Terpe
11th July 2012, 14:00
This guide was created on 10th July 2012 and is based upon the recently announced UKBA Changes to the family migration Immigration Rules come into effect on 9 July 2012 (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257359/soi-fam-mig.pdf)
The first change you'll notice is that UKBA now use the term "Partner" to generally include an applicant’s fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same sex partner.
For the purposes of this specific guide the applicants partner means, spouse, civil partner, unmarried partner or same sex partner.
An unmarried or same sex partner is a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.
Another important change is that UKBA now state although decisions on the application will generally be made without interview there may be some cases where the applicant could be invited for either a personal interview, or telephone interview.
Indeed, the first question on the Personal Details form actually asks "If we do need to interview you, what language would you like to use in the interview"
Making application for a visa to allow your partner to join you in the UK is always going to be an emotional and stressful time. But this is also the time that needs careful planning and attention to details to ensure full compliance with all requirements and to only allow the ECO one decision....visa approval.
The aim of this guide is to help all those applicants who will apply for a settlement Visa from outside of the UK.
The UKBA page specifically for partners of a British citizen or of a person who is settled in UK can be found here (https://www.gov.uk/join-family-in-uk)
It's well worth taking time to review this page and to check out the links provided.
A successful visa application will result in being granted a UK visa for 33 months.
Shortly before the end of that period, application can be made to stay for a further 30 months provided all requirements continue to be met.
After completion of 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, then application for settlement can be made. This is known as Indefinite Leave to Remain (ILR).
Look here at The Settlement page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement) if you want more information about ILR.
The holder of a UK Partner Visa is allowed to work and to have access to the NHS, but is not allowed to receive any public funds until ILR is granted.
The UKBA advises all applicants to read their application Guidance Notes (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf2-8b-guidance.pdf)
together with their Supporting Documents Guidance (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/sup-docs-settlement.pdf)
The key issues in the eligibility of a UK Partner/Spouse settlement Visa are:-
Can we apply?
In order to apply you must show that:-
- you and your partner are both aged 18 or over at the date of application
- your partner is not related to you in a way that means you could not marry in UK law
- you and your partner have met in person
- your relationship with your partner is genuine and subsisting (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine)
- if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law
- you meet the suitability requirements (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/suitability/)
- any previous relationship has permanently broken down (this does not apply to certain polygamous relationships)
- you and your partner intend to live together permanently in the UK
- you meet the financial requirements (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/)
- you meet the English language requirement (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/)
and
- if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.
How do we apply?
See the UKBA webpage Applying from outside the UK (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/)
Review the information and then follow the links to Applying for a UK visa in the Philippines (http://www.ukba.homeoffice.gov.uk/countries/philippines/applying/?langname=UK English)
Please do take time to read this page as there is a lot of key information on how to apply, how to book an appointment and importantly how to pay the fee.
You must prepare and submit the following:-
- 2 recent passport photographs and your passport - see the Photographs and passport page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/photo-passport/)
- evidence of your age and your partner's age
- your marriage or civil partnership certificate
- evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
Evidence would include Death Certificate of the deceased spouse/civil partner, evidence of divorce (eg divorce Decree Absolute), Annulment or Dissolution Certificate.
- evidence that you have met
The most recent Tribunals have endorsed the view that states that 'to have met' meant something more than a mutual sighting. They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting.
In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.
Photo's of you both together as a couple, photo's of the wedding, e-mails, Chat logs and Text messages showing that you had met and married.
- evidence of your English language ability - see the English language page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/english-language/)
- evidence that you can can maintain yourselves and any dependants adequately without needing public funds.
There is a clear financial requirement that must be met.
If you have children that are not British citizens or settled in the UK that you want to live with you in the UK, you will need to meet a higher financial requirement.
The financial requirement can be met through:-
- The income from employment or self employment of your sponsor.(There is also scope for the applicant’s partner, if they have been working overseas, to count the income from a confirmed job offer in the UK).
- Certain income from sources other than employment, such as rent from property etc
- state (UK or foreign) or private pensions
- maternity allowances or bereavement benefits received in the UK
or
- cash savings over a certain level (the amount of savings that you need to have will depend the level of other income that you and your sponsor have . If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay).
How much income do I need to have?
