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Topic: Fiance visitor Visa- spon/ US ceremony spouse visa timeline/work eligibility  (Read 558 times)

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I am American my fiancé is British, we have been engaged for almost more than 3 years, and we  are soon to apply for  fiancé visitor visa ( i intend to stay after the marriage ... not sure what the specific wording is)

My fiancé makes the required income to sponsor me, but she intend to  change jobs in the near future,  possibly as soon as 3-6 weeks.... should we apply while she can prove the income, or is this frowned upon?

Her mum is happy to sponsor , though she works freelance for the same company for several years, she is not on a contract, but earns enough to justify the sponsorship.

Any thoughts?

-Cedric

July  2013-Met my fiancé in London. she visited me in the states 3 times and I have visited her once since.  9/2014   -engaadged in Grand canyon
submitting fiancé  visa app priority 10/29/2017  hoping for a london christmas and January wedding.
« Last Edit: October 18, 2017, 02:00:12 AM by lobsterlove »
US citizen applying for fiancé visitor visa (intending to stay after)

 2013: met fiancé in London
2014: engaged in Grand Canyon
10/29/2017: fiance visa application sending priority 
HOPING TO BE IN LONDON FOR CHRISTMAS
HOPING FOR JANUARY WEDDING


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Re: Fiance visitor Visa- sponsorship question
« Reply #1 on: October 17, 2017, 10:37:13 PM »
I am American my fiancé is British, we have been engaged for almost more than 3 years, and we  are soon to apply for  fiancé visitor visa ( i intend to stay after the marriage ... not sure what the specific wording is)

My fiancé makes the required income to sponsor me, but she intend to  change jobs in the near future,  possibly as soon as 3-6 weeks.... should we apply while she can prove the income, or is this frowned upon?

Her mum is happy to sponsor , though she works freelance for the same company for several years, she is not on a contract, but earns enough to justify the sponsorship.

Any thoughts?

-Cedric

July  2013-Met my fiancé in London. she visited me in the states 3 times and I have visited her once since.  9/2014   -engaadged in Grand canyon
submitting fiancé  visa app priority 10/29/2017  hoping for a london christmas and January wedding.
The marriage visitor visa is for if you plan to wed in the U.K. and then return to your life in the US. The marriage settlement visa is the one where you can remain in the U.K. after the wedding and then apply for further leave to remain (FLR(M)). If you plan to live in the U.K. after marriage many find it much easier to get married in the US and then apply for the spousal settlement visa.

If your fiancé is changing jobs that's ok, I believe they would just use category B (12 months of pay stubs and bank statements) at an employer of less than 6 months where they have earned (and will continue to earn) more than £18,600 if you have no dependents that also require a visa. The experts will be able to confirm that though. It isn't recommended to change jobs *while* the visa is processing though because you would have no way to get that info to Sheffield, and if they called to confirm employment and they no longer have the job the visa could be refused.


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Re: Fiance visitor Visa- sponsorship question
« Reply #2 on: October 17, 2017, 11:05:06 PM »
thank you Margo-

Yes I am applying the marriage settlement visa. under “family of a settled person visa”

We were aware that the income requires was 24,800. Or is that for the (FLR(M)? (Trust this is lack of understanding not lack of effort)

 " If you plan to live in the U.K. after marriage many find it much easier to get married in the US and then apply for the spousal settlement visa. " What is the benefit to do ing it this way?

thank you!!

US citizen applying for fiancé visitor visa (intending to stay after)

 2013: met fiancé in London
2014: engaged in Grand Canyon
10/29/2017: fiance visa application sending priority 
HOPING TO BE IN LONDON FOR CHRISTMAS
HOPING FOR JANUARY WEDDING


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Re: Fiance visitor Visa- sponsorship question
« Reply #3 on: October 17, 2017, 11:25:50 PM »
thank you Margo-

Yes I am applying the marriage settlement visa. under “family of a settled person visa”

We were aware that the income requires was 24,800. Or is that for the (FLR(M)? (Trust this is lack of understanding not lack of effort)

 " If you plan to live in the U.K. after marriage many find it much easier to get married in the US and then apply for the spousal settlement visa. " What is the benefit to do ing it this way?

thank you!!

