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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Customer Question

Changing and updating visa type details, what to do

need to know if my husband has applied to get his visa type changed, and we moved home, what do we need to do.

i suggested we need to send all details of our new house, new bills and up to date finances by letter referring to his application in the letter.

should we be doing anything else?

he is saying he has demanded his information file under foi but as far as i know it, asking for that may delay rather than escalate his application.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Expert_James replied 1 year ago.
Hello, and thank you for your question!

Please note that I earn my living by helping customers like you. But in order to get credit for my work, once I've answered your questions, you must give me a rating for the customer service I provide you, and not for the outcome or the state of the law, which I cannot control. Please keep this in mind as we work together.

Is this a US immigration question?

Also, please provide me with all background information and history related to your question, so that I can best assist you with answers.
Customer: replied 1 year ago.

This actually relates to the UK immigration law.


 


thanks for seeking clarity

Expert:  Thomas replied 1 year ago.
Hi,

What visa is your husband presently on?

When does his visa expire?

Tom
Customer: replied 1 year ago.

His current visa is a work permit with residence which expires in 2015 however he has an option to renew or change category.


 


When we married, I asked him to change the category rather than delay till when his current one comes close to renewal.


 


Since we sent off the forms with all our documents, not a squeak.


 


Worst of all, both of us have given then all our identification documents and educational documents and certificates.


 


So we are both stumped if we need to do anything that requires a passport or id or our certificates.

Customer: replied 1 year ago.

The main issue i have is that I have said to him, since we moved to our first home together that we need to write to them and let them know we moved,


 


we have done that.


 


Additionally we have changed utility suppliers etc and since we got cracking with the paintbrush etc, we finally started to settle.


 


My suggestion is to write to them and detail all the changes such as our address which we already did but to add details of our utility bills and up to date records relating to our council tax and also give them any up to date tax records especially because I am self employed.


 


he has been telling me that he will simply ask for his file under FOI however I did some work previously as an OISC supporter when I expolored setting up an OISC partnershiop some years back.


 


The knowledge I gained then was that asking for info under FOI was not a facilitator for application processing and could sometimes derail and delay the process as paper could be requisitioned from case workers to other departments if electronic records dont meet an FOI request level.


 


Additionally of course FOI requests are not anything but that, it does not facilitate anything but a response and I don't think they will reply to the request if it does not come from an OISC reg practitioner or from a solicitor.


 


thanks.


 


 

Expert:  Thomas replied 1 year ago.
Hi

I will answer in an hour.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to check that you have submitted the correct form and application to the UKBA.

IF he is on a work permit and has married you (and you are a UK citizen or otherwise hold indefinite leave to remain) then in order to switch to a spouse visa you would have had to submitted form FLM(M) to the UKBA in order for him to get leave to remain as a spouse

To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. However if there are evidential defects then it can take much much longer.

If his work permit does not expire until 2015 then you have options. You have to chase up the UKBA by writing to them with letters from your MP requesting an update. If the length of time since you submittied your applicaiotn has not yet reached two months then I would wait until it does because they frequently take up to and over this time for the UKBA to determine applications.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Hello


 


thanks so much for your answer.


 


But I am so sorry, you misunderstood my enquiry.


 


The title of the question is kind of scraped short when we post.


 


It should read



Changing and updating visa type details, what to do

need to know if my husband has applied to get his visa type changed, and we moved home, what do we need to do.


 


actually you have not answered my question which was that


 


if we made an application as you outlined in your answer


 


AND


 


we then move to our first home from the address that we were renting causing a change to our utillity service providers, address, our other information eg gas electricity and so on should we then write to the UKBA and provide details of all that has changed


 


eg if we were using scottish power but now use utility warehouse, those details will be out of date


 


or if our council tax was at a different address, it will now be at a different address than before.




Is it sensible and agreeable to write to them especially if the application is over 6 months old and provide them with the details of our new utililties and reassure them that we are still married



AND



should we remind them that we cannot go on and do a lot of basic things because for example, they have all of both our birth certificates, passports, identification documents, and all our educational certificates for myself and my husband



I just cannot work out why on earth any government office would reasonably hold on to that much of a bulk of personal material/ documentation and only write us a short letter to say to him to go register biometrics since July.



We both explored and I personally trawled the UKBA guidance notes prior to making the application and we have provided every single detail that they asked for and more relating to income, residence etc.


 


Truthfully, I have already now decided it will be wise to write to them and attach any documents that indicate any changes to them and also to include any other information that may speed up the matter


 


And I also decided I would ask my husband not to make any FIR requests to them as it can make things take longer.


 


And I won't ask for any documents but hint that time being of the essence we have waited quite a while and perhaps cite the standard timelines they quote on ukba website for answering applications.


 


Thanks for the effort, sadly, the reply comes a good four/five days after I needed an answer, doesnt answer my question and also took longer than the 24 hours I expected on subscribing.


 


Well done for picking up the question and answering.


 


 

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