Fiancee Visa questions - rental agreement, divorce proof, possible ban

Hi all,

So glad I found this forum.  (And so very sorry I didn't find it earlier.)  I'm hopefully going to be putting together a fiancee visa application soon, and had some questions for you helpful folks.

1)  Rental agreement.  His house is actually rented in my name.  I was back and forth visiting a lot this year, and we wanted room for his kids to come visit. His credit isn't good, and I was able to pay 6 months' rent up front, so I just rented a house.   The letting agents were supposed to put him on the agreement as another person living there, but they didn't.  Should we ask the letting agents to draw up a new agreement in both names?  Would my name on the agreement and him listed as additional tenant work?  Does a rental agreement in my name just totally not work? 

2)  Divorces.  We're *both* in the middle of getting divorced (ugh).

Mine: My paperwork is about to go to the courts in San Francisco, which means about 2-3 months and it will be done.  No way will it take more than 6 (California has a 6-month waiting period, but the clock has run out on that already).  I'm wondering if a letter from the lawyers handling my divorce will be sufficient?   

His: He should get his Decree Nisi soon, which means 6 more weeks wait and he's done.  Does his Decree Nisi suffice? If not, what other paperwork could he show?

3 ....biggest for last....)  I'm actually waiting for a response on a visitor's visa now.  It's been 15 working days, which (horribly) gave me a chance to obsess and read online, and what I found let me know I botched the app.   After reading the forums here, I'm fairly certain it will be refused.   

Why I got the visa: I was never denied entry, but on one trip through, the person I spoke with said I was coming and going too often -- especially because I'm in Ireland often on business -- and should get a visa.  He said "you haven't done anything wrong, but I'm putting a note in your file".  The guy was very low-key about it and I wrongly treated the visa like a formality.   I gave printouts of upcoming flights booked, mentioned that visits would coincide with other trips (Ireland for business, elsewhere in the EU for pleasure), listed all my past visits -- including flights from Ireland with no passport stamps -- and thought I was fine.

Why I'm thinking I will be refused and possibly banned:  The note in my file almost certainly mentions me having a boyfriend in the UK.  But my application doesn't say "visiting boyfriend" - it says "tourism and visiting friends".  To be honest, I don't call him my boyfriend. I'm 41, still legally married to someone else, and "boyfriend" just sounds weird.   But from what I've read here, that's going to be seen as deception.  So I screwed that up, bigtime.   I *also* read here that even if I get banned, I might still have some chance at a fiancee or spouse visa.   Hoping and praying that one's true...

You rented a home whilst on a visitor's visa?

 Erk, yeah.     He wasn't going to be able to rent anything decent with his credit, I was going to be staying with him whenever I came to visit, and I just walked up and rented it.

1. Well it isn't his house...it's your house and what this is going to look like is trying to settle in the UK without the proper visa which may shoot your visitor visa down in flames. However for fiancee or spousal visa purposes this just shows ties to him and proof of your relationship. You're definitely going to need something from the landlord stating that it is OK for him and his children to live in the residence since you are the only person on the lease and for fiancee & spousal visa purposes you'll have to prove adequate accommodation & that the property is not overcrowded.

2. Regarding divorces & pending divorces from the UKVisas webpage.

SET1.15 What evidence is required to prove freedom to marry?

For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he/she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married/in a civil partnership previously and is concealing this fact. In such cases the ECO should make whatever enquiries as seem appropriate.

The ECO should warn anyone going to the United Kingdom for marriage who has previously been married/in a civil partnership that he/she may be required to provide the Registrar with evidence of freedom to marry before the Registrar can accept a notice of marriage.

Where the ECO has doubts about an applicant’s intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:

Widowed person: death certificate of the late spouse.
Surviving civil partner: death certificate of the deceased civil partner.
Divorced person: evidence of divorce eg a divorce certificate.  NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued.  A decree nisi is not acceptable evidence.
SET13 Overseas divorces
Dissolved civil partnership: evidence of the dissolution eg dissolution certificate.

3. No use in getting worked up over something that's not even happened yet. Just be aware that as a visitor and as a fiancee you're not allowed to perform ANY TYPE OF WORK whether it be as a self employed person, or working for a non UK based company or any company or person in the UK. You're not allowed to work PERIOD. That is what is concerning me when you state that you were in the UK on business, not the semantics of boyfriend/friend. Though for the visitor visa they might ding you on it, however it should not hamper any future application in the Family Settlement category. As we've seen a few people be refused visas and then be able to get fiancee/spousal visas in the end.

