Sample Petition cover letter for R1 visa application

We have covered in previous articles the steps involved in applying for an R1 American visa. The basic requirements include specific documentation from the sponsoring religious body (church or other institution) where the applicant will be employed for the duration of his stay.

These include determination letters from the IRS establishing that they are a bona fide non-profit religious organization recognized as tax-exempt; documents showing the religious worker will be compensated for work done in cash or kind; and other ancillary documents where applicable such as tax returns, etc.

We also stated that the applicant himself must provide certain requirements as well on his own end. These include filling out a Nonimmigrant Visa Electronic Application (DS-160) Form; having a valid travel passport; paying the necessary visa application fees and visa issuance fees where applicable.

Who can File a Petition?

Generally, A U.S. employer (which in this case is a religious organization) may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed (See Part 1. or Part 2 of the Instructions for Petition for Nonimmigrant Worker, USCIS Form I-129  https://www.uscis.gov/sites/default/files/files/form/i-129instr.pdf)

Why a Cover Letter?

The purpose of a cover letter is to introduce yourself to an organization. In this case, it is used to introduce the petitioner to the United States Citizenship and Immigration Services (USCIS) and provide a breakdown of all relevant documents accompanying the letter and petition (Form I-129).

Note: Form I-129 is a separate form from the cover letter, which should be FILLED IN by the petitioner with the necessary information. This form is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien beneficiary to come temporarily to the United States as a nonimmigrant to perform services or labor, or to receive training. Form I-129 consists of the: 1. Basic petition; 2. Individual supplements relating to specific classifications; and 3. H-1B Data Collection and Filing Fee Exemption Supplement (required for H-1B and H-1B1 classifications only)

What Should the Cover Letter Include?

  • The cover letter should be dated.
  • If written by a representing attorney, the letter should be written on the appropriate letterhead.
  • It should be addressed to the United States Citizenship and Immigration Services, and attention the I-129 Division.
  • It should be properly headed RE: PETITION FOR _____
  • The petitioner’s name and Beneficiary’s name (i.e the religious worker) should also be clearly identified.
  • A list of the necessary enclosed documents should be listed: The Form I-129. Evidence of the institution’s tax-exempt status. If the religious worker i.e the Beneficiary, will be working as a minister, a copy of the religious worker’s certificate of ordination or similar documents must be provided. Also needed are documents showing acceptance of the religious worker’s qualification as a minister in the religious denomination, as well as evidence that he or she completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination. If the denomination doesn’t require academic qualifications, they must provide their requirements to be ordained as a minister and show a list of duties performed by same. Evidence of payment of necessary fees.

 

An example of a cover letter is as follows:

John Doe, Esq.

John Doe & Co.,

123 Sycamoure Avenue, Townsville, FL.

(555) 3678198; FAX: (555) 0910910

www.johndoe@zmail.com

May 30, 2018

U.S. Citizenship & Immigration Services California Service Center,

Attention: I-129 Unit,

P.O. Box 123, PA 12345-1234.

RE: PETITION for R-1 NONIMIGRANT RELIGIOUS WORKER

Petitioner: Rev. James Smith, Rev-in-Charge, Latterhouse Ecumenical Bible Centre.

Beneficiary: Mr. Abel Bean.

Dear Sir,

The above subject matter refers. I am the attorney for the petitioner and beneficiary in the above matter. Please find Form G-28, Notice of Entry of Appearance as Attorney, attached and enter my appearance in this matter.

The following applications and documentation have been enclosed:

  1. Petition for Nonimmigrant Worker (Form I-129), with R Classification Supplement, and a check in the amount of $320.00;
  2. Petitioner’s Letter in support of R-1 visa petition describing Beneficiary’s religious affiliation, qualifications, duties, and remuneration;
  3. Letter from the State of Colorado Franchise Tax Board recognizing tax exempt status of Latterhouse Ecumenical Bible Centre;
  4. Supporting letter from Reverend George Doe of the Lutheran Episcopal Church of Nigeria, confirming Beneficiary’s ordination as a full-time Minister of the Lutheran Church, and also outlining his duties and remuneration, and relation of the Latterhouse Ecumenical Centre to the Lutheran Episcopal Church of Nigeria.
  5. Supporting letter from Reverend George Doe of the Lutheran Episcopal Church of Nigeria, confirming Beneficiary’s position as Secretary as well prior position of Assistant Secretary of the Lutheran Episcopal Church of Nigeria, Abuja Diocese,
  6. Ordination Certificate of the Beneficiary as a full-time minister of the Lutheran Episcopal Church of Nigeria.
  7. Copy of Beneficiary’s Certificate from Theological College of Northern Nigeria;
  8. A copy of the Beneficiary’s birth certificate;
  9. Copy of Beneficiary’s Passport Identification page.

We urgently entreat your speedy processing of this petition so as to enable the Beneficiary’s arrival in the United States at the soonest possible time to resume his duties as his presence is urgently needed for the smooth running of the official activities of the Petitioning body’s calendar year, which have already started.

Please contact me immediately if there are omissions or other required information not already included in this conveyance. Thank you in advance for your cooperation and assistance.

Yours faithfully,

John Doe, Esq.

 

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R2 Visa: What it is and how to get it.

A visa is an endorsement made on your passport that allows you to enter or stay in a country for a specific period of time. Generally, foreign nationals wishing to enter the United States of America must obtain a visa. The R2 Visa is just one of many visas available to non-us citizens.

There are different types of visas. There are long-term and short-term stay visas. Visas also come in categories, depending on the kind of traveler you are and your reason for traveling.

Travelers wishing to enter another country must generally apply in advance sometimes in person at a consular office, by mail or over the internet. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying.

Types of Visas for U.S Travel

In the U.S, the visa directory is alphabetized from A to V, with each letter representing a category or type. For instance, A1-3 visas are issued to diplomats and foreign government officials. F-1 visas are most commonly granted to international students to study in the U.S. This type of visa is given to individuals who have been accepted into an accredited university or college in the US to pursue academic studies or English language program.

There are mainly two types of immigration visas: Non-immigrant visas for a temporary stay in the country and Immigrant visas for a permanent stay in the country. There are over 60 types of non-immigrants visas available for international citizens.

What is an R2 Visa?  

We have previously talked about theR1 visa. What it is and how to get it. (insert link to R1 article) Incidental to that is the R2 visa.

An R2 visa is a US temporary visa that authorizes the spouse and unmarried child (below 21 years) of an R1 visa holder to enter into the United States. Also, a person accompanying or joining the R-1 religious worker in the U.S is categorized under R2 status. The R2 status holder(s) can stay in the country as long as the R1 holder remains in legal status. In other words, an individual loses his/her R-2 status once the principal R-1 person loses lawful status.

We’ve said before that the R1 visa is a non-immigrant religious work visa issued to the following types of people-

Members of religious a group or community who have an authentic nonprofit, religious institute in the United States;

Aliens entering the US to work exclusively as the minister of a religious community or group;

US nonprofit religious organizations that recruit alien religious workers in various religious vocations, including religious instructors, liturgical workers, missionaries, catechists, etc.

What can I do on an R2 Visa?     

With an R2 visa, are permitted to study while in the United States, but are not authorized to accept employment. Under any circumstances, people with this visa are not allowed to earn income in the US. If you wish to work in the country, you must obtain a work visa which is a temporary approval to live and work in the country. You may also apply for a Green Card while on R2 status.

Anyone wishing to change the purpose of their visit while resident in the US on an R2 visa has to change or adjust their visa status. For this purpose, the R2 visa holder must file Form I-360 (application for special immigrant) and Form I-485 (application for Adjustment of Status).

How long does the R2 Visa last?