You must have an income of at least £18,600
If you are sponsoring a child as well as a partner you will need an income of at least ]£22,400
For each additional child being sponsored you will need an additional income of £2,400
For example, if you are you are bringing 2 children with you to the United Kingdom, you must have and income of £22,400 and £2,400 for the additional child, so a total of £24,800.
Promises of support from a third party cannot be counted towards the financial requirement.
You will be required to provide documents to show that you can meet the financial requirement.
In all cases employment and income must be lawful, and all cash savings must be lawfully derived. The source of cash savings must be declared. Any legal source, including a family member or other third party will be permitted provided that confirmation is submitted proving the money is under the complete control of the applicant and/or partner. The money cannot be borrowed.
By its very nature this guidance is generic. It may not apply to any given set of conditions, for any specific employment/income scanarios not covered in this guide please ask for details via a new thread within the forum.
Principally, however the following original (not a copy) documents must be submitted:-
- For employment-related earnings, bank statements covering the period(s) of employment relied upon must be provided.
- For non-employment income, only those bank statements which show the income being relied upon need to be provided.
In respect of salaried employment:-
- P60 (if issued) and pay slips for the 6-month period prior to the application, or as appropriate, for the 12-month period prior to the application.
- Letter from the employer confirming the person’s employment and annual salary, the length of their employment (and the period over which they have been or were paid the level of salary relied upon in the application), and the type of employment (permanent, fixed-term contract or agency).
- A signed contract of employment.
- Bank statements corresponding to the same period as the wage slips, showing that the salary has been paid into the person’s account.
In respect of self-employment (partnership, sole trader, franchise)
- The amount of tax payable for the last financial year; the amount of tax paid for the last financial year; and the amount of any unpaid tax for the last financial year.
- Latest annual self-assessment tax return to HMRC and Statement of Account (SA300 or SA302). If necessary, the same for the previous financial year if the latest return does not show the necessary level of income, but the average of the last 2 financial years does.
- Proof of registration with HMRC as self-employed. Proof of registration must be original or certified copy of documentation issued by HMRC only.
- Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
- Where the person holds or held a separate business bank account(s), monthly bank statements for the same 12-month period as the tax return(s).
- Monthly personal bank statements for the same 12-month period as the tax return(s). These statements must show that the income from self-employment has been paid into the person’s account.
- Evidence of ongoing self-employment: for self-employed persons, evidence of payment of Class 2 National Insurance contributions. For Directors, Current Appointment Reports from Companies House.
Additionally One of the following documents must also be submitted:
- Organisation’s latest annual audited accounts with the name of the accountant clearly shown. The accountant must be a member of an accredited accounting body (CIMA, CIPFA, ACCA, ACA, etc).
- Certificate of VAT registration and latest VAT return confirming VAT registration number if turnover in excess of £73,000.
- Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement).
- Franchise agreement signed by both parties. This is a mandatory document for any organisation that is a franchise.
In respect of self-employment (limited company based in the UK)
- Evidence of registration with the Registrar of Companies at Companies House.
- Latest Notice to file a Company Tax Return – CT603 and Company Tax Return – CT600. Both parts must be supplied.
- Organisation’s latest audited annual accounts with the name of the accountant clearly shown. The accountant must be a member of an accredited accounting body (CIMA, CIPFA, ACCA, ACA, etc).
- Monthly corporate/business bank statements covering the same 12-month period as the tax return(s).
- Monthly personal bank statements covering the same 12-month period as the tax return(s). These statements must show that the income from self-employment has been paid into the person’s account.
- Evidence of ongoing self-employment: for self-employed persons, evidence of payment of Class 2 National Insurance contributions. For Directors, Current Appointment Reports from Companies House.
Additionally One of the following documents must also be submitted:
- Certificate of VAT registration and latest VAT return confirming VAT registration number if turnover in excess of £73,000.
- Proof of ownership or lease of business premises.
- Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance. Proof of PAYE Reference Number and Accounts Office
- Reference Number. Evidence of registration must be original or certified copy of documentation issued by HMRC only.
- Proof of registration with the London Stock Exchange or with an international stock exchange approved by the Financial Services Authority in the UK. This is a mandatory document for a company registered on the London Stock Exchange or an FSA-approved international stock exchange.
In respect of non-employment income (Property rental income)
- Evidence confirming that the applicant’s partner owns the property for which the rental income is received, e.g. title deeds of the property (if held), mortgage statement.
