Need Help with Fiance Visa Process (US Male, UK Female Citizen)

And am I able to start the application but not pay for or submit it?  That way I can submit it and get the BRP appointment done as soon as I receive her documents?

Yes.

The wedding is 22 July 2018.  However, I was coming over a little early so that I could help plan the wedding (menus, tastings, etc) and because we were invited to one of her friends weddings which I was hoping to attend in May.

Are you marrying in England/Wales or in Scotland?

If you're marrying in England or Wales, you will have to be resident in the county where you will marry for 7 days before you can give notice to marry. As you will have a visa, you'll then need to give notice at a designated registry office, showing your visa that proves you have permission to marry in the UK. Then you have to wait at least 28 days from the date you give notice before you can marry (if you have a visa, your case may be referred to UKVI for extra checks which can take up to 70 days, but this shouldn't happen if you already have a fiance visa).

Therefore, if the wedding is in England or Wales on July 22nd, you will need to enter the UK by 17th June at the latest.

If you are marrying in Scotland though, there's no 7-day residency period and I believe you can give notice by mail, so you would only need to wait 28 days from giving notice before marrying.

And am I able to start the application but not pay for or submit it?  That way I can submit it and get the BRP appointment done as soon as I receive her documents?

Yes, that's the best way to do it . Just keep saving it and it should stay active.

Are you marrying in England/Wales or in Scotland?

If you're marrying in England or Wales, you will have to be resident in the county where you will marry for 7 days before you can give notice to marry. As you will have a visa, you'll then need to give notice at a designated registry office, showing your visa that proves you have permission to marry in the UK. Then you have to wait at least 28 days from the date you give notice before you can marry (if you have a visa, your case may be referred to UKVI for extra checks which can take up to 70 days, but this shouldn't happen if you already have a fiance visa).

Therefore, if the wedding is in England or Wales on July 22nd, you will need to enter the UK by 17th June at the latest.

If you are marrying in Scotland though, there's no 7-day residency period and I believe you can give notice by mail, so you would only need to wait 28 days from giving notice before marrying.

Yes, that's the best way to do it . Just keep saving it and it should stay active.

Awesome, thank you.  We are getting married in England, and I will most definitely be a residing in the same county for 7 days.  How much is the priority processing fee, how much time would it cut down on our wait, and what does it change about the process?

Here is my general list of documents that are required, though they may need to be further tailored to your situation. It sounds like she will meet Category A of the financial requirement, so I have included those documents

My list:

Applicant (US citizen)
- Receipt for priority processing (if paying for priority)
- return shipping label
- Optional contents letter... no personal info, just a list of documents in the package
- Printed online application form (don't submit until you have all the documents in your hands and are completely ready to mail the application package to Sheffield)
- Completed VAF4a Appendix 2 form
- Stamped Biometrics Confirmation Sheet (when you have attended the biometrics appointment)
- Receipt for IHS surcharge payment
- 1 passport photo (they can be US or UK size)
- US passport
- All previous passports
 
Sponsor (UK citizen)
- Copy UK passport photo page (photocopy usually okay, but can be certified by the Post Office for about £10)
- Sponsor letter of support for the visa, with no personal feelings, just stating how she meets each visa requirement:
i) how she qualifies to be a sponsor (her UK citizenship)
ii) her current employment details and which financial category she meets
iii) where you will live together in the UK, including the address and property details
iv) a short history of the relationship and why you are choosing to live in the UK together - short and to the point, with dates and facts only, no personal feelings.

Accommodation
If she owns her flat and you will live there together:
- her Land Registry document
Optional extra:
- her latest original mortgage statement

Finances
Category A:
- 6 full months of original payslips showing earnings of at least £18,600 before tax (£1,550 per month before tax if salaried) - the latest one must be dated within 28 days of your online application date
- 6 full months of original bank statements showing the deposit of every payslip - the latest one must be dated within 28 days of your online application date
- original letter from her current employer, dated within 28 days of your online application date, stating:
1) how long she has worked there,
2) hwe current salary,
3) how long she's been earning that current salary,
4) the type of employment
Optional but recommended as the guidance says they may ask for them:
- original job contract
- latest P60