The initial R-2 visa may be granted for a period of up to three years. If the carrier wishes to stay longer, they can apply for an extension in which case, the applicant must submit Form I-129 (petition for a nonimmigrant worker extension) to the USCIS.  USCIS is the U.S. Citizenship and Immigration Services- the federal agency tasked with overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States.

Generally, a person’s stay may be extended for a period of up to two years. The total period of stay for a person holding R2 dependent visa may not exceed five years.

Who can Sponsor an R2 visa?    

The holder of an R1 visa is able to sponsor family members (a spouse and up to 4 dependent children under 21) or other persons accompanying, by virtue of his status.

How do I apply for an R2 visa?

There are various steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Consult the instructions available on the embassy or consulate website where you will apply.

Generally though you need the following.

  • Fill out a Nonimmigrant Visa Electronic Application (DS-160) Form. You can access it here.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States.
  • You will upload your photo while completing the online form DS-160. All photos must be in a particular format specified on the website.
  • A receipt showing payment of your US$190 non-refundable nonimmigrant visa application processing fee, paid in local currency. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. Check the embassy’s website in your country to find out if you must pay a visa issuance reciprocity fee and what the fee amount is.
  • The applicant must schedule an appointment for the visa interview at the Embassy/Consulate. While interviews are generally not required for applicants of certain ages, consular officers have the discretion to require an interview of any applicant, regardless of age. 

Additionally, a person applying for an R2 visa must have the following documents-

  • All documents required for the R-1 visa they want to attach to. (Read How to get R1 visa)
  • Original birth certificates for each dependent child. Note: children must be below 21 years old and unmarried.
  • Marriage registration certificate of the spouse.
  • Proof of a marital relationship, such as wedding ceremony photos, etc.
  • A fine quality photocopy (all 36 pages) or the original of the spouse’s passport.
  • Evidence of financial support. This is very important as an R1 holder must demonstrate that they will be able to financially support their family in the United States. Remember, R2 holders are allowed to study while in the United States, but are not authorized to accept employment.
  • The copy of the contract between the employer and the R1 religious worker in the US.

When the visa is approved you, will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up.

This entry was posted in Visa on by .

R1 Visa: What it is and how to get it.

Generally, foreign nationals wishing to enter the United States of America must obtain a visa. A visa is an endorsement made on your passport that allows you to enter or stay in a country for a specific period of time. An R1 Visa is just one of many US Visa types.

There are different types of visas. There are long-term and short-term stay visas. Visas also come in categories, depending on the kind of traveler you are and your reason for traveling.

Travelers wishing to enter another country must generally apply in advance sometimes in person at a consular office, by mail or over the internet. As a visa applicant, you will need to establish that you meet all requirements to receive the category of visa for which you are applying.

Types of Visas for U.S Travel

In the U.S, the visa directory is alphabetized from A to V, with each letter representing a category or type. For instance, A1-3 visas are issued to diplomats and foreign government officials. F-1 visas are most commonly granted to international students to study in the U.S. This type of visa is given to individuals who have been accepted into an accredited university or college in the US to pursue academic studies or English language program.

There are mainly two types of immigration visas: Non-immigrant visas for a temporary stay in the country and Immigrant visas for a permanent stay in the country. There are over 60 types of non-immigrants visas available for international citizens.

What is an R1 Visa?      

An R1 visa is the non-immigrant visa for religious workers and clergy. You have to be sponsored by a non -profit entity of your religion, along with documents showing your credentials for the position. This visa allows religious workers, that is, persons working in the religious vocation or occupation to work in the U.S. for a period up to 5 years.

An R-1 candidate is a foreign national who is coming to the United States temporarily to work as a minister or in another religious vocation or occupation at least part time,- which is an average of at least 20 hours per week.

Bodies that can sponsor such visas are:

  • A non-profit religious organization in the United States;
  • A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
  • A non-profit religious organization which is affiliated with a religious denomination in the United States.

What can I do on an R1 Visa?  

You can engage in full time study, get paid for services rendered, apply for a green card or an R2 dependent visa for a spouse or for children under 21 years of age, and travel in and out of the U.S. There are no travel restrictions on the R1 visa.

How long does it last?

An R-1 visa is issued for an initial period of up to 30 months. This can be extended for an additional 30 months. Your total period of stay in the United States in R-1 classification as a religious worker cannot exceed five years (60 months).

Who can Sponsor an R1 visa?    

Churches and organizations can be sponsors. In order to sponsor an R-1 visa, the body must be a bona fide non-profit religious organization in the U.S, which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 or a religious organization that has never sought such exemptions, but would otherwise be eligible for such status.

This visa program is intended for religious workers whose lives are dedicated to religious practices and functions, as distinguished from secular members of the religion.

How do I apply for an R1 visa?

An R-1 visa petition must first be submitted in the United States by the petitioning organization regardless of whether or not the individual being sponsored is inside or outside the United States.

If you are already in the United States in a valid non-immigrant status, you may apply to “change status” as part of the petition.

If you are outside of the US, you will have to apply for an R-1 visa stamp at a United States Consulate abroad after the R-1 petition has been approved.

To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before the filing of the petition.

A prospective or existing U.S. employer (petitioner) must file Form I-129, Petition for Nonimmigrant Worker, on behalf of foreign nationals (beneficiary) seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation.

An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior USCIS approval of Form I-129. This process allows USCIS to review the petition to determine whether the petitioning organization and the beneficiary have met their respective eligibility requirements for this nonimmigrant classification (R1).

* USCIS is the U.S. Citizenship and Immigration Services- the federal agency tasked with overseeing the lawful immigration of foreign nationals who are temporarily or permanently settling in the United States.

On approval of the petition, the embassy/consulate will then determine whether the foreign national is eligible to receive the R-1 nonimmigrant visa.

What documents are needed?

The petitioner must provide other documentation including-

  • A valid determination letter from the IRS establishing that they are a bona fide non-profit religious organization recognized as tax-exempt under a group tax exemption.
  • Where a petitioning organization is not classified under “religious organizations” by the Internal Revenue Service, they may establish that they are affiliated with a religious denomination by completing the Religious Denomination Certification in the revised Form I-129. The religious denomination certification should be signed by an organization other than the petitioning organization, and attest that the petitioning organization is part of the same religious denomination as the attesting organization. For instance, a branch of the Lutheran church must certify that another branch is actually part of the greater body- e.g the Lutheran World Federation.

They must also present, like in the first example-

  • A currently valid determination letter from the IRS establishing that the organization is tax-exempt, in addition to
  • documents establishing the religious nature and purpose of the organization,
  • organizational literature describing the religious purpose and nature of the activities of the organization, and
  • A religious denomination certification stating that the petitioning organization is affiliated with the religious denomination.
  • Proof of compensation. Religious workers generally must be compensated. Compensation may include either salaried or non-salaried compensation. Evidence showing how the organization will compensate the religious worker may include:
  • Past evidence of compensation for similar positions;
  • Budgets showing money set aside for salaries, leases, etc.;
  • Evidence that room and board will be provided to the religious worker.
  • If available, IRS documents such as the religious worker’s Form W-2 or certified tax returns must be provided. *A W-2 form is the form that an employer must send an employee and the Internal Revenue Service (IRS) at the end of the year showing an employee’s annual wages and the amount of taxes withheld from his or her paycheck. If the documents are not available, an explanation is required and comparable, verifiable documentation must be provided.

