Spouse visa checklist and common mistakes

Dec 20, 2019 | Visa categories

Spouse visa checklist and common mistakes

So you are intending on making your visa application yourself. You’ve gone to Google, to find a checklist to assist you to make sure you don’t miss anything and you found that no such checklist exists!

It is difficult to provide an exact checklist of documents as there is some choice within a spouse visa application as to how you meet the Immigration Rules. This document intends to provide at least a basic checklist of documents with optional documents included.

Identity documents:

  • Original passport (with at least one double sided clear page)
  • Evidence of residency in the country of application (if not the country of nationality)
  • Evidence of spouse’s indefinite leave to remain, British nationality or refugee status
  • Marriage certificate
  • Translations of any documents in another language
  • Birth certificates of any children of the relationship.

English Language:

  • Evidence you are from a majority English speaking country (Submissions of the passport as above is sufficient); or
  • Evidence of meeting the requirement by passing an IELTs test; or
  • Evidence of a degree taught in English in the UK or outside the UK accompanied by a UK NARIC certificate.

Common errors in this section include:  Getting the wrong UK NARIC certificate, taking an IELTs test not for UKVI; and assuming you are from a majority English speaking country just beacuse English is your only language! There is a specific list of majority speaking English countries within the Immigration Rules.

Finances:

There are several different ways of qualifying under the financial route.  It is recommended that if you wish to use a combination of routes, or if you are applying under self-employment or director of a limited company, you get the application checked by an immigration lawyer.

Savings:

  • Six months of bank statements for all the accounts relied upon
  • Source of funds declaration for each person’s funds relied on (I.e. Applicant and/or Spouse)

Employment:

For employment over six months with the same employer where the relevant person receives greater than the minimum threshold of £18,600 (with no foreign national children – it’s higher with where there are children) as salaried income:

  • Six months payslips;
  • Letter from employer;
  • Six months bank statements showing the money coming in.

For employment where employment has lasted less than six months, or income is variable, provide 12 months of payslips and bank statements.

Self-employed/ Director of Limited Company.

So many people approach me having been refused under these financial routes that I advise you seek advice if you are planning on relying on this income.

There are other routes for meeting the financial requirement which are less commonly relied on and are therefore outside the scope of this blog.

Common mistakes in the finance section are failure to provide the correct documents, including the employers letter and the correct period of bank statements.  So many people supply five months and two weeks!

Accommodation

Evidence of suitable accommodation might include:

  • Proof of ownership (mortgage letter + council tax for example);
  • Proof of rental (tenancy agreement and letter).
  • Surveyor’s report (I would only advise if there is no other evidence the property is sufficiently large to accommodate).

Relationship

There are so many ways to evidence the relationship that the below are just examples.

  • Evidence of co-habitation – if applicable. This could be six bills from six sources over a two year period where they are in joint names or six bills from each partner is they are not in joints names (so 12 in total).
  • Photographs of you and spouse, plus others such as family members and friends.
  • Evidence of the wedding taking place and people attending the ceremony.
  • Evidence of mutual travel

I always advise that you get your application checked by an immigration lawyer before submission.  There are mistakes that people make that result in refusal that an immigration lawyer that sees these applications everyday, simply would not make.