Initial Fiance visa application advice

Essentially it was classed as a "settlement" in the paperwork. The final court order really just states X amount of money will be paid to X person on X date and that no other monies will be contested. Its origin of the money or why it was paid is not stated anywhere particularly clearly although its actual origin was to buy me out of my interest in the marital home. It was a messy 3 year divorce.

Unfortunately in that case, I can't see a way around holding it for six months.   

Do you meet the requirement using adequate maintenance?

Unfortunately in that case, I can't see a way around holding it for six months.   

Do you meet the requirement using adequate maintenance?

I just had a quick read of the savings route for adequate maintenance in that link and it seems to be saying the 6 months again, unless I didn't read it correctly???

Usually someone on DLA/PIP seems to work too as it is an in work benefit that is not means tested. Those that can't do any work and meet the requirements for the ESA benefit too, say they used a combination of the two and other benefits to show adequate maintenance to sponsor?

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.

I just looked up ESA and it says ESA can be based on contributions if you worked in the UK in the relevant two tax years, instead of income based.  And something about the ESA group your medical puts you in if you are given Contribution based ESA? Do you meet this Contribution based ESA if if your saving can't be used yet?
https://www.gov.uk/employment-support-allowance/types-of-esa

Sorry for the delayed reply, a rough couple of days health-wise. After looking at it I 100% do not qualify for the "adequate maintenance" portion due to my low income from PIP.

As far as applying 100% from savings I calculate it to be £62,500 - is that correct?

Correct.  It will need to be held for six months before the application.  You'll also have to meet the same requirement for your fiancé to remain in the U.K., after 30 months, and after 60 months.  Hopefully you don't have plans for the money!

After your glance switches to a spouse visa, work is allowed which can be used for future visas.

SO the process is we apply for a settlement visa (link provided helpfully above) where my fiance can travel to the UK to get married and remain for 2.5 years. She is allowed to work after the marriage but not before.

After the 2.5 years does her income contribute in any way to the process? I would imagine my funds would have depleted below the £62,500 needed as its basically my only form of support save £200 a month from PIP benefits.

After the 2.5 years does her income contribute in any way to the process? I would imagine my funds would have depleted below the £62,500 needed as its basically my only form of support save £200 a month from PIP benefits.

Yes, as long as she is in the UK with the right to work, her income can count. It's only for the initial fiance visa that her income cannot count.

So, if she gets a job paying at least £18,600, then you could meet the requirement using just her income.

What ksand said.

Just to elaborate, she can't work until you switch her visa type (more money).

Just be sure to only use the savings if she has a solid job offer for more than £18,600 a year and will always have that.  Otherwise you guys could end up in a sticky situation.

Thanks for all this help!

When you say "switch visa" what do you mean? The Settlement Visa specifications seems to imply working after marriage is covered by that specific visa or have I misread that ?

To be clear, the fiance visa and the spouse visa are separate things. The fiance visa is used to get her over, then she has 6 months during which she can not work and by the end of which you need to get married. Before it expires, she'll need to apply for FLR(M) to stay in the country and work. Of course, that extra application also costs money.

If there's any possibility for you to get married in the US (or any other country that you can--not the UK as you have to give notice and that requires her to have a marriage visitor visa and other red tape), you should, as you will only have to apply for the spouse visa.

She does that out of country, but you do save a significant amount of money--that process costs something like half as much as fiance visa+FLR(M), if I'm not mistaken.

She'll be coming over on a Marriage Settlement visa (Fiance visa) that is only valid for 6 months. She won't be able to work, volunteer or use the NHS for free on this visa.

This visa allows her to stay in the country and apply for her Further Leave to Remain (FLR) visa that starts her 5 year clock to Indefinite leave to remain after you marry.. FLR is good for 2.5 years, she can work and use the NHS like a normal citizen. She will have to apply for a second FLR before applying for ILR.

This is the same process I'm on too.

Edited because I'm on my phone and autocorrect is dumb.
 

She'll be coming over on a Marriage Settlement visa (Fiance visa) that is only valid for 6 months. She won't be able to work, volunteer or use the NHS for free on this visa.

This visa allows her to stay in the country and apply for her Further Leave to Remain (FLR) visa that starts her 5 year clock to Indefinite leave to remain after you marry.. FLR is good for 2.5 years, she can work and use the NHS like a normal citizen. She will have to apply for a second FLR before applying for ILR.

This is the same process I'm on too.

Edited because I'm on my phone and autocorrect is dumb.

The cost for this path is £811 for the visa and £500 for the NHS levy.  This will increase (probably by about 25%) in March or April.

The UK is all about money, money, money!

What ksand said.

Just to elaborate, she can't work until you switch her visa type (more money.

Ah, yes, sorry - I should have said that her income can't count until she has switched to her FLR(M) visa after the wedding.

For a spousal visa, it's only the initial visa where her income cannot count, as the spousal visa gives the right to work in the UK.

A fiance visa does not give the right to work in the UK, so her income cannot count for either the fiance visa, or the first FLR(M) visa after you get married. Once she has FLR(M) and can work, then her income can count for the next visas.

Hi all, right in the middle of organising our submission to be sent in just after the 24th April to coincide with having the full £62,500 of fiances under my control for 6 months. A quick question:

Do they just take into account the lowest point your account has hit in that 6 month period regardless of in and out goings from the account ?

My Example would be I had £105,000 at the very start of the 6 months. I spend £40,000, have another £10,000 come into the account and then another £10,000 goes out again. By the end of the 6 month period my account has not dipped below the £65,000 mark (£62,500 being the point I just stay above). Am I looking at this in the correct way ? Am I OK to have large fluctuations in the account as long as the boundary of £62,500 isnt broken at any point in those 6 months ?

Correct.  They will look at the lowest balance during the six month period and use that figure for meeting the requirement.