for is that need for spouse visa?

[aiden]

Hey Terpe
Youre right mate. Just so full of if’s and worries.
TOPIC 1
Terpe I have some questions about Maintenance.
When I get to the UK and once I start working Ill send my family monthly maintenence of about £300-400 per month to support my wife and children.
This will reflect on the bank statements that Im withdrawing that amount every month to send to my wife. In this case will a letter explaining where the money is going sufficient or not?
Of course when I get to the UK that money will no longer be sent to the Philippines as my family will already be here.
Please tell me what I should do in this case?
Or is it better to leave my money untouched and borrow money from family/parents and then send to the Mrs/kids in the Philippines?
Please can you kindly inform me on what to do?

TOPIC 2 – WIFES PROSPECTIVE UK EMPLOYMENT
Also do you think I can submit more than ONE job offer for my wife for instance 2 offers or is one enough?

Please can someone give me some more comments on this. many thanks Aiden