Acceptance Of Affidavit For Proof Or Return - Uk Visitor Visa (Pending Spouse Visa Application)

[AngryParent]

Does anybody know if a legally acceptable document under the law - an affidavit - will be acceptable as proof of return for a family visit visa UK?

Assuming the affidavit is properly legally witnessed and signed etc and states the full intent and desire to return at the end of the 6 months.

The vist visa will ensure that a family is not seperated for 6 months (the time the UK citizen spouse will need to return to the UK, after living in Thailand, to satisfy employment criteria for the Thai spouse).

Thanks.

[theoldgit]

No, such an undertaking would not be accepted under UK Immigration Laws.

Sent from my iPhone using ThaiVisa app

[ThaiVisaExpress]

Such a document is not acceptable as it is not legally enforceable. An affidavit is only a document witnesed by a notary or a solicitor, and is not necessarily poof of anything. Saying that an applicant will leave the Uk, and actually enforcing that, are two completely separate things.

That said, why is an affidavit necessary ? We have submitted applications for exactly the circumstances you describe, and the visas have been issued. In fact, one was issued as recently as last week.

[AngryParent]

Such a document is not acceptable as it is not legally enforceable. An affidavit is only a document witnesed by a notary or a solicitor, and is not necessarily poof of anything. Saying that an applicant will leave the Uk, and actually enforcing that, are two completely separate things.

That said, why is an affidavit necessary ? We have submitted applications for exactly the circumstances you describe, and the visas have been issued. In fact, one was issued as recently as last week.

OK. Thanks.

As per my topic a few months back, specifically my situation, there was debate that it might be hard to satisfy the proof of return for the Thai spouse.

You now say that such visas are being given - can you tell me what are the requirments of such (6 month family vist visa prior to spouse visa appilcation) e.g. income, savings, Thai spouse situation etc.

Thanks.

Edited February 10, 2013 by AngryParent

[theoldgit]

You now say that such visas are being given - can you tell me what are the requirments of such (6 month family vist visa prior to spouse visa appilcation) e.g. income, savings, Thai spouse situation etc.

Such visas have always been given in the circumstances you describe, but the onus of proof remains with the applicant.

Your wife needs to demonstrate that this is a genuine visit, more difficult if she intends to stay for six months, but perfectly legal, she needs to prove that the trip is affordable and, on the balance of probabilities, she will leave the UK before her visa expires.

The application will be treated as a standard Family Visit Visa, not one prior to a spouse visa, though I would mention your intentions in your covering letters. There is no set figure for income and/or savings, she needs to satisfy the ECO that there are sufficient funds available for her proposed trip, I would provide an itinerary.

As I say, if she intends to apply for a Settlement Visa down the line I would say so in your covering letters, maybe adding why she is not applying for it at this stage, clearly she doesn't want to jeopardise any future application by overstaying her Visit Visa.