Patrick,
Sorry Patrick but this is probably going to be a long post. Hope you have the desire to read it. And I sincerely hope there will be something to help you.
Regarding financial status
The ECO needs to see evidence that you can maintain yourselves and any dependants adequately without needing public funds.
The Evidence of maintenance page describes the documents that you should submit to prove that you meet this requirement.
There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.
Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)
Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.
In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.
The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.
In many ways it's a bit of a myth that you absolutely must show plenty of savings. Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Spouse Visa process would advise on having savings.
It clearly costs quite a bit to cover the costs of Visa Application, Air fares, and supporting someone in settlement in UK. It would be reasonable to expect something like £2000 in the form of savings.
Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.
Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.
Maintenance may be provided by either:-
The applicant with their own funds or with funds available to them; Or
The sponsor; or
A combination of applicant and sponsor funds; or
Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating to a spouse.
The Visa application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering a bare minimum of at least 3 months (preferably 6 months)
Salary slips for at least the previous 3 months.(preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60
can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.
If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable employment prospects.
If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as
you can about the transactions.
Regarding Evidence of your accommodation
The Rules require that there must be adequate accommodation for a spouse or civil partner and any dependants.
The ECO will be looking for evidence that the accommodation complies with the following requirements:-
- It is (or will be) owned or legally occupied for the exclusive use of the couple.
- It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
- That housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
- That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.
Accommodation (Home Owners)
If the sponsor (or co-sponsor) owns his home, he should include a certified copy of the deed showing this, or other proof of ownership.
If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided,(this is available online for a fee), or a letter from the building society.The mortgage payments should appear in the bank statements.
Accommodation (Rented)
If the sponsor rents a flat or house, a copy of the tenancy agreement should be provided.
If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided confirming both the size of the property and agreement that an additional occupant may take up residence there.
If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord/agent showing intent to renew at the same terms should be provided.
If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.
Accommodation (Shared with others and co-sponsors offering accommodation)
If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for renters should be provided. Additionally, the applicant and sponsor need to show that they have exclusive access to a bedroom that will be occupied solely by them.
A bedroom may be a family room or study which has been converted for exclusive access (kitchens, bathrooms, and utility rooms do not qualify). Account is taken only of rooms with a floor area larger than 50 square feet(4.65 square meters).
Accommodation Overcrowding
There are statutory definitions of overcrowding in residential housing contained in the Housing Act 1985.
A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
The Housing Act also details the maximum number of people allowed for a given number of rooms.
Number
of
Rooms................Permitted number of persons
1.......................................2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10
Each additional room in excess of 5 = An additional 2 people
A child under one does not count as a person.
A child aged 1-10 years counts as only half a person.
Also please don't forget one other important aspect of the application IMO
Although not strictly necessary as a sponsor write a really good letter to the Embassy supporting your application.
Outline how and where you met, how long you have been together, how you have maintained contact, important events and meetings between yourselves, the date and location of your marriage and the date and location of your marriage and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
You may also briefly outline how you will support yourselves.
Keep it simple and above all be honest about everything.
Finally, if there are exceptional circumstances about the application, anything complicated or unusual about your application or if the sponsor is seeking a concession, it should be thoroughly explained here.
I hope this helps you, but please ask any further questions you need. This is a very important step for you both.