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
- Rental agreement, e.g. tenancy agreement, contract.
In respect of non-employment income (Dividends or other income from investments, stocks and shares, bonds or trust funds)
- Certificate showing proof of ownership and amount of investment.
- Portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
- Profits from the sale of investments can contribute to cash savings and will not be treated as income from investments.
In respect of non-employment income (Interest from savings)
- Bank statements showing the amount of the savings held by the applicant’s partner interest has been paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
In respect of non-employment income (Maintenance payments)
- Evidence of maintenance agreement, e.g. court order, voluntary agreement, Child Support Agency documentation.
- All bank statements required to show the income relied upon was paid into the applicant’s account in the 12-month period prior to the application.
In respect of State (UK or foreign) or private pension
- Official documentation from HMRC (in respect of the Basic State Pension and the Additional or Second State Pension), an overseas pension authority, and/or a pension company confirming pension entitlement and amount.
- At least one bank statement showing payment of the pension into an account in the name of the applicant’s partner, the applicant or both jointly.
In respect of one or more of UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance
- Department for Work and Pensions documentation confirming the applicant’s partner (or, where they have paid sufficient National Insurance contributions, the applicant) is or was in receipt of the benefit.
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
In respect of cash savings
- All bank statements required to show the cash savings have been held in an account in the name of the applicant’s partner, the applicant or both jointly for at least the 6-month period prior to the application.
Note that the onus is on the applicant to demonstrate that the financial requirement is met in their case.
Where they have not done so on the basis of the information and documentation they have submitted, the application for the 5-year family route to settlement will be refused.
Caseworkers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.
Exemptions
You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK.
You will need to show that your sponsor can maintain and accommodate you without access to public funds. In principle (and only as a rough guide) this will use Income Support Rate and disposable as guide to adequate financial status.
However, no reliance on promises of third party support will be permitted.
Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits in the UK, the applicant is exempt from the new financial requirement in respect of that application stage:
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
The applicant will need to submit evidence of the exemption by provision of:-
- Official documentation from HMRC confirming the applicant’s partner’s entitlement and the amount received.
- At least one bank statement showing payment of the benefit or allowance into an account in the name of the applicant’s partner.
The new financial requirement will apply at the next application stage if the applicant does not remain exempt from it.
- Evidence of your accomodation
Accommodation - General Requirements
The Rules require that there must be adequate accommodation for a 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.
- The ECO should be satisfied 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 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.
Accommodation (Home Owners)
If the sponsor owns the accommodation, then the applicant should include a certified copy of the deed showing this, or some 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)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for "rented" 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).
FAQ's
- What identification is needed from my sponsor?
The sponsor's identification usually takes the form of the sponsor's passport. If the passport itself cannot be presented, then a certified copy of the portrait page should be made.
- Should my sponsor send a supporting cover letter?
Although not strictly necessary, yes, have your sponsor write a 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, and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
Keep it as simple as possible and above all be honest about everything, if there are any remaining complicated or unusual circumstances about your application it should be thoroughly explained here.
- How long will it take to process my application?
Look at the UKBA webpage for Visa processing times (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/processing-times/) Just scroll down to the drop down menu and enter Philippines
- Can my partner come to the UK on a tourist visit visa and then apply for a settlement visa when in UK?
To be successful in obtaining a tourist visit visa the applicant must show that they intend to leave the UK at the end of their visit. Basically the applicant needs to demonstrate that they do not wish to become an immigrant. This is a difficult task, particularly when the applicant has a romantic relationship in UK. In many cases it is not the intention of the applicant as they want to stay in the UK with their partner.
If the applicant cannot very clearly demonstrate that they intend to leave the UK, the visa will be refused and you and your partner would have wasted time and money submitting an application.
Additionally, the ECO may well suspect that the spouse is attempting to frustrate the immigration rules and evade payment of a settlement visa.
- How much will it cost?
All the UKBA fees for applications made outside of the UK can be found on the Fees for visa applications (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/fees/#resultTableAnchor) page. Just scroll down to the drop down menu and enter settlement
The table showing all the fees can be found on the Fees for our services (http://www.ukba.homeoffice.gov.uk/aboutus/fees) page. Just scroll down to the specific item and follow the link
- My partner has been refused a visa before, can they re-apply?