If you and your fiance don't have any children, the income requirement is £18,600.  This amount is the same for the marriage (fiance settlement) visa and for the FLR(M) that you would need to apply for after the marriage.  You must show additional income if children are also being sponsored.

Getting married in the US first saves you the cost and stress of one visa application and time toward Indefinite Leave to Remain eligibility.

If you get married in the US first, your settlement path would be:
  • *get married in US, little or no notice required*
  • Spouse visa from US (33 months... your 5 years toward ILR starts when you enter on this visa)
  • FLR(M) from within UK (30 months)
  • After you have been in the UK for 5 years, you can apply for Indefinite Leave to Remain.

If, instead, you do a marriage (fiance) visa, your path would be:
  • Fiance visa from US (6 months); you can't work while and don't get free NHS
  • *get married in UK*
  • FLR(M)#1 from UK (30 months; your 5 years starts when this is granted)
  • FLR(M)#2 from UK (30 months)
  • After you have been in the UK for 5 years on FLR, you can apply for Indefinite Leave to Remain.
« Last Edit: October 17, 2017, 11:29:18 PM by jfkimberly »
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Fiance visitor Visa- sponsorship question
« Reply #4 on: October 18, 2017, 12:44:25 AM »
thank you Margo-

Yes I am applying the marriage settlement visa. under “family of a settled person visa”

We were aware that the income requires was 24,800. Or is that for the (FLR(M)? (Trust this is lack of understanding not lack of effort)

 " If you plan to live in the U.K. after marriage many find it much easier to get married in the US and then apply for the spousal settlement visa. " What is the benefit to do ing it this way?

thank you!!
jfkimberly covered most of it!

UK marriage rules also require that you live in the country for 7 days, and then wait another 28 days after giving notice. They do a good job of making it feel quite bureaucratic! Along with the additional financial investment from multiple visas, not being able to work, and no "free" NHS coverage there aren't many benefits to the fiancé visa if you can be married in the US. Many people do a blessing or simple ceremony in the U.K. with their families after doing the legal bit in the US.


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Re: Fiance visitor Visa- sponsorship/marriage US vs UK wedding
« Reply #5 on: October 18, 2017, 01:57:56 AM »
thank you all so much for your help

If, instead, you do a marriage (fiance) visa, your path would be:
Fiance visa from US (6 months); you can't work while and don't get free NHS
*get married in UK*
FLR(M)#1 from UK (30 months; your 5 years starts when this is granted)
FLR(M)#2 from UK (30 months)
After you have been in the UK for 5 years on FLR, you can apply for Indefinite Leave to Remain.
 
FLR#1-
FLR# 2-
 are these 2 separate waiting times and 2 separate visas and costs?

Getting married in the US first:
After US ceremony, is there a minimum waiting period before applying?

 To make sure I'm following, I would be skipping the fiancé visa cost and wait time, and would be applying instead for a spouse visa from inside the US.  Is the wait time for spouse visa similar? and once granted a spouse visa, how soon would I be allowed to work?

More specifically :
 (once initial visa to enter the UK is granted) :
How soon would I be eligible to work on a fiancé time line vs  US ceremony followed by a Spouse visa?

 

US citizen applying for fiancé visitor visa (intending to stay after)

 2013: met fiancé in London
2014: engaged in Grand Canyon
10/29/2017: fiance visa application sending priority 
HOPING TO BE IN LONDON FOR CHRISTMAS
HOPING FOR JANUARY WEDDING


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Re: Fiance visitor Visa- sponsorship/marriage US vs UK wedding
« Reply #6 on: October 18, 2017, 02:15:36 AM »
thank you all so much for your help

If, instead, you do a marriage (fiance) visa, your path would be:
Fiance visa from US (6 months); you can't work while and don't get free NHS
*get married in UK*
FLR(M)#1 from UK (30 months; your 5 years starts when this is granted)
FLR(M)#2 from UK (30 months)
After you have been in the UK for 5 years on FLR, you can apply for Indefinite Leave to Remain.
 