The foreign national or beneficiary must also provide the following-

  • Fill out a Nonimmigrant Visa Electronic Application (DS-160) Form. You can access it at www.travel.state.gov.
  • A passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States.
  • You will upload your photo while completing the online form DS-160. All photos must be in a particular format specified on the website.
  • A receipt showing payment of your US$190 non-refundable nonimmigrant visa application processing fee, paid in local currency. If a visa is issued, there may be an additional visa issuance reciprocity fee, depending on your nationality. The US Department of State’s website can help you find out if you must pay a visa issuance reciprocity fee and what the fee amount is.
  • The receipt number printed on your approved I-129 petition.
  • Proof of membership of a bona fide non-profit religious organization in the U.S for at least two years immediately before filing for the visa.
  • If the religious worker will be working as a minister, a copy of the religious worker’s certificate of ordination or similar documents must be provided. Also needed are documents showing acceptance of the religious worker’s qualification as a minister in the religious denomination, as well as evidence that he or she completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination. If the denomination doesn’t require academic qualifications, they must provide their requirements to be ordained as a minister and show a list of duties performed by same.
  • The applicant must schedule an appointment for the visa interview at the Embassy/Consulate. A non-refundable visa application fee of $160 must be paid before the interview, and an issuance fee may be paid upon approval of the visa.

Who is a Minister?

You can be classified as a minister of religion if you are authorized by a religious denomination and fully trained according to the denomination’s standards to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that denomination. Ministers include pastors, reverends, priests, etc. People with religious vocations or occupations also qualify for R1 status such as nuns, monks. Other examples of religious occupations are liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospital or religious health care facilities, missionaries, religious translators or broadcasters.  The applicant must be able to show their relevant status within the religious organization.

Caution: Working within a religious facility does not, in itself, qualify a lay person for R-1 classification. Your duties must be related to a traditional religious function. Such duties do not include positions that are mainly administrative or support staff. Examples of occupations that would NOT qualify are janitors, maintenance workers, clerks, and fund raisers. The job must have a “religious significance”. However, limited administrative duties that are incidental to the religious workers’ functions are permissible.

Note: religious study or training for religious work does not constitute a religious occupation for purposes of seeking R1 status, but a religious worker may pursue study or training incident to status.

 

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How to Write an Invitation Letter for a Visa to Visit Norway

Between its northern lights, history and mountain-scapes, there are no shortage of reasons to visit Norway. Sure, the country has recorded a 5.7% visa rejection rate, (one of the highest among Scandinavian countries), but Norway is no ordinary Nordic country – and to gain entry into UN’s (2013) second, happiest place on earth is no ordinary feat.

Why Do You Need An Invitation Letter For a Visa To Visit Norway?

Depending on your purpose for visiting Norway, there are various requirements demanded by the country/immigration authorities when entering new territory. When going on a visit to Norway, one of such critical requirements is a letter from a resident/citizen of the host country verifying that you have been duly invited and will be hosted accordingly. While the terms may vary for different reasons for travel, individuals seeking a Norwegian Schengen visitor’s visa must either have an invitation letter from their host or a letter that explains an elaborate account of the purpose of their visit.

When Do You Need An Invitation Letter For a Visa To Visit Norway?

According to the Schengen agreement established in 1995, citizens of 26 European nations stated here are excluded from the need for standard short-stay visas.  The 1995 agreement marked the annulment of any internal borders between their member nations. By that standard, citizens of the member countries are entitled to Uniform Schengen Visas (USV), which is a visa that permits any holder to travel through or reside in any of the member territories for up to 90 days after entry.

Citizens of other countries are exempted from the agreement and by implication, must apply for the appropriate visa when seeking to visit Norway or any other Schengen country. In this case the visa that applies is a Limited Territorial Validity Visa (LTV) that allows the holder travel only within the specified state that was mentioned when applying for said visa.

Categories of Invitation Letter for a Visa To Visit Norway

Limited territorial validity visas often have similar limitations. However, depending on who the invitation letter came from, it may serve slightly different functions.

  • Invitation from family/friends

Invitation letters from family and friends are written by the host to the invitee who is a friend or relative to the Norwegian resident/citizen. They are expected to submit the letter along with the other visa application documents to the embassy. Alternately, some embassies may have an application form that can be used rather than a letter. If such a form is available on the embassy website, then the host may simply fill the form rather than writing an invitation letter.

  • Invitation from business/organization

This is written by a business as a means to formally invite anyone to their organization – they are preferably written on company stationery. On the other hand, the embassies application form available on their website might be a great alternative to a letter.

Elements That an Invitation Letter for A Visa To Visit Norway Must Contain

Like the application from, a standard invitation letter should contain –

  • Your name and personal information, including that of the host.
  • The purpose of your visit/invitation – whether for tourist or business purposes.
  • Suggested take-off dates as well as any other date significant to the visit.
  • Information about the relationship between you and said host
  • Information regarding who will cover the expenses of the trip/proof of how you will fund the trip yourself
  • An overview of your itinerary
  • A letter declaring your intention to return to your home country after the trip.

 

Sample Invitation Letter for A Visa To Visit Norway –Family/Friend

Jane  Doe
Trakka 208,

Haslum, Baerum
PMB 351234
1-234-567-8901

12th April 2018

Sade Aliyu
1234 Alex Ekueme St.
Abuja, Nigeria.
234-567-890

Dear Sade,

This as a formal invitation for you to visit me in the Norway for 1 month.  I have missed you terribly and I am looking forward to sharing little tit-bits of my life as things fall into place in this gorgeous country.

I will be fully responsible for your accommodation, transportation and other expenses within the Norway for the duration of your stay. I am sure this will be a good opportunity for you to experience the American culture and meet with some of my new friends and neighbor.

Kindly, take this letter along with you for your visa interview. I look forward to having you with me this summer.

I love and miss you.

Your friend,

Jane Doe

 

Sample Invitation Letter for A Visa To Visit Norway –Business/Organization

[COMPANY LETTERHEAD OF NORWEGIAN BUSINESS]

20th May  2022

The Embassy of Norway54, T.Y Danjuma Street,

Asokoro, Abuja
PMB 5136, Wuse
1-234-567-8901

 

 

Dear Sir/Madam

Sade Aliyu : Passport No – 123456789

I am writing to confirm that Ms. Sade Aliyu is an employee of Boost First Limited, and is working as a quality control analyst and consultant .

Ms Aliyu has been an employee since January 2018 and her  total remuneration is $85,000 per annum after deductions. Her job at Boost First Limited relates to carrying out delivering quality control reports and offering her expert deductions on our products before sales – and since her job is remote she often shuttles between company’s headquarters and her home country

She has been invited once again to  represent our organization in the Annual Quality Control Seminar titled – Q.A and Us.  The conference is scheduled to hold on the 17th of August 2022, and her expenses will be fully catered for by the company.

Kindly contact me at vp@boostfirst.com  for any further clarification you might require.

Thank you.

Sincerely

(Sign)

Sondre C Husebo

Vice president

Boost First International

 

Other Requirements For A Visa To Visit Norway

Other than the invitation letter, other key documents are significant for the visa acquiring process including –

·      A recent passport photograph

·      Mandatory documents regarding the appropriate Embassy/ Consulate

·      As well as your Visa fees

 

Ultimately, remember to offer strictly truthful responses to every question/query; afterall, that just may be all you need on that trip to the Scandinavian mountains – courage and a bag-pack of honesty.

This entry was posted in Norway on by .

Immigration Letter of support with samples

An immigration letter of support is simply a letter written to aid the case of a prospective immigrant in his immigration proceeding, help plead his case for naturalization, help prove the authenticity of a marriage to a citizen or help an illegal immigrant remain in a country.

For the purpose of this article, the subject of this letter (the person in need of this letter/the person whose immigration status is being determined) would be referred to as ‘Immigrant’.

An immigration letter of support is not a basis of deciding the immigration status of the immigrant, rather it is used to support the testimony already admitted to the immigration court. In the United States and some other countries, this letter is in the form of an affidavit. This letter does not touch on issues as to the legality of the immigrant’s stay/entry but on three major issues (depending on the nature of the desired citizenship status e.g. by marriage or naturalization);

  1. His moral and ethical standing and value as a member of the community; Character Reference.
  2. The emotional and financial turmoil that the denial of the immigration application may cause; Responsibility.
  3. The authenticity of the marriage between the immigrant and the spouse who is a citizen.

