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UK Spouse Visa from Dubai

Dear Alethia,
I would be really grateful for some advice.
My husband is a Pakistani residing in Dubai and wants to apply for a Spouse visa from Dubai. I am a Pakistani, settled (got my ILR in November 2016) and working in UK. We got married in March 2016 in Dubai.
I have a couple of questions:
1)I understand my husband needs to submit his own documents,passport &application at VFS Dubai but I want to know where do I need to submit my documents(p60, payslips,bank statements,employer letter,passport,BRP)- at VFS Dubai or at Sheffield, UK?
This question cropped up in my mind after I saw that people applying from Pakistan need to submit all evidence directly to Sheffield by post. Is the same procedure applicable for people applying from Dubai as well?

2) I was on a Tier 2 General visa until I got my ILR in November 2016. I read the following on the UK visa website.
"Your partner originally had a temporary visa as a worker
If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.
Find out how to apply as a ‘dependant’ (partner or child under 18) if your partner or parent settled as someone with a:
Tier 1 (General) visa
Tier 1 (Exceptional Talent) visa
Tier 1 (Investor) visa
Tier 1 (Entrepreneur) visa
Tier 1 (Graduate Entrepreneur) visa
Tier 2 (General) skilled worker visa
Tier 2 (Minister of Religion) visa
Tier 2 (Sportsperson) visa
Tier 2 (Intra-company Transfer) visa
Tier 5 (Temporary Worker – International Agreement) visa"

Does this mean my husband can't apply for a spouse visa and has to apply for a Tier2 Dependant visa? If yes, then with regards to him being able to work in the UK, is there any difference in both the visas?

3) Our original marriage certificate was in Arabic, got it legally translated to English, then attested by Ministry of Justice Dubai and Ministry of Foreign affairs Dubai. Does it need anymore attestation like either from British Embassy UAE as it needs to be submitted for UK Visa? Or further attestation from Pakistan Embassy in Dubai as we are both Pakistani nationals?

I would be really grateful for your help.

Kind regards,
qnaz

Comments

  • Also I forgot to write another question
    4) I am currently pregnant with our first child. EDD mid August 2017.
    Best time to apply for spouse visa in our case?
    Bearing in mind my last full payslip will be July 2017 and Maternity pay will commence in August 2017 for at least 6 months.
    4a) If we apply before maternity starts, I fulfil Category A of Financial requirement.
    Once Maternity pay starts I don't really understand what category we fit into?

    4b) Also he wants to be here with me at the time of delivery in August as I am all alone here. However, he has already got a 5 year visit visa valid till April 2018.
    --- Will it cause problems in future Spouse visa applications if he stays for say 2 months on this current visit visa with me in UK during and after childbirth (August-September 2017)?

    4c) I become eligible to apply for citizenship in Nov 2017, hence I have decided I shall travel back to Dubai during my maternity leave (as all my family is in Dubai) only after applying for it via NCS, so that my ILR stay period doesn't get affected and I can keep my passport.

    ---If we decide to apply for his spouse visa in Nov 2017, once I reach Dubai, will it cause any problems a) as my citizenship application will already be in progress b) I will be on Maternity pay so really don't know how will I fulfill financial requirements?
     

    5) For the proof of our subsisting relationship, in addition to our travel together, etc,I understand we need to submit communication via Skype/WhatsApp/Facebook. Is that just screen shots?
    What about postal cards, letters, diaries- does one have to submit originals or copies? Or are the originals scanned at VFS?

    Any help, from anyone who has applied for a UK spouse visa from Dubai, would be much appreciated !

    Many thanks.
  • @qnaz
    I cannot tell you when to apply for the settlement visa you need to read the legal requirements and then decide.

    All applications are governed by the Immigration Rules. You need to follow the rules set out in Appendix FM appendix FM SE not what is written on websites.

    Here are the immigration rules relating to bringing a spouse ( husband or wife) to the UK
    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

    Here are the Immigration Rules relating to the specified evidence you are required to provide by law, it you omit any of the documents or your employer letter does not state the requirements stated in Appendix FM SE the visa will be refused. Read carefully Paragraphs 5 and 6 which pertain to you then make your decision on when to apply for the settlement visa.
    https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

    If you cant fill the financial requirements while you are on maternity leave you will need to return to work, so to me it seems sensible to apply before you stop working.

    Applicants who legally reside in the UAE do not need to send their documents to the UK, as there is a UK government Decision Making Centre in the UAE.
    All applications are completed on line, paid for on line and the apppointment for the biometric appointment/ document drop off made on line along with the IHS healthcare payment.
    Your husband will submit a copy of his on line application form and all supporting documents to the Dubai UK VFS Global Visa Application Centre
    http://www.vfsglobal.co.uk/UAE/vfsglobalintroduction.html

    If your husband has a valid visit visa he can visit the UK to attend the birth and as long as he leaves in time this will not affect the visa application.

    As proof of communication you can print off screen shots, WhatsApp prints off well. You do not need to send diaries, but cards, phone bills and letters are acceptable. I would think you will have many pages of communication.
    Wedding photos, (not videos) photos of you together after marriage or after the birth of your child are also needed

    ALL DOCUMENTS MUST BE ORIGINALS.

    VFS do not scan documents if you want copies of documents you are submitting you must take them yourself.

    Finally your marriage certificate needs no further certification.
  • Thank you very much Alethia for your prompt response.
    The questions about Tier 2 dependant vs spouse visa is based on direct quote from the UK gov website where it states the exceptions and not from any random website.

    https://www.gov.uk/remain-in-uk-family/exceptions

    Hence this question cropped in my mind.

    What is your advice after checking the link above?
  • Also with regards to maternity pay , after a lot of searching I found this in Appendix_FM_1_7_Financial requirements on page 33:

    Example (a) The applicant’s partner is in the UK, has recently had a baby and returned to work from maternity leave 2 months prior to the date of application. Her contracted salary is £19,400 a year. She has been with her current employer for 2 years but, as she has not been earning the required level of income for all of the last 6 months because of her maternity leave, the period to be assessed can be the 6 months before she began her maternity leave.

    Also it says:

    5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in the respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided: (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. (b) Payslips covering: (i) a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)).
    (c) A letter from the employer confirming: (i) the length of the person's employment; (ii) the gross annual salary and the period over which it has been paid at this level; (iii) the entitlement to maternity, paternity, parental or adoption leave; and (iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave. In addition to the evidence listed above, P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

    For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application, regardless of whether that employment was held throughout that period.

    What is your expert advice on this? As after reading this I think one can apply whilst being on maternity pay by considering the financial period to 6 months prior to the start of the maternity period (as I have been with the same employer for 5 years), what are your thoughts?
  • @qnaz
    I am fully awatre of the link but I believe it relates to Tier 1 through 5 if the dependent is already in the UK and the main Tier 1-5 applies for ILR or Citizenship and the dependent is not eligible having entered the UK after their spouse and had not completed the 5 years. They are not eligble for FLR(M) but must apply as a Tier 1-5 dependent.
    I cannot find anything in appendix FM relating to this.

    If you read my first reply carefully I gave you the link to Appendix FM paragraph 5 to help you to decide when to apply.

    This is not an in depth consultation, it is my opinion in brief.
  • Thanks Alethia.
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