FLR#1-
FLR# 2-
 are these 2 separate waiting times and 2 separate visas and costs?

Getting married in the US first:
After US ceremony, is there a minimum waiting period before applying?

 To make sure I'm following, I would be skipping the fiancé visa cost and wait time, and would be applying instead for a spouse visa from inside the US.  Is the wait time for spouse visa similar? and once granted a spouse visa, how soon would I be allowed to work?

More specifically :
 (once initial visa to enter the UK is granted) :
How soon would I be eligible to work on a fiancé time line vs  US ceremony followed by a Spouse visa?

 

I'm unsure if I read your question right at the bottom, but, if you're asking about work on a fiance visa, you cannot work on a fiance visa (please correct me if I'm wrong).
Decision: Approved (04/11/2018)


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Re: Fiance visitor Visa- sponsorship/marriage US vs UK wedding
« Reply #7 on: October 18, 2017, 02:27:50 AM »
FLR#1-
FLR# 2-
 are these 2 separate waiting times and 2 separate visas and costs?

Yes, you would apply and pay for FLR(M) once after you are married, and again about 2.5 years later.   But you can apply within the UK and remain in country while the applications are pending.  You have to do the FLR(M) twice because it's only valid for 30 months, but you have to be in the UK for 60 months before you're eligible for ILR.

Quote
Getting married in the US first:
After US ceremony, is there a minimum waiting period before applying?

No, there is no minimum waiting time between the marriage and applying.  In fact, there's no minimum waiting time after marrying in the UK and applying for FLR(M), either, if that's what you choose to do. My husband and I did the fiance visa -> marry in the UK -> FLR(M) -> FLR(M) route, and we applied for the first FLR(M) the day after our wedding.  Once you have all of your supporting documents (this includes your marriage certificate, which isn't always available right away, depending on where you get married and what their practice is), you are able to apply.

Quote
To make sure I'm following, I would be skipping the fiancé visa cost and wait time, and would be applying instead for a spouse visa from inside the US.  Is the wait time for spouse visa similar? and once granted a spouse visa, how soon would I be allowed to work?

That is correct.  By marrying in the US, you avoid the fiance visa cost and wait time.  Instead, after getting married in the US, you apply for the spouse visa from the US, and then you enter the UK and your 5 years starts the day you enter the UK.

Quote
More specifically :
 (once initial visa to enter the UK is granted) :
How soon would I be eligible to work on a fiancé time line vs  US ceremony followed by a Spouse visa?

On a spouse visa, you can start work right away, and you are eligible for "free" NHS care (because you paid for it with the IHS fee when you applied for your visa).  The spouse visa is valid for 33 months, so you would need to apply for FLR(M) at the end of those 33 months so you can remain in the UK until you are eligible to apply for Indefinite Leave to Remain after 60 months in the UK.

On a fiance visa, you cannot work.  You would enter the UK on the 6-month fiance visa with no right to work and no "free" NHS care.  After you get married, sometime within those 6 months, you would then apply for the first FLR(M) from within the UK.  After FLR(M) is granted, usually 6 to 8 weeks, you will have the right to work and access to "free" NHS care.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Hi Cedric, welcome to the forum!  :)


Her mum is happy to sponsor , though she works freelance for the same company for several years, she is not on a contract, but earns enough to justify the sponsorship.


Third party sponsorship is not permitted but as it sounds like your fiancé meets the requirements in any case, that's not a problem.
You will also have to prove your relationship and that you have accommodation ready in the UK. And if you do go the fiancé route, you'll need to show evidence of wedding plans.


We were aware that the income requires was 24,800. Or is that for the (FLR(M)? (Trust this is lack of understanding not lack of effort)


Have a read here if you can, it'll give you a better idea of the requirements.  :)

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

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

And I'm another vote for getting married in the US! Much easier, cheaper and less stressful.  :)


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thank you all for your help. this site is a miracle.
I will certainly suggest US ceremony. Would be be saving 6-8 weeks or 30 months? and having about 1500 (pounds)? is this sound about right ?