Having been previously refused a visa does not prevent you from making any further applications unless you have incurred a ban for UK entry. Each application is reviewed on its own merits and on the supporting evidence supplied
- What happens if the application is refused?
If your application is refused, you will have a full right of appeal. When the UKBA refuse your application they will also give you a letter fully detailing why the application has been refused and explaining how to appeal.
- What if we have not met face-to-face for a long time?
If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (i.e., longer than 3 or 4 months), then evidence of 'intervening devotion' should be included. This would normally take the form of phone records or other forms of communication.
When submitting email, chats, IM logs, it is important to keep in mind that intervening devotion means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.
- If my partner is in receipt of public funds. Can I still apply for a settlement visa?
There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.
If the sponsor is in receipt of specified disability-related benefit or carer's allowance public funds, they may be exempt from the new financial requirement. See above under Financial Requirements "Exemptions"
- Can I 'switch' to a Spouse Visa if I am already in the UK?
You may be allowed to switch into the category of partner if you are currently in the UK in a different immigration category.
You will not be allowed to switch if you are in the UK:-
- as a visitor
- with permission to stay that was given for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner)
- on temporary admission
- in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).
- Do I need a health check, medical certificate or Tuberculosis X-Ray when I arrive in the UK
The UKBA state that "Anyone aged over 11 resident in certain countries applying for a visa to come to the UK for longer than 6 months need to get a certificate confirming that they are free from infectious Tuberculosis (TB) before applying for a visa. Currently the Philippines is not on the country listing requiring this.
However please see see this UKBA News Update (http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/may/42-tb-test) and check the UKBA website for further updates as the Philippines will be added at some point soon.
Finally, when you have been issued with a UK visa you may want to take a look at the Information for visa holders page (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/visa-holders)
Here you will find useful guidance on:-
- what the information on your visa means, and how to check that the information is correct
- what to do if your visa contains an error, if your journey to the UK is delayed, or if your reason for going to the UK changes
- what your visa entitles you to do
- which items you can bring to the UK
- what will happen when you arrive at the UK border
- what to do if your passport and visa are lost or stolen, or your passport expires.
Good luck to all
The first change you'll notice is that UKBA now use the term "Partner" to generally include an applicant’s fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same sex partner.
For the purposes of this specific guide the applicants partner means, spouse, civil partner, unmarried partner or same sex partner.
An unmarried or same sex partner is a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of application.
Another important change is that UKBA now state although decisions on the application will generally be made without interview there may be some cases where the applicant could be invited for either a personal interview, or telephone interview.
Indeed, the first question on the Personal Details form actually asks "If we do need to interview you, what language would you like to use in the interview"
Making application for a visa to allow your partner to join you in the UK is always going to be an emotional and stressful time. But this is also the time that needs careful planning and attention to details to ensure full compliance with all requirements and to only allow the ECO one decision....visa approval.
The aim of this guide is to help all those applicants who will apply for a settlement Visa from outside of the UK.
The UKBA page specifically for partners of a British citizen or of a person who is settled in UK can be found here (https://www.gov.uk/join-family-in-uk)
It's well worth taking time to review this page and to check out the links provided.
A successful visa application will result in being granted a UK visa for 33 months.
Shortly before the end of that period, application can be made to stay for a further 30 months provided all requirements continue to be met.
After completion of 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, then application for settlement can be made. This is known as Indefinite Leave to Remain (ILR).
Look here at The Settlement page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement) if you want more information about ILR.
The holder of a UK Partner Visa is allowed to work and to have access to the NHS, but is not allowed to receive any public funds until ILR is granted.
The UKBA advises all applicants to read their application Guidance Notes (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf2-8b-guidance.pdf)
together with their Supporting Documents Guidance (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/out-of-country/sup-docs-settlement.pdf)
The key issues in the eligibility of a UK Partner/Spouse settlement Visa are:-
Can we apply?
In order to apply you must show that:-
- you and your partner are both aged 18 or over at the date of application
- your partner is not related to you in a way that means you could not marry in UK law
- you and your partner have met in person
- your relationship with your partner is genuine and subsisting (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine)
- if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law
- you meet the suitability requirements (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/suitability/)
- any previous relationship has permanently broken down (this does not apply to certain polygamous relationships)
- you and your partner intend to live together permanently in the UK
- you meet the financial requirements (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/)
- you meet the English language requirement (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/)
and
- if you are in the UK and want to extend your leave or apply for settlement in the UK you will need to meet the suitability requirement.
