The top three big mistakes people make in spouse visa applications.
People often approach me after their visa has been refused to assist in an appeal and what I notice from these approaches, is that there are common errors people make when preparing their spouse application on their own. This blog details the most common errors I see when people make a spouse visa application alone, or with the help poor legal representation.
Number 1: Obtaining the wrong type of English language certificate or wrong UK NARIC conversion.
If you are a national of Australia, USA or any other majority English speaking country, you can look away now, your nationality alone means that you meet the English language requirements. Similarly, you can meet the English language requirements by submitting a degree certificate. If you don’t meet the requirements for these reasons, and you are not exempt due to your age or an impairment, then you will have to pass an English exam which is certified by UKVI. So far, so easy. Many people opt for the IELTS test in order to meet this. But IELTS offer two types of test, there is: IELTS for UKVI and standard IELTS. It is important that when you book your IELTS test, you book for UKVI as a non-UKVI test will not be accepted. Look carefully on your test certificate for a SELT reference if you are unsure, if the certificate has this reference, then you should be able to use this test.
There is a similar problem when using UK NARIC for conversions of degrees. This is used where a person has a degree taught in English, but from a non-majority English speaking country. UK NARIC offer services for people applying to UKVI and services to others. It is very important you select the ‘for UKVI’ service or the conversion will not be accepted.
Number 2: Omitting payslips or bank statements or not having the correct letter from the employer.
If you are making an application yourself, then it’s crucial you read Appendix FM; Appendix FM-SE and the relevant guidance available. In particular guidance available for the financial requirement it’s guidance 1.7. This gives you the full picture of the requirements that need to be met and read in conjunction with Appendix FM-SE gives details of all the documents you need to submit with your application. It is so common to see people provide slightly under six months of the mandatory documents, or for a payslip to be missing. FM-SE details the specific requirements of the employers letter, so make sure you review these carefully when asking the employer to prepare this letter.
Number 3: Not evidencing a previous breakdown of a relationship properly.
It’s a requirement of Appendix FM spouse visa applications that any breakdown of a previous relationship is evidenced. In some countries, formal documentation is not always provided when a divorce occurs. It is important that if you don’t have this documentation, you take steps to provide what is required. The Home Office has published guidance by country as to what documents are required so you should consult this if you are unable to offer a formal divorce certificate.
Spouse checking service
Immigration Joss offers a checking service to applicants which involves checking the form, supporting documents and giving advice on any omissions and changes that can or should be made. Whilst I also offer a full application service, the checking service may suit people that intend to apply on their own due to costs savings, or just because they think they are able to make the application themselves, but want to have a professional look over the application before submission.