My fiancé does meet the requirement but will be changing jobs which would be 18k flat ( i read she can make 18k provide letter from new employer stating income promised, while also showing 12 months of past income. We were thinking to have her mum sponsor to make it cut and dry.is a third party sponsor possible but rather unlikely.  see below please

 I read that as of august- third party sponsor is a possibility (from a lawyers website but its verified in the immigration Rules Appendix FM-SE: family members specified evidence)
.(The relationship between the applicant/sponsor and the third part is not likely to change:
Discussing this aspect, the third party, such as a family member or friend, will have to provide verifiable documentary evidence that they are able to support the applicant in the UK and this can take the form of an affidavit which is witnessed / notarised with evidence of the financial support available, e.g. salaried employment or savings. They also need to provide evidence of their financial situation to allow the UKVI entry clearance officer to assess whether the guaranteed financial support will be available to the applicant and sponsor throughout the duration of their settlement visa or further leave to remain (FLR).
The relationship held between the couple applying for the visa and the third party is another important aspect. If the relationship is that of a parent and child, supportive relationship whereby they have always helped each other and there is also evidence of this, then this relationship is unlikely to change. This should be taken into account when relying on third party support.



Immigration Rules Appendix FM-SE: family members specified evidence
1.....
(b) Promises of third party support will not be accepted, except in the limited circumstances set out in paragraph 21A (and to the extent permitted by that paragraph). Existing sources of third party support will be accepted in the form of:
(4) The onus is on the applicant to satisfy the decision-maker of the genuineness, credibility and reliability of the source of income, financial support or funds relied upon, on the basis of the information and evidence provided, having regard (in particular, but without limitation) to the factors set out below.
 21a-21A(1). Where paragraph GEN.3.1.(1) of Appendix FM applies, the decision-maker is required to take into account the sources of income, financial support or funds specified in sub-paragraph (2).

(2) Subject to sub-paragraphs (3) to (8), the following sources of income, financial support or funds will be taken into account (in addition to those set out in, as appropriate, paragraph E-ECP.3.2., E-LTRP. 3.2., E-ECC.2.2. or E-LTRC.2.2. of Appendix FM):

(a) a credible guarantee of sustainable financial support to the applicant or their partner from a third party;
(b) credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or
(c) any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for.
(8) In determining the genuineness, credibility and reliability of the source of income, financial support or funds relied upon under sub-paragraph (2), the decision-maker will take into account all the information and evidence provided, and will consider (in particular):

(a) in respect of a guarantee of sustainable financial support from a third party:
(i) whether the applicant has provided verifiable documentary evidence from the third party in question of their guarantee of financial support;
(ii) whether that evidence is signed, dated and witnessed or otherwise independently verified;
(iii) whether the third party has provided sufficient evidence of their general financial situation to enable the decision-maker to assess the likelihood of the guaranteed financial support continuing for the period of limited leave applied for;
(iv) whether the third party has provided verifiable documentary evidence of the nature, extent and duration of any current or previous financial support which they have provided to the applicant or their partner;
(v) the extent to which this source of financial support is relied upon by the applicant to meet the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. or E-LTRC.2.1. of Appendix FM (as applicable); and
(vi) the likelihood of a change in the third party’s financial situation or in their relationship with the applicant or the applicant’s partner during the period of limited leave applied for.
(b) in respect of prospective earnings from sustainable employment or self-employment of the applicant or their partner:
(i) whether, at the date of application, a specific offer of employment has been made, or a clear basis for self-employment exists. In either case, such employment or self-employment must be expected to commence within three months of the applicant’s arrival in the UK (if the applicant is applying for entry clearance) or within three months of the date of application (if the applicant is applying for leave to remain);
(ii) whether the applicant has provided verifiable documentary evidence of the offer of employment or the basis for self-employment, and, if so, whether that evidence:
US citizen applying for fiancé visitor visa (intending to stay after)

 2013: met fiancé in London
2014: engaged in Grand Canyon
10/29/2017: fiance visa application sending priority 
HOPING TO BE IN LONDON FOR CHRISTMAS
HOPING FOR JANUARY WEDDING


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That only applies in limited/exceptional circumstances when there is a British child involved.