How do we apply?
See the UKBA webpage Applying from outside the UK (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/)
Review the information and then follow the links to Applying for a UK visa in the Philippines (http://www.ukba.homeoffice.gov.uk/countries/philippines/applying/?langname=UK English)
Please do take time to read this page as there is a lot of key information on how to apply, how to book an appointment and importantly how to pay the fee.
You must prepare and submit the following:-
- 2 recent passport photographs and your passport - see the Photographs and passport page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/photo-passport/)
- evidence of your age and your partner's age
- your marriage or civil partnership certificate
- evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
Evidence would include Death Certificate of the deceased spouse/civil partner, evidence of divorce (eg divorce Decree Absolute), Annulment or Dissolution Certificate.
- evidence that you have met
The most recent Tribunals have endorsed the view that states that 'to have met' meant something more than a mutual sighting. They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting.
In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.
Photo's of you both together as a couple, photo's of the wedding, e-mails, Chat logs and Text messages showing that you had met and married.
- evidence of your English language ability - see the English language page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/english-language/)
- evidence that you can can maintain yourselves and any dependants adequately without needing public funds.
There is a clear financial requirement that must be met.
If you have children that are not British citizens or settled in the UK that you want to live with you in the UK, you will need to meet a higher financial requirement.
The financial requirement can be met through:-
- The income from employment or self employment of your sponsor.(There is also scope for the applicant’s partner, if they have been working overseas, to count the income from a confirmed job offer in the UK).
- Certain income from sources other than employment, such as rent from property etc
- state (UK or foreign) or private pensions
- maternity allowances or bereavement benefits received in the UK
or
- cash savings over a certain level (the amount of savings that you need to have will depend the level of other income that you and your sponsor have . If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay).
How much income do I need to have?
You must have an income of at least £18,600
If you are sponsoring a child as well as a partner you will need an income of at least ]£22,400
For each additional child being sponsored you will need an additional income of £2,400
For example, if you are you are bringing 2 children with you to the United Kingdom, you must have and income of £22,400 and £2,400 for the additional child, so a total of £24,800.
Promises of support from a third party cannot be counted towards the financial requirement.
You will be required to provide documents to show that you can meet the financial requirement.
In all cases employment and income must be lawful, and all cash savings must be lawfully derived. The source of cash savings must be declared. Any legal source, including a family member or other third party will be permitted provided that confirmation is submitted proving the money is under the complete control of the applicant and/or partner. The money cannot be borrowed.
By its very nature this guidance is generic. It may not apply to any given set of conditions, for any specific employment/income scanarios not covered in this guide please ask for details via a new thread within the forum.
Principally, however the following original (not a copy) documents must be submitted:-
- For employment-related earnings, bank statements covering the period(s) of employment relied upon must be provided.
- For non-employment income, only those bank statements which show the income being relied upon need to be provided.
In respect of salaried employment:-
- P60 (if issued) and pay slips for the 6-month period prior to the application, or as appropriate, for the 12-month period prior to the application.
- Letter from the employer confirming the person’s employment and annual salary, the length of their employment (and the period over which they have been or were paid the level of salary relied upon in the application), and the type of employment (permanent, fixed-term contract or agency).
- A signed contract of employment.
- Bank statements corresponding to the same period as the wage slips, showing that the salary has been paid into the person’s account.
In respect of self-employment (partnership, sole trader, franchise)
- The amount of tax payable for the last financial year; the amount of tax paid for the last financial year; and the amount of any unpaid tax for the last financial year.
- Latest annual self-assessment tax return to HMRC and Statement of Account (SA300 or SA302). If necessary, the same for the previous financial year if the latest return does not show the necessary level of income, but the average of the last 2 financial years does.
- Proof of registration with HMRC as self-employed. Proof of registration must be original or certified copy of documentation issued by HMRC only.
- Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
- Where the person holds or held a separate business bank account(s), monthly bank statements for the same 12-month period as the tax return(s).
- Monthly personal bank statements for the same 12-month period as the tax return(s). These statements must show that the income from self-employment has been paid into the person’s account.
- Evidence of ongoing self-employment: for self-employed persons, evidence of payment of Class 2 National Insurance contributions. For Directors, Current Appointment Reports from Companies House.