These three issues can be addressed in the same letter or in three different letters when they are written by different people. It is in fact preferable that the issues should be addressed in different letters written by different people. The letter addressing the issue of Emotional and Financial turmoil a denial of the immigration application may cause is usually written by family members or friends of the Immigrant, preferably those living with the immigrant, on the other hand, Character Reference and Marital Authenticity is usually written by an Employer, Work colleague, Spiritual head or Neighbor of the Immigrant because they are in a position to be more objective than the family members of the Immigrant and so their claims would carry more weight.

 

THE WRITERS AND INTENDED RECEIVERS OF AN IMMIGRATION LETTER OF SUPPORT

An immigration letter of support is generally written by anyone in a close relationship with the immigrant. It could be a family member or any other person in a position to possess knowledge of and endorse the character and reputation of the immigrant. Examples of people in the latter category are;

  1. Neighbors of the Immigrant
  2. Friend of the Immigrant
  3. Employer of the Immigrant
  4. Work colleague of the Immigrant
  5. Church member of the Immigrant/Fellow worshippers at the mosque of the Immigrant

 

An immigration letter of support should be addressed to the petitioner’s attorney not to immigration or the Court, but it can be addressed to the Court in some situations where you don’t know who the petitioner is, and in cases where you are not sure how to address the Court, you may simply address it to ‘To whom it may concern’.

 

CONTENT OF AN IMMIGRATION LETTER OF SUPPORT

An immigration letter of support is a simple but formal letter and should be written as such. the basic format is; Address, Introduction, Body of the letter, Conclusion and Complementary Close.

  1. Address and Date: If the writer of the letter is the employer or spiritual head, he should write the letter on a letter headed paper hence removing the need for writing his address, this is more persuasive to the court because it has an appearance of authenticity. However, if the writer does not work or have a letter headed paper, he can simply write his residential address.
  2. Introduction: This part of the letter ought to contain particulars of the writer (name, age, occupation and citizenship status) relationship with the Immigrant (type and length of relationship) and the object/purpose of the letter.
  3. Body: After the purpose of the letter has been mentioned in the Introduction, the Body of the letter will go on to give reasons why the immigration application should be granted which are; his proximity to and responsibilities in his family, the work ethic of the immigrant, his moral standard and often times contributions he has made to his community. The body of the letter usually has more than one reason which should be addressed in separate paragraphs, this means that the body of an immigration letter of support is divided into paragraphs. The number of these paragraphs depend on the number of reasons/issues raised. These reasons should be backed by dates and exemplary events that prove the writer’s claim for character reference, his/her marital life or his/her responsibilities. For example, ‘Monica has organized a bi-annual charity for the disabled from 2014 till date in her community’ or ‘Monica and Martins have lived quietly for 2 years and have invited us over for their anniversary parties for the two years they’ve been married’.
  4. Conclusion: The conclusion of a formal letter ought to be brief but it must also contain a number of things so it requires skill and precision. The elements of a standard conclusion are;
    1. It must highlight the major reasons supporting the immigration, retention or naturalization of the immigrant.
    2. It contains a final plea of the writer for the receiver to grant the immigration application.
  • Contact information of the writer.
  1. Complementary Close: This is the portion of the letter that contains words or phrases followed by the name and/or signature of the sender at the tail end of the letter. Examples of complementary close words/phrases are; ‘Yours faithfully’, ‘Sincerely’, ‘Best wishes’ ‘Yours’ etc. In the case of an Immigration letter of Support it is advisable to use ‘Yours Sincerely’ or ‘Sincerely’ because of its formal nature.

When following the format, the important elements that should be considered are;

  1. The language of the letter should be formal.
  2. It should be straight to the point.
  3. The length of the letter should not exceed 2 pages, whether handwritten or printed.
  4. Facts should be favored over sentiment; but when the reasons in the letter are purely emotional then such sentiments should be written in a persuasive manner.
  5. The letter should be notarized for the sake of authenticity of the Writer’s Identity and signature especially in cases of deportation of illegal immigrants or authenticity of marital relationships.

 

SAMPLES OF IMMIGRATION LETTER OF SUPPORT

Immigration letters of Support vary according to the type of letter, relationship between the writer and the immigrant and the reasons to be contained in the letter, but for the sake of this article the samples would be grouped first according t the types and then the relationship between the writer and the immigrant. The two major types are; Letter of Naturalization and Letter to avoid Deportation.

  1. Letter of Naturalization
    1. Letter Written by The Employer, Work Colleague, Spiritual Head Or Neighbor Of The Immigrant

March 3, 2018.

To Whom it may concern,

I am Jonathan Dennis, I am 33 years old, an American citizen by birth, a respected Reverend of the Methodist Church in Manhattan and I have lived near the Patterson family for 5 years now.

I have met few people with as much compassion as Monica Patterson. She has worshipped at my church for 10 years, she started attending while she was still in college and still remains a faithful member even now. I request that you accept her application for naturalization because she has been a very big help to her community and church. She was only a member for 3 months when she started taking care of the disabled in the church. She started to cater specially for them and helped teach a little girl who had just recently become deaf how to communicate with sign language, a skill she had acquired when growing up with a deaf Aunty.

I request that you allow Monica Patterson to remain in the country as her stay will have an immense positive emotional and administrative impact on the members of the group she now teaches how to use sign language. She is a loving woman with a kind heart and would be a great addition to the USA.

For further inquiry you may reach me at 555 087-1865 or jonathandennis@yahoo.com.

Sincerely,

Jonathan Dennis

Signature

  1. Letter Written By Family Members Or Friends Of The Immigrant

I am Raymond Smith an American citizen and I support the application of naturalization made by my dear friend Monica Patterson. I have known Monica for 7 years, after meeting at a conference on The Preservation of Ancient History of the Americas where I discovered that she was a student of American History at NYC. I have co-authored several books with her and can confidently say that she is an intelligent and well informed historian who seeks to preserve culture in whatever community she finds herself in.

I have met few people with as much compassion as Monica Patterson and have experienced first-hand how she has helped preserve valuable American Artifacts such as Old civil war photographs. She currently works at the Metropolitan Museum of Arts, New York as an Assistant Museum Curator.

I request that you accept her application for naturalization because she has been a very big help to the American Art community.

I request that you allow Monica Patterson to remain in the country as her stay will have an immense positive impact on the members of the art industry. In her spare time, she teaches art history to high school students online and volunteers at the soup kitchen. She is a passionate woman, a model citizen with a fiercely patriotic heart for America heart and would be a great addition to the USA. Feel free to contact me on the cell phone number or email address below if you have any further questions.

Sincerely,

Raymond Smith
Raymondsmith@yahoo.com
(456) 347-0947

 

  1. Letter to avoid Deportation
  2. Letter Written by The Employer, Work Colleague, Spiritual Head Or Neighbor Of The Immigrant

 

JOHN BRICKHURST AND ASSOCIATES PLLC

(insert letterhead)

 

March

March 3, 2018.

To Whom it may concern,

I am Alexander John, I am 38 years old, an American citizen by birth, a renowned lawyer in Manhattan and I have lived near the Patterson family for 5 years now. I request that you allow Monica Patterson to remain in the country as her removal will occasion a major injustice as her marriage to Dr. Martins Patterson is completely legal and was not done merely for the purpose of acquiring a citizenship. Her removal will also have a severe emotional and financial impact on the children at the shelter that she and her husband run together for disabled children here in Manhattan.

Marta and Martins have no children together, not because of a fault in their marriage but purely due to the fact that they have not been able to conceive for 8 years now. Since they have no children of their own she and her husband established a shelter for disabled children who do not have family to take care of them. Monica is also an architect and is a partner at her firm, I have had cause to work with her and I can say with all confidence that she has a very good work ethic and never takes short cuts. There was a time she could not finish a project within the time given and instead of rushing it and getting paid, she risked losing the job by applying for an extension of time which was very unlikely given that another architecture firm had already offered to do it half of the given time.