Earning £18,000 in the new job is not enough to qualify even if she made more than the requirement in the prior 12 months.

Do you have combined savings over £16,000 to make up the difference or any non-employment income such as rental or dividend income?

If not, can she stay at the old job a bit longer, until you arrive in the UK at least?The reason this is relevant is that when you enter the country, your circumstances are supposed to be the same as when you applied for the visa or you could potentially be refused entry.
 
Once you are in the UK with permission to work (so coming in on a spouse visa or after FLR if you entered as a fiancé) your employment income counts towards the requirement.
« Last Edit: October 18, 2017, 07:39:35 AM by larrabee »


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thank you all for your help. this site is a miracle.
I will certainly suggest US ceremony. Would be be saving 6-8 weeks or 30 months? and having about 1500 (pounds)? is this sound about right ?

It's 5 years to settlement either way so you would only be saving the time you spend on the fiancé visa but you would be saving the expense of that visa and the hassle of giving notice in the UK and the stress of an extra application.


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Re: Fiance visitor Visa- sponsorship question
« Reply #12 on: October 18, 2017, 07:53:13 AM »
Welcome to the forum :).


If you and your fiance don't have any children, the income requirement is £18,600.  This amount is the same for the marriage (fiance settlement) visa and for the FLR(M) that you would need to apply for after the marriage.  You must show additional income if children are also being sponsored.

Just to clarify this point: the income requirement is 18,600 if there are no non-UK citizen children who are also applying for a visa.

So, it would only apply if YOU had a US citizen child from a previous relationship who was moving to the UK with you, and therefore they needed a visa as well.

If you and your fiance had any children together, or your fiance had any children from a previous relationship, they would be British citizens and would not need a visa, and therefore the income requirement would still be £18,600.

The spouse visa is valid for 33 months, so you would need to apply for FLR(M) at the end of those 33 months

Actually, you don't have to wait 33 months... you can apply up to 28 days before you reach 30 months in the UK. So, if you entered on day 1 of the visa being valid, you would actually be able to apply 3 months and 28 days before the end of the 33 months.

thank you all for your help. this site is a miracle.
I will certainly suggest US ceremony. Would be be saving 6-8 weeks or 30 months? and having about 1500 (pounds)? is this sound about right ?

You would be savings the 6-8 weeks and the cost of 1 visa.

Fiance visa route (at current prices):
- fiance visa, 6 months  = £1464
- First FLR(M) = £1493
- Second FLR(M) = £1493
- ILR = £2297

Total visa cost = £6747

Spousal visa route (at current prices):
- spousal visa, 33 months  = £2064
- FLR(M) = £1493
- ILR = £2297

Total visa cost = £5854

However, the visa fees rise every year in April and they are currently approved to go to £3250 per visa by 2020 (but they will likely rise after that)

Quote
My fiancé does meet the requirement but will be changing jobs which would be 18k flat ( i read she can make 18k provide letter from new employer stating income promised, while also showing 12 months of past income. We were thinking to have her mum sponsor to make it cut and dry.is a third party sponsor possible but rather unlikely.  see below please

A job paying £18K flat will not meet the requirements for the visa. It needs to be at least £18,600.

Does she earn at least £18,600 in her current job, and can she keep it until after you have applied for and received your first visa?

A third party sponsor can only be permitted if:
1) You cannot meet the financial requirements and the visa is going to be refused
AND
2) you have a UK citizen child living in the UK whose right to family life in the UK will be violated by preventing you from being able to live in the same country as them

Bear in mind that if you marry in the UK on a fiance visa, you will have to meet the financial requirement again within 6 months, which could be tricky if she wants to change jobs.

But, if you marry in the US and get a spousal visa, you won't have to apply for the next visa for another 2.5 years and as you can work right away, your income can be combined with hers for it anyway.
« Last Edit: October 18, 2017, 07:54:38 AM by ksand24 »


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