Additionally One of the following documents must also be submitted:
- Organisation’s latest annual audited accounts with the name of the accountant clearly shown. The accountant must be a member of an accredited accounting body (CIMA, CIPFA, ACCA, ACA, etc).
- Certificate of VAT registration and latest VAT return confirming VAT registration number if turnover in excess of £73,000.
- Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement).
- Franchise agreement signed by both parties. This is a mandatory document for any organisation that is a franchise.
In respect of self-employment (limited company based in the UK)
- Evidence of registration with the Registrar of Companies at Companies House.
- Latest Notice to file a Company Tax Return – CT603 and Company Tax Return – CT600. Both parts must be supplied.
- Organisation’s latest audited annual accounts with the name of the accountant clearly shown. The accountant must be a member of an accredited accounting body (CIMA, CIPFA, ACCA, ACA, etc).
- Monthly corporate/business bank statements covering the same 12-month period as the tax return(s).
- Monthly personal bank statements covering the same 12-month period as the tax return(s). These statements must show that the income from self-employment has been paid into the person’s account.
- Evidence of ongoing self-employment: for self-employed persons, evidence of payment of Class 2 National Insurance contributions. For Directors, Current Appointment Reports from Companies House.
Additionally One of the following documents must also be submitted:
- Certificate of VAT registration and latest VAT return confirming VAT registration number if turnover in excess of £73,000.
- Proof of ownership or lease of business premises.
- Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance. Proof of PAYE Reference Number and Accounts Office
- Reference Number. Evidence of registration must be original or certified copy of documentation issued by HMRC only.
- Proof of registration with the London Stock Exchange or with an international stock exchange approved by the Financial Services Authority in the UK. This is a mandatory document for a company registered on the London Stock Exchange or an FSA-approved international stock exchange.
In respect of non-employment income (Property rental income)
- Evidence confirming that the applicant’s partner owns the property for which the rental income is received, e.g. title deeds of the property (if held), mortgage statement.
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
- Rental agreement, e.g. tenancy agreement, contract.
In respect of non-employment income (Dividends or other income from investments, stocks and shares, bonds or trust funds)
- Certificate showing proof of ownership and amount of investment.
- Portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
- Profits from the sale of investments can contribute to cash savings and will not be treated as income from investments.
In respect of non-employment income (Interest from savings)
- Bank statements showing the amount of the savings held by the applicant’s partner interest has been paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
In respect of non-employment income (Maintenance payments)
- Evidence of maintenance agreement, e.g. court order, voluntary agreement, Child Support Agency documentation.
- All bank statements required to show the income relied upon was paid into the applicant’s account in the 12-month period prior to the application.
In respect of State (UK or foreign) or private pension
- Official documentation from HMRC (in respect of the Basic State Pension and the Additional or Second State Pension), an overseas pension authority, and/or a pension company confirming pension entitlement and amount.
- At least one bank statement showing payment of the pension into an account in the name of the applicant’s partner, the applicant or both jointly.
In respect of one or more of UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance
- Department for Work and Pensions documentation confirming the applicant’s partner (or, where they have paid sufficient National Insurance contributions, the applicant) is or was in receipt of the benefit.
- All bank statements required to show the income relied upon was paid into an account in the name of the applicant’s partner, the applicant or both jointly in the 12-month period prior to the application.
In respect of cash savings
- All bank statements required to show the cash savings have been held in an account in the name of the applicant’s partner, the applicant or both jointly for at least the 6-month period prior to the application.
Note that the onus is on the applicant to demonstrate that the financial requirement is met in their case.
Where they have not done so on the basis of the information and documentation they have submitted, the application for the 5-year family route to settlement will be refused.
Caseworkers will not generally be expected to make further enquiries or request further information in an effort to establish whether the financial requirement is met.
Exemptions
You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK.
You will need to show that your sponsor can maintain and accommodate you without access to public funds. In principle (and only as a rough guide) this will use Income Support Rate and disposable as guide to adequate financial status.
However, no reliance on promises of third party support will be permitted.
Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits in the UK, the applicant is exempt from the new financial requirement in respect of that application stage:
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
The applicant will need to submit evidence of the exemption by provision of:-
- Official documentation from HMRC confirming the applicant’s partner’s entitlement and the amount received.
- At least one bank statement showing payment of the benefit or allowance into an account in the name of the applicant’s partner.