Relationship evidence
- no more than 2 photos of you together
- boarding passes from trips to see each other
- any physical letters and cards sent to each other
- 1-2 pages of screenshots of WhatsApp calls/messages... no message content should be included
- 1-2 pages of screenshots of any other communication type

Evidence of Plans to marry in the UK:
- email chain from church or registry office enquiring about possible dates for the ceremony
or
- provisional booking for the wedding, though most people cannot confirm dates until they have their visa and are in the UK, as you will have to wait at least 28 days from giving notice before you can marry, possibly up to 70 days if your case is referred to UKVI.

You should also include photocopies of all original documents you wish to be returned to you.


Things you do not need because they won't or can't be considered:
- testimonials from family and friends
- birth certificates
- utility bills
- your degree certificate/transcripts
- property inspection report
- receipts from restaurants, hotels etc.

I'll have a couple more questions after talking to my fiancee but I have a few now:
- when you say don't include message content from WhatsApp what do you mean?  Do you mean I need to black out what was said in the messages?

- She bought the flat outright and does not receive mortgage statements because of this, how should we proceed on that front?

- Does she need a letter from her current employer even if she has the original job contract, and bank statements?

- Neither of us know what a P60 is, could you please explain?

- Are the email coorespondances between wedding vendors (flowers, cake, DJ, musician, etc.) enough evidence?  We also have a couple of invoices (wedding reception venue contract, musician invoice).

Awesome, thank you.  We are getting married in England, and I will most definitely be a residing in the same county for 7 days.  How much is the priority processing fee, how much time would it cut down on our wait, and what does it change about the process?

Priority processing is currently £551 ($793), purchased from the VFS Global website. We are expecting the visa fees and priority fees to increase in early April though.

It gets your application put to the front of the processing line, behind other priority applications, so it is opened and picked up quicker.

Current processing times are:
Priority = about 1-1.5 months
Non-priority = about 3 months

I'll have a couple more questions after talking to my fiancee but I have a few now:
- when you say don't include message content from WhatsApp what do you mean?  Do you mean I need to black out what was said in the messages?

No, I'd just screenshot messages that have the date/name/time on them then paste into Word and crop out the actual message.

You should be able to get 50-60 messages on a couple of pages

- She bought the flat outright and does not receive mortgage statements because of this, how should we proceed on that front?

Nothing. She just includes her Land Registry/house deed.

- Does she need a letter from her current employer even if she has the original job contract, and bank statements?

Yes, it's absolutely mandatory and must include EVERYTHING I listed. Someone's visa recently got refused because their employer letter was not on official company letterhead.

- Neither of us know what a P60 is, could you please explain?

It's like a W-2 form. They are issued by your employer on April 5th every year and give a summary of her total income and total tax paid. If she wasn't working last year, then she won't have one yet. The 2017/2018 ones won't be received for another couple of months.

Priority processing is currently £551 ($793), purchased from the VFS Global website. We are expecting the visa fees and priority fees to increase in early April though.

It gets your application put to the front of the processing line, behind other priority applications, so it is opened and picked up quicker.

Current processing times are:
Priority = about 1-1.5 months
Non-priority = about 3 months

No, I'd just screenshot messages that have the date/name/time on them then paste into Word and crop out the actual message.

You should be able to get 50-60 messages on a couple of pages

Nothing. She just includes her Land Registry/house deed.

Yes, it's absolutely mandatory and must include EVERYTHING I listed. Someone's visa recently got refused because their employer letter was not on official company letterhead.

It's like a W-2 form. They are issued by your employer on April 5th every year and give a summary of her total income and total tax paid. If she wasn't working last year, then she won't have one yet. The 2017/2018 ones won't be received for another couple of months.

She wasn't working there last year so will not have a P60, and will not have one in time before I submit the application.  I think we will be doing priority processing so thank you for that.  Is it an issue that we won't have a P60 or can we provide that at a later time if they ask for one?  Since we don't  have one should we just explain why?