Thanks for the info, WebyJ 

I'm thinking there must be more to the story on divorces, though?  I read Vicky saying "The most common reason for extending is a delay to divorce proceedings" in this thread: http://talk.uk-yankee.com/index.php?topic=53655.0 [nofollow] which has me thinking that other people must have started fiancee visas before divorces were final.

I can definitely show that I have funds to live on as a non-working fiancee.  The gig that brought me to the Republic of Ireland so often is wrapping up now, and the only work I'm doing for that client in future will be on site in Dublin.  I'm selling my home in California which will put money in the bank and I can legitimately hang out and not work while I wait to be legal.  Sounds like I need to document that as well?  (I don't go to the UK on business and don't have clients in the UK.)

Whoops - I read further down http://www.ukvisas.gov.uk/en/ecg/settlement/fiancees#18013077 [nofollow] and I see this.

SET1.17 What if the divorce/dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone.  The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

Is anyone around who has done this and can advise on what evidence would suffice?

Thanks again for replies.  I need the information, and frankly also just being able to type this stuff out vs spinning it in my head for hours is a huge relief.

I'm thinking there must be more to the story on divorces, though?  I read Vicky saying "The most common reason for extending is a delay to divorce proceedings" in this thread: http://talk.uk-yankee.com/index.php?topic=53655.0 which has me thinking that other people must have started fiancee visas before divorces were final.

The thread you brought up is from May 2009, subsequent to that the guidance that I gave you from the official UK Border Agency website is the most up to date and recent information from 25 June 2009. UKBA does not like extending fiancee visas and will only do it in the most EXTREME and EXTUNATING of circumstances.

Requirements for an extension of stay as a fiance(e) or proposed civil partner

293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:

(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and

(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and

(iii) here is satisfactory evidence that the marriage or civil partnership will take place at an early date; and

(iv) the requirements of paragraph 290 (ii)-(vi) are met.

Extension of stay as a fiance(e) or proposed civil partner
294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met.

Refusal of extension of stay as a fiance(e) or proposed civil partner
295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met.

I can definitely show that I have funds to live on as a non-working fiancee.  The gig that brought me to the Republic of Ireland so often is wrapping up now, and the only work I'm doing for that client in future will be on site in Dublin.  I'm selling my home in California which will put money in the bank and I can legitimately hang out and not work while I wait to be legal.  Sounds like I need to document that as well?  (I don't go to the UK on business and don't have clients in the UK.)

You will definitely need to prove that you and your fiance can provide adequate funds for your maintanace for yourselves as a family, children included. How many children does he have and do you have any children that you are financially responsible for or that are going to be living with you in the UK? The amount increases significantly with each dependant added so you will need to make sure that either his income will be enough to support all of you during the fiancee period OR you need to show adequate savings in order to cover any deficiencies in income.

Divorces: we won't need to extend the applications. My worry was *starting* the app before getting divorced, which it looks like I can do.

Adequate funds:

He has three children, who won't live there but who do visit and stay overnight.  I can get a letter from the property managers saying he's allowed to live there and the kids are allowed to visit.  The house has four bedrooms.

I'll have over £40,000 in the bank when we make the application.  (Money from my home sale, which I can document.) 

His income is barely adequate for himself and the child support he pays.  With money in the bank, how much should I do towards proving my own income potential? I can show excellent past income from self-employment, and a BA from U.C.  Berkeley. Could also show emails from recruiters with salaries mentioned (£40-£65,000) if those would be accepted.

The problem with this is that you cannot work whilst on a fiancee visa.  So you can include your savings in a budget, but you will need to show that you can live off those savings for the 6 months of your fiancee visa (or however long you will be on that visa before getting married).  You can include the recruiter letters, but make sure you make it clear that you are aware you cannot work until you recieve FLR(M).

Gotcha, mirrajay.  I've been careful to tell recruiters I'll only be eligible to work after I'm married, so that's in the paper trail.

So, so grateful for these replies!

Gotcha, mirrajay.  I've been careful to tell recruiters I'll only be eligible to work after I'm married, so that's in the paper trail.

So, so grateful for these replies!

Acutally just to clairify. You're only allowed to work once you've gotten married AND have gotten your FLR(M) and have your biometric ID card in hand.