The new financial requirement will apply at the next application stage if the applicant does not remain exempt from it.
- Evidence of your accomodation
Accommodation - General Requirements
The Rules require that there must be adequate accommodation for a 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.
- The ECO should be satisfied 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 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.
Accommodation (Home Owners)
If the sponsor owns the accommodation, then the applicant should include a certified copy of the deed showing this, or some 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)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for "rented" 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).
FAQ's
- What identification is needed from my sponsor?
The sponsor's identification usually takes the form of the sponsor's passport. If the passport itself cannot be presented, then a certified copy of the portrait page should be made.
- Should my sponsor send a supporting cover letter?
Although not strictly necessary, yes, have your sponsor write a 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, and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
Keep it as simple as possible and above all be honest about everything, if there are any remaining complicated or unusual circumstances about your application it should be thoroughly explained here.
- How long will it take to process my application?
Look at the UKBA webpage for Visa processing times (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/processing-times/) Just scroll down to the drop down menu and enter Philippines
- Can my partner come to the UK on a tourist visit visa and then apply for a settlement visa when in UK?
To be successful in obtaining a tourist visit visa the applicant must show that they intend to leave the UK at the end of their visit. Basically the applicant needs to demonstrate that they do not wish to become an immigrant. This is a difficult task, particularly when the applicant has a romantic relationship in UK. In many cases it is not the intention of the applicant as they want to stay in the UK with their partner.
If the applicant cannot very clearly demonstrate that they intend to leave the UK, the visa will be refused and you and your partner would have wasted time and money submitting an application.
Additionally, the ECO may well suspect that the spouse is attempting to frustrate the immigration rules and evade payment of a settlement visa.
- How much will it cost?
All the UKBA fees for applications made outside of the UK can be found on the Fees for visa applications (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/fees/#resultTableAnchor) page. Just scroll down to the drop down menu and enter settlement
The table showing all the fees can be found on the Fees for our services (http://www.ukba.homeoffice.gov.uk/aboutus/fees) page. Just scroll down to the specific item and follow the link
- My partner has been refused a visa before, can they re-apply?
Having been previously refused a visa does not prevent you from making any further applications unless you have incurred a ban for UK entry. Each application is reviewed on its own merits and on the supporting evidence supplied
- What happens if the application is refused?
If your application is refused, you will have a full right of appeal. When the UKBA refuse your application they will also give you a letter fully detailing why the application has been refused and explaining how to appeal.
- What if we have not met face-to-face for a long time?
If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (i.e., longer than 3 or 4 months), then evidence of 'intervening devotion' should be included. This would normally take the form of phone records or other forms of communication.
When submitting email, chats, IM logs, it is important to keep in mind that intervening devotion means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.
- If my partner is in receipt of public funds. Can I still apply for a settlement visa?
There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.
If the sponsor is in receipt of specified disability-related benefit or carer's allowance public funds, they may be exempt from the new financial requirement. See above under Financial Requirements "Exemptions"
- Can I 'switch' to a Spouse Visa if I am already in the UK?
You may be allowed to switch into the category of partner if you are currently in the UK in a different immigration category.
You will not be allowed to switch if you are in the UK:-
- as a visitor
- with permission to stay that was given for a period of less than 6 months (unless that leave was as a fiancé(e) or proposed civil partner)
- on temporary admission
- in breach of the Immigration Rules (a period of overstaying of less than 28 days will not be taken into account).
- Do I need a health check, medical certificate or Tuberculosis X-Ray when I arrive in the UK
The UKBA state that "Anyone aged over 11 resident in certain countries applying for a visa to come to the UK for longer than 6 months need to get a certificate confirming that they are free from infectious Tuberculosis (TB) before applying for a visa. Currently the Philippines is not on the country listing requiring this.
However please see see this UKBA News Update (http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/may/42-tb-test) and check the UKBA website for further updates as the Philippines will be added at some point soon.
Finally, when you have been issued with a UK visa you may want to take a look at the Information for visa holders page (http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/visa-holders)
Here you will find useful guidance on:-
- what the information on your visa means, and how to check that the information is correct
- what to do if your visa contains an error, if your journey to the UK is delayed, or if your reason for going to the UK changes
- what your visa entitles you to do
- which items you can bring to the UK
- what will happen when you arrive at the UK border
- what to do if your passport and visa are lost or stolen, or your passport expires.
Good luck to all