When I said she bought it outright I kind of gave you the wrong information.  She bought a 125 year lease on the flat outright, so I guess doesn't technically own it (unfamiliar with long-term leases). Does this change what we need to provide?

Is the visa application straightforward? I like to think of myself as a bright guy but I don't want to make any common mistakes, or mistakes at all.

Another thing I came across was the NHS/IHS surcharge for 200 quid a year, for the five years I could potentially stay.  Do I pay the entire 1000 quid when we do the application or do I only have to do 1-2 years/200-400 quid?

NCsandHert, it would be a good idea for you to have a read over these links too, they will help you with your understanding of the process.

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

https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa

https://www.vfsglobal.co.uk/usa/user_pay_services.html

For the last six months - is her LOWEST payslip at least £1,550 before tax?

Also, you say that she is changing jobs this summer.  That may mean you need to apply under a different category (Category B) after you marry and switch to your first FLR(M).

Will she have earned £18,600 (gross income) in the 12 months proceeding the application after you marry?

Is it an issue that we won't have a P60 or can we provide that at a later time if they ask for one?  Since we don't  have one should we just explain why?

No, it won't be an issue as it's not a required document - we just recommend sending it just in case. I wouldn't even bother mentioning anything about it. The entry clearance office (ECO) processing the application will be aware that she won't have one because they will see that she was not employed by her current company at that time.

She will only have one if she was employed in the UK during the 2016/2017 tax year... and if she wasn't employed, then she won't have been issued one.

When I said she bought it outright I kind of gave you the wrong information.  She bought a 125 year lease on the flat outright, so I guess doesn't technically own it (unfamiliar with long-term leases). Does this change what we need to provide?

No, she just needs to provide whatever documents the Land Registry holds showing that she owns the lease to the property.

You can search for the property on the Land Registry website and download the official documents showing homeownership for a small fee:
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/?_ga=2.203179217.1740013006.1520785402-1823026650.1509187939

For the last six months - is her LOWEST payslip at least £1,550 before tax?

Also, you say that she is changing jobs this summer.  That may mean you need to apply under a different category (Category B) after you marry and switch to your first FLR(M).

Will she have earned £18,600 (gross income) in the 12 months proceeding the application after you marry?

She said her lowest payslip was at least 1,550 before tax, but would double check when she got off of work.  She won't be making alot more next school year but will still comfortably be  making 18,600 before tax.  She will not have worked an entire school year/have earned 18,600 in the 12 months proceeding my fiance visa application (though she is earning at least 1,550 before tax for 6 months).  Her contract ensures she is paid every month of the year even if school is on break in the summer, so she won't have earned 18,600 until August or September of 2018.  When we are married she will have a contract with her new school and will be making at least 18,600 per year. 

She said her lowest payslip was at least 1,550 before tax, but would double check when she got off of work.

Yeah, she needs to check that... because if she is in salaried employment (fixed annual salary), then they will calculate the amount of income that can be used towards the visa requirement as follows:

Income that can be used = Lowest payslip before tax x 12

As long as that amount is at least £18,600 (lowest payslip is at least £1,550 before tax), the requirement will be met.

She won't be making alot more next school year but will still comfortably be  making 18,600 before tax.  She will not have worked an entire school year/have earned 18,600 in the 12 months proceeding my fiance visa application (though she is earning at least 1,550 before tax for 6 months).  Her contract ensures she is paid every month of the year even if school is on break in the summer, so she won't have earned 18,600 until August or September of 2018.  When we are married she will have a contract with her new school and will be making at least 18,600 per year.

Okay, so if she has not been at the new job for at least 6 months before you apply for the next visa after the wedding (FLR(M)), she must also show at least £18,600 earned before tax in the last 12 months (Category B).

So, that means that after the wedding, if she has already left her current job, you will have to wait until she meets the '£18,600 earned in the last 12 months' requirement before you can apply for FLR(M).

The fiance visa will be valid for 6 months and assuming it is granted in May or June, you will have until November or December to apply for the next visa... so you should have enough time for her to meet the Category B requirement and apply for FLR(M) before your visa expires.

