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After 20 Calendar Days

Discussion in 'UK Visa and Immigration Help' started by Anne, Aug 5, 2014.

  1. one world
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    one world Active Member Trusted Member

    Hi Hanlan
    I've done a little more searching .....

    https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

    Annex FM 1.7a: maintenance
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371446/maintenance.pdf

    Page 2, Clause 3
    Third Party Support

    "For applications from family members under Appendix FM of the Immigration Rules promises of third party support will not be accepted. The applicant and their partner must have the required resources under their own control, not somebody else's"

    So according to above, your application is likely to fail.
    Your husband alone will have to be proven to be able to support and accommodate you i suspect.

    Certainly seek Immigration advice by asking the if the above from:-
    April 2013 Immigration Directorate Instruction - Chapter 8, Family, Section FM 1.7A, Maintenance

    means that you and your partner being reliant on living in accommodation owned by his father and is whom is also being lived in by his father. Will result in 'refused entry clearance' (i.e rejected)?

    Is there anything that can be done that would ensure spouse visa application being accepted?

    I certainly wouldn't chance an application being successful. Especially due to the significant cost of the application.

    Sorry i couldn't give you any good news

    Seems any future application will require you husband being fully independent and self sufficient, including having your own accommodation.
  2. one world
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    one world Active Member Trusted Member

    I do hope my own assumptions could be proven wrong.

    I feel for your circumstances and wish you the best in your in devours to eventually being able to be together.

    wishing you luck and good fortune

    Oneworld
  3. HanLan
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    HanLan Member

    I also read that and I am aware that third party support is not allowed. He is not being supported by his dad, its the other way around. He is not paying rent because they own it but he is paying for the maintenance of the flat.

    His dad is just waiting for my visa as he wants to live in the Philippines. So by that time the flat will be just for the both of us. The only thing we need to prove is he's paying bills while living in the flat. He may not be paying for rent but all his wages goes towards maintenance, paying bills of the flat. :)
  4. one world
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    one world Active Member Trusted Member

    Sounds good, but think a legal document ensuring you can't be suddenly made homeless without notice might just be the certainty to sway the application in your favor? :like:

    Similar to something that would be offered to a tenant?
    • Like Like x 1
  5. HanLan
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    HanLan Member


    As far as the accommodation, they only care that I have an adequate situation whether owned, rented, family free or otherwise. You're right, as long as I can ensure that we have a decent place to stay it should be alright:);)
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  6. one world
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    one world Active Member Trusted Member

  7. one world
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    one world Active Member Trusted Member

    10. MAA10 Legally owned or exclusively occupied

    The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

    • the ownership of the property and/or the duration of a lease
    • whether any lease enables the tenant to sublet to the couple or take them in as lodgers.
    If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

    :like:
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  8. one world
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    one world Active Member Trusted Member

    It certainly makes one ****Dizzy**** try to find things online.

    The worst is when you think 'i've seen something, but where was it?

    :confused: :lol:
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    • Funny Funny x 1
  9. one world
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    one world Active Member Trusted Member

    • Agree Agree x 1
  10. HanLan
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    HanLan Member



    I've done my research about the requirements but I still have to ask few questions here and there. All the threads here have been really helpful. Thanks for the link:). My main concern really is whether to include Land Registry Docs or not. I was thinking Deeds and Utility bills will do to prove that they own it.
    What I need to sort out is the council tax bill and Independent Housing Inspection Report to prove that there is no overcrowding. Do you have any idea how much will it cost for an inspection report and where to request for one?
  11. one world
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    one world Active Member Trusted Member

    I think what is needed is proof that flat is not rented but owned by his father, so that the permission to live there is solely from his father.

    If it were rented, then permission would need to be sought from land lord.

    I think 'Independent Housing Inspection Report' would be provided by local council office, if even it exists?

    I've seen some wording that such inspectors do not exist everywhere. So personally i think it cannot be mandated.

    I think photos or/and estate agents floor plan would suffice as evidence that you will at least have a bedroom exclusively for your use.
  12. one world
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    one world Active Member Trusted Member

    I guess, you will need to make sure that the letter giving permission to live there does indeed say that at least a bedroom will be exclusively for you and your partners use.
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  13. HanLan
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    HanLan Member

    Does anyone know if its really important to include council tax statement? It has nothing to do with income right? Its just a proof of address which shows how many people live in the household.
    Is Property Inspection Report okay in lieu of Council Tax Statements?
  14. Timmers
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    Timmers Well-Known Member Trusted Member

    A council tax statement is as good as you can get for evidence of address, do not leave this out unless you cannot avoid it.

    Its local government related, no one pays this tax unless they are living in the property that's why the UKVI ask for this kind of evidence relating to your accommodation.
    Last edited: Nov 11, 2014
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  15. HanLan
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    HanLan Member

    Hi Mr. Timmers :)

    I am a bit worried, is the council tax statement income related? Is it paid monthly or yearly?:(
    Last edited: Nov 11, 2014
  16. one world
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    one world Active Member Trusted Member

    Think of it as a bill from local government, telling the occupants how much they will need to pay for the year ahead.
    Usually paid for 10 months.

    https://www.gov.uk/council-tax/paying-the-bill
    • Agree Agree x 1
  17. HanLan
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    HanLan Member

    Living in an existing household owned by parents and paying for council tax bill. If council tax statement is a proof of accommodation, does it show all the names on the statement? Or just the name of the owner only?

    There is only one Council Tax bill for each property. They're paying for council tax good for two people yet the council tax bill only states one name (dad's name). I was told we can request for his name to be added on the council tax statement.
    Last edited: Nov 13, 2014
  18. one world
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    one world Active Member Trusted Member

    It could be worth doing, but i think you may only receive it when its normally sent before April.

    Something else that may be worth considering is copy of driving license?
    Electoral ballot registration?

    The Council Tax bill will link his father to the property and this will probably give more credibility in his supporting letter as being equivalent to land lord giving you permission to stay there and probably best mention what his son does regarding bills for property, for instance being the other unnamed person paying the council tax. Driving license would also give that extra link, as i think it may be an offense to have wrong address on license? Another link to property is any Taxation documents with address on.
  19. HanLan
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    HanLan Member

    Along with the council tax statement and utility bills which are all under his dad's name, we plan to include his driver's license and motorbike insurance. We will revise his dad's letter and say there that he pays the utility bills of the flat in which he really does.

    The funny thing is they're both named John. The bill says J Lancaster same as those on his payslips. :lol:
  20. lisa
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    lisa New Member

    Hi everyone,

    now Im getting even more worried, I have recently submitted all my paperworks to VSF for unmarried partner visa (Nov 10 to be exact). I have read in the previous post that a letter from my partner's employer is required stating his salary and employment status??? See we do not have that. I do however have his contract (scanned copy but have attached the email conversation between my partner and his employer requesting for the contract and why is requesting for it) the original got lost in the post (I have attached the postal receipt for their reference along with a cover letter why I am submitting a scanned copy of his contract because REASON), we also have payslips and bank statements. Is this sufficient enough to show that we meet the financial requirement???

    Any response would be most appreciated.

    Cheers!

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