I and my wife have attended a number of events with the Patterson’s and we can say with all confidence that they are a loving couple who hardly left each other’s side. They have been together for eight years back when she was an international student at NYC studying architecture and were together for 3 years before they got married.

I implore you to allow her to stay in the country as her marriage is completely authentic and there are too many people at her Shelter and work place that rely on her leadership and guidance. For further inquiry you may reach me at 555 087-1865 or alexanderjohn@yahoo.com.

Sincerely,

Alexander John

Signature

 

  1. Letter Written by Family Members or Friends of The Immigrant

March 3, 2018

To whom it may concern

I am Michelle Patterson, I am 28 years old, a US citizen by naturalization, I am a tailor and I make uniforms for staff of Walmart, I have known Monica for 7 years, when she and my brother started dating 2 years before they got married. I have lived with them for 3 years now and I can confidently say that a deportation would be highly damaging to their marriage especially as they have been battling with childlessness, this will add another sorrow to their lives. I request that you allow Monica to remain in the country as her removal will have a severe emotional and financial impact on our family.

Monica is practically a sister to me and we were friends before she married my brother so I personally know that she had no ulterior motives getting married to my brother. Another reason I know she didn’t marry my brother for a citizenship is because at the time my brother asked her to marry him, she had very good job offers back in her home country, Ghana. So she could have left to a comfortable life if she wanted.

The five years she has been married to my brother have been the happiest of my brother’s life and I would hate to see him miserable due to a mere misunderstanding that she married him merely for a green card.

Sincerely,

Michelle Patterson.

Signature.

 

In addition to the letter, the writer should attach a copy of a proof his citizenship. He should be persuasive enough to gain sympathy and truthful so as not to cause future problems for the immigrant. The writer should not forget to draft the language of the letter in a formal way. It should be straightforward and should not exceed 2 pages, preferably one page. The reasons the receiver should indulge your request should be written as facts with a balance of emotions to make it persuasive. The letter should also be signed and if possible notarized for the sake of authenticity especially in serious cases like deportation of illegal immigrants or authenticity of marital relationships.

In conclusion, this letter focuses on the ethical standards and reputation of the immigrant, the authenticity of his/her marriage and the negative effect a denial of the application will cause. The issues of legality will be dealt with in the formal testimony and evidence submitted to the immigration court so it does not need to be discussed in the letter; this means that the letter should be treated as an affidavit and not sworn testimony/evidence, that is why it is not advisable to address it to the court.

Sample Company Invitation Letter for Visa to India

A Business Invitation Letter for Visa is a formal document prepared by an individual or organization, to invite an individual to a business event in a country other than that where they reside. Below is a sample company invitation letter. The names on it are fictitious but this format is practicable. There are other formats that can be used but the most important thing is for the information required to be on it. Some of the required information include:

  1. Complete name of the company visiting India
  2. Complete name of the tourist company
  3. The business of the tourist company
  4. The business of the inviting company
  5. The Indian address and phone number of the hosting company
  6. The Indian address of the tourist company
  7. The relationship between the host and the tourist company
  8. The purpose of the visit to India
  9. How long the tourist company intends to stay in India
  1. The date the tourist company plans to depart India

 

COMPANY VISA INVITATION LETTER

 

Visa Section

Embassy of India

Subject: Request for a Multiple Entry Business visa for 3 years in r/o New York

Sir / Madam,

Sigdon Enterprises imports and sells widgets for the telecommunications industry. The company was founded in 1975, employs approximately 950 employees and is headquartered at 3 Cherry Street, Manhattan, New York.

My name is John Smith the Managing Director of Barli Export, I’ve been employed since September 2007(11 years ago).

Birla Export is an Exporting company. They are located at 13 Gali Paranthe Wall, Chandni Chowk, Delhi, India.

Sigdon Enterprises has contracted with Birla Exports to produce Widgets for sale in the U.S. The relationship has existed for 3 years. John will be visiting Birla Exports for general business.

Duration of Visa Requested is for 3 years with multiple Entry/Exit Dates in India other than stated in the purpose of visit.

Mr. William Spencer will not receive any form of remuneration from any sources in India and will remain an employee of Sigdon Enterprises in USA. Mr. William Spencer will not engage in activities in India other than stated in the purpose of visit.

Sigdon Enterprises takes full responsibility for the activities and conduct of Mr. William Spencer, national of the United States of America during his stay in India. If anything adverse comes to notice during this period, we undertake to repatriate him/her at our expense.

Sincerely,

[Signature]

John Smith

Managing Director

[Stamp of company]

 

Invitation Letter for Visa to Ghana

Are you planning to visit Ghana? You might need a visa. If you have already confirmed that you need a visa, then you may also need an invitation letter. An invitation letter gives the visa officer a clear statement of your purpose for visiting Ghana. It gives them the duration of your stay and your proposed place of stay.

What is required in the Invitation Letter

A letter of invitation from sponsor (either host company or individual) explaining the relationship to the applicant and the purpose of travel to Ghana. In addition, the letter must indicate the length of stay, place of stay, (including full residential address and telephone number), and contact information. A copy of the host’s Passport must be included, and residency permit if not a Ghanaian citizen.

Sample Invitation Letter to a friend to visit Ghana

Here is a sample invitation letter written by a Ghanian citizen to invite a friend from the USA

Sample Invitation Letter for Visa to Ghana for a friend

New Achimota,
Burkina Faso Road,
Accra,
Ghana

John Grayeno
3801 Chalk Butte Rd,
Cut Bank,
MT 59427, USA

Dear John,

Letter of invitation for Visa Application to visit Accra, Ghana.

This is a formal invitation for you to visit me in Accra, Ghana for three weeks from the 10th to the 30th of April 2018.

During your visit, you would be staying with me at the address above and I will be responsible for your transportation while you are here.

I hope to take you to see some sights while you are here and I trust that it will be fun just as it was in USA.

I have attached a scanned copy of my Passport!

Your friend

(insert signature here)

Kofi Adu

Guest details:
Name: John Grayeno
Address: 3801 Chalk Butte Rd, Cut Bank, MT 59427, USA
Date of Birth: 30 of June 1980
Occupation: Teacher
Relationship: Friend
Passport no:XXXXXXXX
Telephone:+1824501234

Host Details (Enter your details)

Name: Kofi Adu
Address:
Date of Birth
Occupation
Relationship
Passport no:
Telephone:

Once you have typed out the invitation make sure it is signed before you send it off.

 

This entry was posted in Ghana on by .
K3 VISA process

K3 Visa Process

The importance of family cannot be overemphasized. However, most people do not realize or admit it until they are stuck on the other part of the world and have to pay the much-needed price of the K3 visa process in order to see their ‘other-half’

But this article is hardly about the melancholic realization that you under-value your family; it will  provide you with valuable insights to waddle through the K3 visa process.

What is a K3 Visa?

A K3 visa is a US spouse visa that allows visa applicants to enter and reside in the U.S. as non-immigrants until they obtain their immigrant visa. Rather than waiting abroad for the immigrant processing, and entering the U.S as an immigrant, the K3 visa entitles spouses of U.S citizen or immigrants to enter as a non-immigrant.

The purpose of this visa is to lessen likely-hood of an elongated separation between a US citizen/ or permanent resident and their foreign based spouse.

What Kind of ‘Spouse’ is Eligible for the K3?

Only spouses recognized by American law are considered eligible for a K3 visa. According to US immigration laws, same-sex spouses of U.S citizens and lawful permanent residents are now eligible for the immigration benefits that the K3 visa entitles.