Yeah, she needs to check that... because if she is in salaried employment (fixed annual salary), then they will calculate the amount of income that can be used towards the visa requirement as follows:

Income that can be used = Lowest payslip before tax x 12

As long as that amount is at least £18,600 (lowest payslip is at least £1,550 before tax), the requirement will be met.

Okay, so if she has not been at the new job for at least 6 months before you apply for the next visa after the wedding (FLR(M)), she must also show at least £18,600 earned before tax in the last 12 months (Category B).

So, that means that after the wedding, if she has already left her current job, you will have to wait until she meets the '£18,600 earned in the last 12 months' requirement before you can apply for FLR(M).

The fiance visa will be valid for 6 months and assuming it is granted in May or June, you will have until November or December to apply for the next visa... so you should have enough time for her to meet the Category B requirement and apply for FLR(M) before your visa expires.

This was massively helpful.  Had no clue about the wait for the new job.  We've been so focused on meeting the requirements of what the immigration lawyers have told us, and getting the fiance visa, we haven't really looked much at FLR(M).  She will have made 18,600 by the end of September from this first school year/current job so that's good to hear.  I will get back to you about her lowest pay slip, we're pretty sure it's at least 1,550 before tax.  Thanks.

No, it won't be an issue as it's not a required document - we just recommend sending it just in case. I wouldn't even bother mentioning anything about it. The entry clearance office (ECO) processing the application will be aware that she won't have one because they will see that she was not employed by her current company at that time.

She will only have one if she was employed in the UK during the 2016/2017 tax year... and if she wasn't employed, then she won't have been issued one.

No, she just needs to provide whatever documents the Land Registry holds showing that she owns the lease to the property.

You can search for the property on the Land Registry website and download the official documents showing homeownership for a small fee:
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/?_ga=2.203179217.1740013006.1520785402-1823026650.1509187939

Thanks for the link, already found it.  Should I do one for her parents house as well, since that is where I will be staying until we are married?

This was massively helpful.  Had no clue about the wait for the new job.  We've been so focused on meeting the requirements of what the immigration lawyers have told us, and getting the fiance visa, we haven't really looked much at FLR(M).

It's probably too late now, since you already have the wedding planned, but did you consider getting married in the US and applying directly for a spousal visa?

It's much quicker and easier than marrying in the UK, since she wouldn't need a visa to marry in the US and there's no waiting period (other than 24-48 hours) so she would only have to visit for a few days.

It would mean one less visa to apply for (saving at least £1,000 in visa fees) and you could work, study and use the NHS for 'free' immediately upon arriving in the UK. Then if you wanted, you could have a large celebration in July as just a 'blessing ceremony' without the legal bit.

Plus, since you would only need to apply for one visa, you wouldn't have to worry about meeting the financial requirement in the summer as well.

Thanks for the link, already found it.  Should I do one for her parents house as well, since that is where I will be staying until we are married?

Ah, I missed that you would be staying there until after you were married. In fact, you could just include her parents' house information and not her flat information.

For her parents' house, you will need:
- their Land Registry document (from the website)
- an original letter from her parents giving you permission to live there, confirming the property details and that the home will not be overcrowded with you living there.

This was massively helpful.  Had no clue about the wait for the new job.  We've been so focused on meeting the requirements of what the immigration lawyers have told us, and getting the fiance visa, we haven't really looked much at FLR(M).  She will have made 18,600 by the end of September from this first school year/current job so that's good to hear.  I will get back to you about her lowest pay slip, we're pretty sure it's at least 1,550 before tax.  Thanks.

The big take away from this is that until she can re-meet the financial requirement to sponsor you for FLR(M), you won't be able to work, volunteer, or use the NHS without cost.  So that's something to consider.  And if you apply by post, that could add an additional two months onto the processing.

On that, please be sure to have insurance to cover for any medical needs.  Without insurance, you will be billed 150% the cost of any treatment.  Plus an unpaid bill of £500 will result in an automatic refusal of FLR(M).

I imagine we have completely overwhelmed you two today.  Try to take a few deep breaths, work on the list ksand provided, and evaluate all your options.  It may be that you want to consider legally marrying in the USA first or her postponing changing jobs until after you have FLR(M).