Starting the process - Marry in UK or US - which is the smart choice?

Hi all,

My fiance is based in Florida and I am in the UK. We want to be in the UK in terms of residence.

As a starting point we would like to decide whether it's any more advantageous to marry in the US, then for her to apply for a spouse visa, or to move here on a fiance visa and marry in the UK.

Purely financially, marrying in the US seems the best re longer visa before further fees? Also the spouse visa is much longer then the fiance visa (33 months vs 6 months if I'm right).

We are really open about this, so just looking at what is the smartest choice overall.

Supplementary point: I'm not sure how critical the following is, but I have my own Limited Company (3 yrs established) but only pay myself a minimum salary, so am concerned re demonstrating the £18,600 requirement. The business itself generates more than £18.6k, so how does this play into the whole US/UK question, if at all?

thanks

If you marry in the US you avoid the expense and also the stress of one whole visa application (the FLR which you need to apply for after marrying within the 6 month period).
It's also a hassle to give notice etc in the UK before marrying and difficult to make proper arrangements due to the unknown processing times of the initial visa.

I would definitely recommend marrying in the US unless there are strong sentimental reasons to marry in the UK. 

Great, I like a definitive answer!

Is there any 'cooling off' period following the marriage date, or can the spouse visa be applied for as soon as we are married?

P.S. Re my salary question, is that a 'blocker' with a spouse visa application?

Supplementary point: I'm not sure how critical the following is, but I have my own Limited Company (3 yrs established) but only pay myself a minimum salary, so am concerned re demonstrating the £18,600. The business itself generates almost 6 figures annually so how does this play into the whole US/UK question, if at all?

Your income has to be 18.6kgbp or more to qualify for the visa. Normally savings can be used to make up any shortfall but not in the case of self employment.

If you have savings over 62.5kgbp held for 6 months, you could apply using savings alone.

Do you have any other income such as dividends from the business?

Have you read this? It covers all the possible permutations. 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Great, I like a definitive answer!

Is there any 'cooling off' period following the marriage date, or can the spouse visa be applied for as soon as we are married?

P.S. Re my salary question, is that a 'blocker' with a spouse visa application?

Nope, no cooling off period. Assuming you have all your other evidence ready to go, you can apply as soon as you receive your marriage certificate.
The income however is non negotiable but there are various ways of meeting it.

If your fiancé has any non employment income or savings, that can be considered too. As I mentioned, you can't combine savings with self employment income but you could combine her savings with yours and any other non employment income.

I'm wondering if self-employment and being an employee in a limited company (my own company) has any other bearing?

Dividends are a way I have considered, but thought that the £18.6k had to be demonstrated over a 3 year (?) time frame anyway? i.e. If i paid myself dividends to bump myself to £18.6k that would only apply to 2017.

Thanks for the document link

I'm wondering if self-employment and being an employee in a limited company (my own company) has any other bearing?

Dividends are a way I have considered, but thought that the £18.6k had to be demonstrated over a 3 year (?) time frame anyway? i.e. If i paid myself dividends to bump myself to £18.6k that would only apply to 2017.

Thanks for the document link

Read that, the self employment sections will probably mean more to you than they do to me!
It is the last one or two years that have to be demonstrated, depending on the business. Not three.

Self employment is tough. This is what you're in for. This link discusses the required evidence.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
(b) All of the following must be provided:
(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
(ii) Evidence of registration with the Registrar of Companies at Companies House.
(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
(vi) A current Appointment Report from Companies House.
(vii) One of the following documents must also be provided:
(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
(2) Proof of ownership or lease of business premises.
(3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided:
(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person receives dividends from the company, all of the following documents must also be provided:
(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit.
(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.

Self employment is tough. This is what you're in for. This link discusses the required evidence.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Just reading section 9 currently of the first link you sent. Trying to get to whether COMPANY earnings are what counts or only what I pay myself as a salary in that business. It's been trading for 3 years with an £80k PA income average.

Just reading section 9 currently of the first link you sent. Trying to get to whether COMPANY earnings are what counts or only what I pay myself as a salary in that business. It's been trading for 3 years with an £80k PA income average.

Here is a thread on the subject of applying as the director of a limited company that may help a little.

http://talk.uk-yankee.com/index.php?topic=87701.0

Thanks again for all of this. I've looked at section 9 of the guidance but still cannot fathom whether my company earnings, which are way over £18,600 p.a. means I don't have to sweat the low salary I pay myself or the savings requirement.

Can anyone say if an established ltd uk company (owned by me) demonstrating an average £80k income p.a. over three years means the £18,600 required is covered by that?

1. Marry in the US. Far easier and cheaper.

Just be aware that Florida has a 3-day waiting period before applying for your marriage license and receiving it. You can have this waived if you both take a premarital counseling course. You might be able to find a course online.

Depending on your county, you *may* be asked to produce your fiance/e's birth certificate to apply for the license.

If you have been divorced in the past, you MUST include a copy of your divorce decree in your application.

Be sure to take photos of your wedding for relationship proof.

My wife is director of her own limited company. She used the salary she pays herself (which is under 18,600) plus dividends.

Self employment is different from other financial categories as you have to provide bank statements, etc. (including an accountant certifying that your financial records are accurate) for the past full financial year of your company, not the past 6 or 12 calendar months. Since we applied in April and my wife's company's financial year ends in August, that meant she needed financial paperwork for the company 20 months previously. Getting paper business bank statements for 20 months previous to our application was a very involved process, and there was a whole lot of other paperwork as well. It took her five months to get all of the paperwork, so do plan well ahead.

1. Marry in the US. Far easier and cheaper.

Just be aware that Florida has a 3-day waiting period before applying for your marriage license and receiving it. You can have this waived if you both take a premarital counseling course. You might be able to find a course online.

Depending on your county, you *may* be asked to produce your fiance/e's birth certificate to apply for the license.

If you have been divorced in the past, you MUST include a copy of your divorce decree in your application.

Be sure to take photos of your wedding for relationship proof.

My wife is director of her own limited company. She used the salary she pays herself (which is under 18,600) plus dividends.

Self employment is different from other financial categories as you have to provide bank statements, etc. (including an accountant certifying that your financial records are accurate) for the past full financial year of your company, not the past 6 or 12 calendar months. Since we applied in April and my wife's company's financial year ends in August, that meant she needed financial paperwork for the company 20 months previously. Getting paper business bank statements for 20 months previous to our application was a very involved process, and there was a whole lot of other paperwork as well. It took her five months to get all of the paperwork, so do plan well ahead.

I think I need to be sure about the self-employment VS being a director scenario: I was paying myself a low salary as a director of my own company, but have adjusted this so that £18600 will be achieved as a last 12 months salary.

So do I need to ALSO provide the self-employment evidence, or is the salary evidence enough?

Thanks

I think I need to be sure about the self-employment VS being a director scenario: I was paying myself a low salary as a director of my own company, but have adjusted this so that £18600 will be achieved as a last 12 months salary.

So do I need to ALSO provide the self-employment evidence, or is the salary evidence enough?

Thanks

If you are paying yourself, you are self employed so will need to include all of the self employment evidence that is asked for. Be careful not to miss anything, there is a lot of it.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

If you are paying yourself, you are self employed so will need to include all of the self employment evidence that is asked for. Be careful not to miss anything, there is a lot of it.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Yes I've seen the list... Many thanks