While common law spouses may be considered recognized, merely living together does not qualify a marriage for immigration, and in the case of polygamy, only the first spouse is considered eligible.

Quite simply, the K3 visa is for the foreign based spouse of a United States citizen, or a green card holding resident and immigrant. To be granted this visa, the foreign citizen who marries a U.S citizen outside the U.S. must apply for the K3 visa in the country where the marriage took place.

Requirements to Commence the K3 Visa Process

For the most part, the significant part of the K3 visa process is documentation. So besides having a one-half of your ‘couple’ a US citizen or legal permanent resident, you need a few documents and forms with which to begin the K3 visa process. They include –

  • Civil documents, including – Birth certificate, Marriage certificate (to your current spouse), divorce or death certificate, and police certificates.
  • Valid passport
  • Medical examination report.
  • A completed nonimmigrant visa application – otherwise called a Form DS-160.
  • Evidence of relationship with the U.S. citizen spouse
  • Two 2×2 photographs
  • Proof of financial solvency
  • Evidence of payment of visa fees.

The K3 Visa Process

In order to proceed, take some time to study the international marriage broker regulation act of 2005 (IMBRA) and learn its requirements,

Step one:

The K3 visa process often begins with filing the petitions required. To begin with, the U.S citizen spouse must file a Form 1-130 on behalf of their non-citizen spouse. Submit the form with the Department of Homeland Security (DHS).

Step two:

In exchange for the Form 1-130, the petitioning spouse would receive a form I-797, which indicates that the USCIS (U.S. citizenship and Immigration Services)  has received the petition.

Step three:

Next, proceed to file a Form I-129F , known as the petition for Alien fiancé(e) for the foreign spouse and children (where applies).

After reviewing the petitions, they will be sent to the National Visa Processing Center (NVC) by the USCIS.

If both petitions are approved by the USCIS and sent to the NVC, or if the I-I30 is approved before being sent to the NVC, then the petitioning couple automatically has no need for a K3 visa. On the other hand, if the NVC receives the approved I-I29F (which is often the case) then step four commences

Step four:

The NVC sends your I-129F form to the U.S embassy or consulate in the country where the marriage was held, or to a consulate that normally processes visas for that country – in countries where there are no US embassies.

Step Five

Some embassies will provide additional instructions on medical examinations, and requirements for the visa interview. This may include where to go for the required medical examination and whether or not your application requires additional administrative processing after your scheduled visa interview with the consular officer.

K3 Visa Process Timing

While the time taken to complete the K3 visa process varies, the I-I29F is valid for four months, in which time, the processing may either be completed or the validity of the petition extended by the consular officer.

Ultimately, the length of time varies from case to case, according to circumstances.

Wading Through the K3 Visa Process Stress-Free

The major challenge experienced by k3 visa applicants is delayed, often because of not obeying instructions, or supplying incomplete information – or even lying to the consulate officer, in the hopes that it would improve your chances at obtaining a visa. All of these are quite contrary to the reality.

Serious about getting that K3? Well, here are a few foolproof tips –

  • Gather Necessary Documentation

This should include copies of filed documents and other original documents requested in your interview appointment letter.

  1. Official Documents

  • An Affidavit of support form is required an accompanying documentation to obtain a US visa – this is otherwise known as the US visa sponsor form and can be downloaded on the US immigration website.
  • A Letter of Invitation  to the family member(s); this should include the length of the visit as well as its purpose
  • A Letter to US Consulate is also required and this should request that visa be granted to the family member.
  1. Financial Documents ( Which are meant to demonstrate your financial ability to host said family member)
  • Bank statements: At least your latest two bank statements.
  • Bank account verification letter:  This would prove the state of your bank account and bank balance.
  • A copy of a few recent income tax returns

 

  • Evidence of Your Residency Status In USA
  • A Copy of passport.
  • Your letter of employment (if the sponsor is an employee in USA).
  • If you are a Visa holder; Copies of your – Visa and approval Form. (If visa has expired but has a renewed petition, a photocopy of the renewed petition would be necessary as well)
  • If you are a Green Card Holder; A Copy of Green Card front and back.
  • If you are a USA citizen; A Copy of certificate of citizenship.

 

Review your questions with your partner if necessary. There may be no need to memorize your answers, but you certainly need to be familiar with them.

  • Be Honest

Nothing ruins your chances at getting your K3 visa like providing untruthful information. False information may even go further and ruin any future chances . Not to mention, the throng of legal actions that often follows will be quite frustrating to handle.

Benefits of the K3 Visa

There are many benefits of a K3 visa. For instance, after admission into the United States, K-3 non-immigrants may choose to apply to adjust their status to a permanent resident at any time. They may also choose to obtain employment authorization. To obtain evidence of eligibility to work legally in the United States they only need to file Form I-765, Application for Employment Authorization. After filing an application for adjustment of status, K-3 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 nonimmigrant status expires.

 Limitations of the K3 Visa

When the K-3’s I-130 reaches the Department of State; an immigrant visa is immediately available to him or her such that he or she and his or her children are no longer eligible for K-3/K-4 nonimmigrant status; but rather must immigrate as lawful permanent residents.  If the K-4 does not have an approved I-130 at the Department of State at that time; he or she will be ineligible to immigrate with the spouse of the USC.

The Department of Homeland Security only admits K-3 nonimmigrant visas holders for a 2-year period.  Afterwards, K-3 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments; as long as the marriage-based petition or a corresponding application  is still pending.

 

This entry was posted in Visa on by .

Partner Visa (How To Bring My Spouse To Live With Me In Australia)

Every year, thousands of people join the throng of already existing hopefuls that wish to reunite with their spouse in various parts of the world. For Australia, it is no different – in fact, it seems as though their unofficial ‘planning level’ that often restricts the number of applications processed per year makes the number of hopefuls at the beginning of each year even more than they were in the previous year. They all have the same struggle – obtain a partner visa.

Processing an Australian partner visa can be a daunting task. From the complexities of the paperwork to costs and lengthy processing times, there is no end to what you are bound to face when in pursuit of an Australian partner visa.

Your best bet? Equip yourself with all you need to make the visa happen – one of which is the knowledge of how things operate.

What is a Partner Visa?

A partner visa is a document that allows a partner or spouse of an Australian citizen, permanent citizen or eligible New Zealand citizen to migrate to, and live in Australia indefinitely.

Thus, to be eligible for an Australian partner visa, you must at least 17 years of age (or 16 in the states that apply) and you must either be married to or be in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.

(Take note that the de facto relationship must be at least 12 months old.)

Partner Visa Categories (Which Partner Visa is Right for Me?)

The case is not ‘one-size-fits-all’ with Australian partner visas; the available partner visa options may vary depending on your circumstances.

There are three main visa options available; but ultimately, their processing and requirements are quite similar. They include;

Option 1: Temporary Partner Visa (Subclass 820) and Permanent Visa (Subclass 801)

This visa applies to those who are applying WITHIN Australia and have a spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand resident.

Thus, both the Subclass 820 and 801 perform the same function, but on the 820, you can live in Australia temporarily until a decision is made on your permanent visa 801.

Option 2: Partner Provisional Visa (Subclass 309) and Permanent Visa (Subclass 100)

The option two category is suitable for those who are applying OUTSIDE Australia and have a spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand resident, or they intend to marry before a decision is made on the partner visa application.

Again, both the Subclass 309 and 100 perform the same function, but on the 309, you can live in Australia temporarily until a decision is made on your permanent visa 100.

Option 3: Prospective Marriage Visa (Subclass 300)

This visa is for those applying outside Australia, who will travel to Australia to marry an Australian citizen, permanent resident or eligible New Zealand resident with the visa.

How to Bring My Spouse to Live With Me in Australia

If your concern is bringing your spouse into Australia to reside with you, then clearly your concern should be for option 2; the Partner provisional visa and permanent visa subclasses 309 and 100. This article will focus on exactly that.

