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Topic: Initial Fiance visa application advice  (Read 2840 times)

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Initial Fiance visa application advice
« on: January 07, 2017, 04:45:02 PM »
Hi all,

I am a mid 30's British born divorcee and I have been in a long distance relationship with a lovely Philadelphia lady for a couple of years. We have decided we want to get married in the UK and for my fiance to move here permanently.

I am currently unemployed but classed as disabled, I receive the Daily Living Allowance portion of Personal Independence Payment benefits but not ESA as I have personal savings of some £69,000.

My fiance is currently in the US (just returned from a 2 months visit in the UK leaving about 4 weeks left on the obligatory 6 month stay in the UK in any 12 month period) and we would like for her to come here for a small registry wedding in the UK with an aim to stay and apply for a Right to Remain visa so she can work without having to go back to the US in between. Timescale wise we would like to get the visa and marriage sorted ASAP but I am not sure that this happening quickly is realistic?

As we are at the very start of this process I was hoping to get some advice on exactly which visa we should be applying for? I have spent a lot of time researching this and it seems like the Fiance Visa is the correct one to apply for which allows travel to the UK to marry within 6 months which then can be transferred into a remain visa afterwards. Now when I go onto the Government visa website there is no reference to a Fiance Visa at all, only a Marriage Visitors Visa which seems to imply she would have to return to the US after 6 months?

Any help/advice anyone could give would be extremely useful!

Thanks in advance,


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Re: Initial Fiance visa application advice
« Reply #1 on: January 07, 2017, 05:27:07 PM »
To get married in the UK you can either apply for a:

Marriage Visitor visa - good for up to 6 months and allows you to get married in the UK but your then wife would have to leave the UK to apply for a spousal visa from the US. Does not allow work, volunteering or use of the NHS for free, any NHS use is charged at 150%. It's less expensive and you have to prove different requirements to the Marriage visa.

Marriage Visa (settlement) - good for 6 months and allows you to live in the UK. Your fiance cannot work, volunteer or use the NHS for free and they must have travelers insurance or NHS use is charged at 150%. After you get married your spouse can stay in the country and apply for Further Leave to Remain (2.5 years), starting the Settlement process.

I'll have to leave the others to helping with your income requirement. I only know the Category A requirements.

Most people will advocate for marrying in the US and then applying for the Spousal visa. It's all around easier.

edited to add: We all call the Marriage visa the 'Fiance visa'
« Last Edit: January 07, 2017, 05:43:32 PM by lyonaria »
The usual. American girl meets British guy. They fall into like, then into love. Then there was the big decision. The American traveled across the pond to join the Brit. And life was never the same again.


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Re: Initial Fiance visa application advice
« Reply #2 on: January 07, 2017, 08:42:28 PM »
Welcome to the forum :).

IMy fiance is currently in the US (just returned from a 2 months visit in the UK leaving about 4 weeks left on the obligatory 6 month stay in the UK in any 12 month period)

Just to note that there is no 'obligatory 6 month in 12 months stay' for the UK - the visitor visa rules explicitly state that there is no such rule.

Each time she enters the UK, she may or may not be given a 6-month stamp. Whether she is allowed to stay more than 6 months in a 12-month period depends on the immigration officer and whether it appears as if she is spending more time in the UK than in the US.

From the official visitor visa guidance:

Quote
There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application.

Quote
Now when I go onto the Government visa website there is no reference to a Fiance Visa at all, only a Marriage Visitors Visa which seems to imply she would have to return to the US after 6 months?

That's because, as mentioned above, there is no actual visa called a 'fiance visa' - it's official title is the 'Marriage Visa' (not to be confused with marriage visitor visa) and it's under the Settlement Visa category.

You'll find information about it in the 'Apply to Join Family Living Permanently in the UK' section of the UKVI website:
https://www.gov.uk/join-family-in-uk/overview


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Re: Initial Fiance visa application advice
« Reply #3 on: January 09, 2017, 06:43:22 PM »
Thank you so much for those incredibly useful replies.

