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UK Settlement visa for wife and step-son


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Hello,

I've just started the process of applying for my wife and 7 year-old step-son's settlement visa's to the UK and would really appreciate some help with a few things I'm not too sure about please. We also have a 1 year-old Daughter with dual nationality who will be coming with them.

Accommodation.

I'm currently living in England at my parents house and my parents are happy for them to come and live here. Our plan is to stay at my parents for 6 months while we save for a place of our own. Should I mention this in the application?

My parents house has 3 bedrooms, 1 for my parents, 1 for me and my wife and 1 for the children. Will this be acceptable for settlement visa's? We was successful with our family visitors visa's earlier this year with this arrangement.

Financial requirements.

I'm self-employed and meet the £22,400 requirement and have all the evidence needed apart from an accountants certificate of confirmation. My accountant has never heard of this before and I'm struggling to find any information about it. Is there a format or template for it? or will a short letter certifying my accounts and signed by my accountant be ok?

Sole responsibility.

My wife has raised her son since birth and they have never been apart. His biological father has never been involved in his life, not even met him. My wife has a Kor Por 14 for him and his name is in her house book. Will this be enough evidence to prove sole responsibility? If not what else can we use? my wife has receipts from his school.

I think I have everything else covered, My wife passed her ket English test recently and had her TB screening done.

Any advice will be very much appreciated.

Thanks,

Jim.

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Accommodation

Living with your parents is not a problem; provided there is room for you all.

Your parents should write a letter of invitation, describing the property and saying who else lives there to show there is room for you all. If possible they should provide proof of ownership if they own, or a letter from their landlord confirming that you can live there and that there is room for you if they rent.

The ECO will be concerned about your living arrangements on their arrival; not what they may be in the future. mentioning that this is a temporary arrangement should neither help nor hinder the applications.

Finance

I think that a simple letter from your accountant certifying the accounts is sufficient. But this certificate of confirmation is an option; other evidence can be used instead.

From Appendix FM-SE, Para 7.



(h) One of the following documents must also be submitted:

(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant's certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);

(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;

(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or

(iv) A franchise agreement signed by both parties.

(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.


Sole Responsibility

Issues of sole responsibility only usually only arise when parent and child have not been living together for the child's entire life.

As your step son has been living with his mother since birth and is applying at the same time as his mother then I cannot see, from what you have said, there being any issues in this area.

Supply the KP 14 and any other evidence to show that they have been living together and still are.

But;

  • Were she and the father married?
  • If yes, who was given legal custody on the divorce?

A KP14 is accepted by the ECOs as evidence of cohabitation and responsibility; but it is not a legal custody document. If she does not have one, she will need to get one.

If the father is both contactable and agreeable this can easily be done by a short visit to the ampur. If he is not, then she will need to go to court; which was the case for my wife and it took nearly a year!

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Thanks for the quick reply,

My wife was never married to her son's father so we shouldn't have a problem there.

We have a KP14 already. Do you have any ideas on what other evidence we can use to prove they have been living together and still are?

Thanks,

Jim.

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Thanks again 7by7,

I filled in the online application at the visa4uk site (not submitted it yet), Do I need to complete the VAF4A form too? or is it the same thing, they look very similar to me.

And do I need to print and complete VAF4A appendix 2 the financial requirement form?

This is starting to get a bit confusing now, they don't like to make things easy.

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You do not need to compete the paper VAF4A form (it is the same as the online form); but you do need to print out the online forms for them each and have them signed. You should be prompted to do this at the end of the process.

Yes, you do need to print out and complete the financial appendix and this, together with the required evidence, must be submitted with the application and other supporting documents when they attend the VAC.

You do need separate application forms for your wife and step child, but can use the same supporting documents for them both; including the financial appendix.

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As a backup for the residency we put down that we were moving to my Mum and Dads. My wife was pregnant which we stated on the application and it's a 2 bedroomed place.

We stayed there about 4 months before returning to Thailand for a few months after he was born then returning and getting our own place.

We just provided a copy of her Secured Tenancy agreement and an invitation letter.

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