What You Should Know About Bringing Your Spouse into Australia

Obtaining a permanent visa for your spouse to live in Australia with you is a two step process. The visa of interest, in this case, is a Permanent Migrant visa (subclass 100), but to obtain it, you will first be granted a temporary Partner (Provisional) visa (subclass 309).

All you need do is to apply for both visas at the same time, and when you are granted the temporary Partner (Provisional) visa (subclass 309), you will automatically be eligible for the Permanent Migrant visa (subclass 100).

If you have been in a long term relationship, however, your permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309).

Applying for a Partner Visa (Subclass 309 &100) In Steps –

Step 1: Gather Documents

The following documents are required to process your application for the temporary Partner (Provisional) visa (subclass 309) and permanent Partner (Migrant) visa (subclass 100).

Documents from the Applicant

  1. Identity documents including:

  • A birth certificate showing the names of both parents
  • Identification pages of a family book showing the names of both parents
  • The identification pages of an identification document issued by the government, identification pages of a court-issued document that proves your identity,
  • Identification pages of a family census register,
  • The page of your current passport showing your photo, personal details and passport issue and expiry dates,
  • Two recent passport photographs (45 mm x 35 mm)
  • A national identity card, if you have one
  • And Proof of change of name, if applicable.

    2. Documents that prove your relationship with your spouse including

  • Two Forms 888 completed by two separate witnesses. (A form 888 is a Statutory declaration by a supporting witness about a Partner or a visa application)
  • A written statement about your relationship that describes details about where you met, how the relationship developed and the plans you have together
  • Documents that show that you share financial responsibilities with your spouse – eg mortgage documents or loan documents, including joint bank accounts and household bills
  • Records that indicate that others know your relationship, including joint invitations and proof of joint travel
  • Documents that demonstrate that you are committed to each other in the long run – eg. Terms of your will, letters to each other when you are apart,
  • Proof that you have been in the relationship 12 months before application or your marriage certificates, as well as evidence of registration of your relationship with relevant Australian authority (for de facto relationships)
  • If your relationship is not 12 months old, then provide compelling and compassionate reasons for applying for the visa before being in the relationship for 12 months.

 

  1. Documents about other relationships including

Former marriage certificates and separation documents that apply – including death certificates or statutory declarations.

 

  1. Health documents.

These will be provided by your doctor and sent directly to relevant authorities

 

  1. Character Documents including;

  • A completed form 80; a character assessment, completed by you.
  • Police certificates: if requested by the embassy.

Documents from the Australian based spouse/Partner:

  1. Form 40SP – if you are applying by paper instead of online;
  2. Identity Documents including Proof of your citizenship and eligibility as a New Zealand citizen which may be either: a birth certificate showing the names of both parents or the pages of your current passport showing your photo, personal details and passport issue and expiry dates. And also, A national identity card, if you have one. Include Provide proof of change of name, if applicable.
  3. Character Documents including police certificates and military service records/ discharge papers (if you have served in the army)

 

Step 2: Prepare Documents for Paper or Online Application

If you are applying online:

  • Translate all documents to English language
  • Scan and attach all documents to the online application
  • Send each document once, after ensuring that they are all certified.

 

If you are applying on paper:

  • Translate all documents to English language
  • Send original police certificates and English translations.
  • Send certified copies of all other documents (including non-English) – do not send the originals.

 

Step 3: Apply for the Visa online/on Paper

If you are applying online:

  • Create an online system ImmiAccount or log in if you already have one; When you are in ImmiAccount, select the New application and then select Family, then Stage 1 – Partner or Prospective Marriage Visa, then follow the prompt.
  • Pay for the online application via Paypal or credit card
  • Attach the documents required (only 60 documents allowed at 5mb each. If you surpass this limit, attach the rest to the spouse/partner application) – attach only when the ImmiAccount tells you to
  • Lodge the form online using the transaction number received from your Australian based spouse/partner

If you are applying on paper:

  • Download and complete the application for migration; form 47SP
  • Send the form along with the 40SP along with the 47SP and your documents, your sponsor’s documents and the correct application fee to your closest immigration office.

Step 4: Wait for your Temporary visa (309) & Provide additional documents

You may need to provide biometrics or get health checks in addition to the other documents.

Make sure to inform authorities if there are changes in address or telephone number, if you made a mistake on your application,  you need to provide more information, or you want to withdraw your application; and also if you would like to include children, etc.

Step 5: Travel Into Australia on Your Temporary Visa

With the temporary visa (309), you will  travel into Austrailia and live with your spouse temporarily before you get the permanent visa . Do well to inform authorities if the relationship with your partner has not continued; you might still be eligible for a permanent visa. Contact them for writing, and all information provided will remain confidential.

Step 6: Send additional documents for the permanent visa(100)

Your permanent Partner visa cannot be granted until two years have passed from the day you applied for that visa. We will begin assessing your application after that date.

You will need to provide evidence to show that you and your sponsor continue to be in a spouse or de facto partner relationship since you got the temporary Partner visa. The evidence you provide must show that you continue to have a genuine and continuing relationship, live together or not live separately and apart on a permanent basis and have a mutual commitment to a shared life to the exclusion of all others.

Additional documents required after two years of residing in Australia include

  • A National Police Certificate (NPC) from the Australian Federal Police (AFP)
  • An overseas penal certificate for any country which you have lived cumulatively for 12 months or  more since the grant of the temporary partner visa (UK820 )
  • A copy of personal details pages (include page with signature) of your most recent passport

held for each applicant included in the application

  • A copy of personal details pages (include page with signature) of the sponsor’s most recent passport held or an Australian driver’s license from any State or Territory of Australia
  • statutory Declarations
  • Two Statutory Declarations by a supporting witness relating to a partner visa application
  • Evidence to demonstrate that your relationship is genuine and continuing since the grant of your temporary partner visa
  • Acknowledgement letter – completed with your name and address

 

Take note that these are requirements from both the applicant and the Australian based spouse. Download the checklist here

 

Subsequently, you may either send the documents online or by post.

Partner Visa Australia Cost

Cost of partner visa is from AUD 7,000 upwards. They are the most expensive in the world and known as  ‘love tax,’; because it is a fee that people are willing to pay to stay with their partner.

Besides this fee, you also have to factor in health examinations, police checks are migration agent or lawyer’s fees, which would be about $3,000 to $5,000 for a partner visa application.

Partner Visa Processing Time

Temporary visa – between 18 to 21 months

Permanent visa – from 19 to 24 months.

Between both the time spent and money required; it is important that you try as much as you can to do it right the first time around. Because even minor mistakes can become very costly down the track; so feel free to read and re-read this guide. Because you never know what you might catch on to the second or third time around.

This entry was posted in Visa on by .

UK Spouse Visa

So, you need a UK spouse visa and you’ve have even attempted navigating the UK government website. If this is your current situation, then you will probably agree that getting around to finding the information you need to suit your specific circumstance can be a bit of a hassle. The challenge isn’t restricted to information on UK spouse visa alone, and you certainly aren’t alone in your confusion.

This article will provide you with sufficient information on the subject. From the documents required for processing to financial requirements and processing time. And considering the UK authorities do not provide phone support to answer any of your questions – you’ll find the information revealed in the article quite valuable. For this, you would not need an invitation letter

First –

What is a UK Spouse Visa

Otherwise known as the Settlement Visa, a UK spouse visa is a type of visa suitable for a spouse or legally recognized civil partner of a citizen or legal permanent resident of the UK. Thus, individuals are only eligible to apply for a UK spouse visa if their UK based spouse is either a citizen or is permanently resident in the UK, such that they have no time limit on their Visa

Spouse Visa UK requirements 2017

Although there are rarely dramatic changes in the requirements for a UK spouse visa; a few tweaks are made every now and then. So, it is important that you look for the most updated list of requirements and make a checklist of sorts with them. You certainly don’t want to get denied a visa on the basis of something you didn’t even know was a requirement.