We are now throwing together a list of supporting documents for the application. I will put up the list shortly just in case there is something we have missed but in the mean time I was wondering if anyone knew in more detail how my financial checks will work as I am on Personal Independence Payments benefits? These benefits change my financial checks but its really unclear as to what they change to ?



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Re: Initial Fiance visa application advice
« Reply #4 on: January 09, 2017, 07:37:29 PM »
I was wondering if anyone knew in more detail how my financial checks will work as I am on Personal Independence Payments benefits? These benefits change my financial checks but its really unclear as to what they change to ?

As you are in receipt of PIP, you come under "adequate maintenance".
Part 3.6 Page 14 of this
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf


Although as you have savings of 69k. I assume you could use the savings route instead??

ksands will know.
« Last Edit: January 09, 2017, 07:43:00 PM by Sirius »


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Re: Initial Fiance visa application advice
« Reply #5 on: January 09, 2017, 07:39:45 PM »
I saw that too - does anyone know what that actually equates to in regards to savings etc ?


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Re: Initial Fiance visa application advice
« Reply #6 on: January 09, 2017, 07:44:08 PM »
I just added to my post about perhaps using your savings instead?

ksands knows how to work all this out :)


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Re: Initial Fiance visa application advice
« Reply #7 on: January 09, 2017, 07:47:05 PM »
Ah I see, sorry I was too quick on the reply! The savings I have are from my divorce settlement which only came under my control some 3 months ago. It is my understanding that I would need to have had it under my control for at least 6 months for it to class? For a couple of delicate reasons we are trying to push this through as fast as possible and so would really rather not wait until April to apply.


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Re: Initial Fiance visa application advice
« Reply #8 on: January 09, 2017, 07:50:59 PM »
Ah I see, sorry I was too quick on the reply!

Or I type too slow?

Yes, 6 months for savings, unless they were capital in a house you owned?



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Re: Initial Fiance visa application advice
« Reply #9 on: January 09, 2017, 07:53:58 PM »
It was a cash settlement repaying money that was put into a marital home that my ex wife still stays in. I was bought out effectively so the house was not sold.


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Re: Initial Fiance visa application advice
« Reply #10 on: January 09, 2017, 08:09:57 PM »
It was a cash settlement repaying money that was put into a marital home that my ex wife still stays in. I was bought out effectively so the house was not sold.

But it was money from your house. I think that might be ok for the savings route? See what others on here think.


This is the Adequate Maintenance for a sponsor on PIP

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452967/IDI_Adequate_Maintenance_and_Accommodation_Appendix_FM_Annex_1_7A.pdf


« Last Edit: January 09, 2017, 08:11:26 PM by Sirius »


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Re: Initial Fiance visa application advice
« Reply #11 on: January 10, 2017, 02:39:45 PM »
I just picked this explanation up for Adequate Maintentance on another forum. I have no idea if it's correct but you could use the guidance link for AM that I gave above, to check?
http://www.immigrationboards.com/immigration-for-family-members/calculating-adequate-maintenance-2016-17-how-to-t205533.html


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Re: Initial Fiance visa application advice
« Reply #12 on: January 10, 2017, 02:42:51 PM »
It was a cash settlement repaying money that was put into a marital home that my ex wife still stays in. I was bought out effectively so the house was not sold.

Others on her will know if this £69,000 can be used for the savings route (instead of using Adequate Maintenance as you are on PIP). It's not the sort of thing I have read up on, as others on here are so good on this :)


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Re: Initial Fiance visa application advice
« Reply #13 on: January 10, 2017, 11:38:07 PM »
Thanks for the help so far, its incredibly valuable.

Yes it would be really really useful to know if my divorce settlement of £69,000 would class as adequate savings even though its been in my control for only 3 months so far. Anyone else have any input at all?


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Re: Initial Fiance visa application advice
« Reply #14 on: January 11, 2017, 12:13:55 AM »
I think it's grey area.  I'm not sure, to be honest.  I imagine it's how the paperwork was done.  Was it essentially a "sale" to your ex?


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