In this light, there are a few requirement categories to consider; they include those listed below; bear in mind however, that a few of the requirements are subjective and require proof to demonstrate that your suitability for the visa

  • Relationship Requirements

In order to be considered for a UK spouse visa you must be married to, or in a civil relationship with a citizen or legal permanent resident of the UK. And the union must be recognized according to UK laws. You must also intend to live as husband/wife or partners subsequent to your arrival in the UK.

Overall, the couple must each be at least 18 years old and must have substantiated evidence of the genuineness of the relationship.

UK Spouse Visa Application Form

uk spouse visaTo access a UK spouse visa application form, you have two options –

Go to the UK government site, and on this page select from the list of UK visa, immigration and citizenship application forms the form that applies to your situation.

The UK spouse visa application form (as well as other forms related to processing) can be found under Forms for a visa to come to the UK and Forms for application to settle. However this option is most suitable for people who cannot apply online and want to go to the UK

A second option would be to apply online via the new UK visas & Immigration website. This would require that you sign up to the Visa4UK system and online application forms. It will also enable you to view previous applications. At the time of writing this however, the new UK application website was still

 

  • UK Spouse Visa Document Checklist

The documents listed below are the main documents for UK spouse visa processing. However, the requirements may vary depending on circumstance or nationality of the applicant.

  • The complete visa application – either the VAF4A form or online submission
  • Travel passports – with at least one blank page, and 6 months before expiry
  • A passport sized photograph
  • Evidence that the applicants meets the English-language requirements
  • Documentation that validates the spouse residency status in the UK – including their visa or citizenship status.
  • Information about your finances – including stamped bank statements, pay slips, tax returns etc. (see spouse visa UK financial requirements
  • Details of the UK accommodation where you will both be living and its suitability for more than one.
  • Full-health examination results. These may also include results for specific tests for diseases local to your country.

 Spouse Visa UK Financial Requirements

Take note that the spouse visa UK financial requirements are subject to alteration, and are often revised. Nonetheless, this should provide insight to what the expectations would be –

More often, it is the UK spouse whose savings and/or employment is under scrutiny, because it is most relevant to UK spouse visa applications. However there are instances where the sponsor’s income abroad can be relied upon, especially if the applicant is also in employment in the UK or if the applicant has access to savings in excess of £16,000 which can be combined with the eligible earnings to meet the financial requirement. In this case applicant’s finances may also be considered

 

  • According to immigration rules, the minimum income that must be met by the UK based spouse, sufficient to cater for the needs of the incoming partner is a gross annual salary of at least £18,600. The income may be the result of salary or self employment, pension of either the applicant or the UK based spouse, benefits or other specified income sources of either of the spouse. In the absence of a salary-employment that totals £18,600 in earnings per year, they must present Cash savings of at least £16,000 held for six months combined with the income from salary employment, and a cash savings of £62,500 where there is no income at all.

 

  • If you are applying from within the UK,

    You may be able to obtain Spouse/Marriage visa without having to meet the financial requirement. You will, however, need demonstrate that there are insurmountable obstacles to your return to your country of origin with your partner. If successful, you will be put on a ten (10) year route to settlement requiring an extension of stay every two and a half (2.5) years. The amounts required to meet the financial requirement are;

    Applicant alone £18,600
    1 child in addition to applicant £22,400
    2 children in addition to applicant £24,800
    3 children in addition to applicant £27,200
    An increase of £2,400 for each additional child.

On the occasion that the applicant wants to relocate with children

The financial requirements are of course influenced greatly. The amounts required are thus –take note that for the applicant alone financial requirement is £18,600
1 child in addition to applicant £22,400
2 children in addition to applicant £24,800
3 children in addition to applicant £27,200
An increase of £2,400 for each additional child

 

  • In addition to monetary requirements, the applicant also must demonstrate that the UK based spouse  can provide adequate accommodation without resulting to public funds, taking into consideration that the said accommodation must not breach health regulations and will not result in overcrowding if the applicant is granted the visa. One room will be sufficient for use of both the applicant and UK based spouse, that is – given that there are no children involved. If there are however, the children will also need to be accommodated adequately in compliance with the applicable regulations. Notwithstanding, even a living room will suffice for applicant and their UK based spouse.

 

Exemption from Financial Requirements

If the applicant or UK based is receiving a disability allowance, or a specific severe disablement allowance, Industrial injury benefit, Attendance allowance, Carer’s allowance, Police Injury Pension; then the financial requirement may be waived. The couple, however, will have to provide specified evidence that the settled partner is able to maintain and accommodate themselves. 

  • Spouse Visa UK Fees

Currently, family and spouse visas cost £1,195 and the fee for Adult Dependant Relatives is up to £2,676. The fee for a settlement application within the UK  is also £1,875

Spouse Visa UK Processing Time

The average processing time for a spouse visa application is 2 – 12 weeks from the date the submission is made. Processing times vary depending on the country where the application is made

 

Apply To Join Family Living Permanently In The UK

If you want to relocate to live with your family in the United Kingdom you can apply to ‘Join Family Living Permanently in the UK.  Applicants can apply to Join Family Living Permanently in the UK if their family member is a British citizen, settled in the United Kingdom permanently or has humanitarian protection or asylum in the United Kingdom.  If their family member meets the aforementioned requirements, applicants need to meet the following eligibility requirements to secure a Join Family Living Permanently in the UK:

  • Age 18 and over, unless they are a child
  • The relationship to the family member should be recognized in the country such as a legal marriage license from their country
  • They want to live with partner or family member in the UK after they apply, unless they are a parent who has contact with their child
  • Their family member can offer them with adequate accommodation to reside in the UK
  • They can speak, write, and understand English, unless they are an adult dependent family member or under 18:

To be eligible for a “family of a settled person” visa, applicants must live outside of the European Economic Area or Switzerland. Furthermore, the Home Office may reject an applicant’s application based on a criminal record in either the United Kingdom or another nation and incorrect or incomplete information.

Applicants will need to submit the following documents:

  • Valid passport or travel documentation
  • Old passports
  • Evidence of relationship status with the person they will be joining in the UK
  • Evidence they can meet the maintenance or financial requirement
  • Proof they can understand, speak, and read English, if they are 18 or older, unless they are an adult dependent family member
  • Tuberculosis test results if they belong to a country where taking the test is mandatory

Finally

it is often advised that you seek the counsel of a legal adviser or at least their or initial assessment to determine your eligibility. They are best positioned to look into your matter in detail and explore all the possible options so that you can avoid repeated disappointments.

One of the most frequently made assumptions for instance is that provided you have a spouse in the US you are eligible for a ‘spouse visa’; in reality however – the visa obtainable is dependent on the spouse circumstances in the UK

Thus, if your spouse in the UK is  either British or naturalized, a ‘settled person’ in the UK with indefinite leave to remain or you both were married in the UK and intend to live there; the appropriate visa is considered a ‘Family of a settled person’ visa.

If however, the spouse is a EEA national living in the UK and you aren’t from the EEA then the visa is required is an ‘EEA family permit’

On the other hand, if the spouse has refugee status or humanitarian protection the a Family Renuion visa is appropriate

And if the spouse has a Tier 2 visa then you are supposed to apply as the dependant of a Tier 2 (General) visa holder.

And if the spouse has a Tier 4 student visa then you should apply as a dependant of a Tier 4 visa holder.

Ultimately, a wrong choice or misinterpretation might be the difference between getting a visa or being denied one.

Truth is, there are no assurances. Provided you’re willing to try and try again you will certainly achieve success – even in the longer run. And if all else fails – well, at least home is where the heart is.

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