Someday a fiance visa to go from KY to London

Hello,

I'm new here. You can call me Lady (most people do even IRL). I've been engaged for sometime (will be 2 years in December for our engagement) to a lovely brit who lives in London but alas I live in Kentucky.

We are really hoping to apply for a fiancé visa in the new year but we cannot make heads or tails of the requirements. Plus there are extra issues like he is a contract worker in a contract job and I've been trying to get off of disability benefits for over a year. I have savings and monetary gifts some of which are in micro loans that can be sold like stock if I need funds but if I don't sell them I receive monthly payments which will eventually total just over $550 a month monthly for the next 3-5 years.

Does anyone know how the fiancé visa evaluates a persons assets? Will my disability benefits be a hinderance? I am told by my lawyer that in my state those who actively pursue getting off of disability tend to find it can take up to 3 years to do so successfully. What about contract work? His job has no plans to let him go and IT is an increasingly contract world. If he has been at the job since last November is that enough to consider it as permanent in a legalese sort of way? Plus I did a lot of contract jobs followed by long times of unemployment which because of my savings abilities never touched any of my larger assets, just drained my local bank account. Is my weird employment history a hinderance? Also, I have a masters degree which might be an asset but I also have a student loan on that degree which might remove that asset. So very lost.

So many questions all with the underlying desire to start my life fully with the love of my life.

Huge respect to everyone who has made or is making the transition. They sure don't make it easy.

*confused*

But yeah that's me...hi!

The burden to meet the financial requirements is up to the UK citizen.  As a contractor, I believe he would be Category F.  Someone correct me if I'm wrong.  Here are the ways (stolen from ksand24):

Category A: UK citizen's employment income (or US citizen's income as well if they are in the UK with permission to work)
The UK citizen must have been with the UK company, earning at least £18,600 salary for AT LEAST 6 months.

Category B:  UK citizen's employment income (or US citizen's income as well if they are in the UK with permission to work)
The UK citizen is currently earning £18,600 but has not been with his UK company/not earning £18,600 for 6 months yet (or has a variable income) AND he has also earned £18,600 in total in the last 12 months.

Category C: Non-employment income
Either the UK or the US citizen (or both) have non-employment income of at least £18,600 per year. For example, interest from stocks/shares/dividends, rental income from property you own, child maintenance from a former partner, academic stipend etc.

Category D: Cash Savings
If neither of you has any income, you will need £62,500 in savings, that have been in your account for 6 months or more, in order to qualify for the visa. Or if you don't quite meet the income requirement, you can combine it with savings, but the first £16,000 of savings don't count and then you need 2.5 times the difference between the income and £18,600.

Category E: Pension Income
If you or your husband (or both) have pension income of £18,600 per year, you can qualify for the visa.

Category F and G: Self-employment income over last financial year (F) or last 2 financial years (G)
The UK citizen's self employment income of £18,600 over the last 1 or 2 financial years

I don't have any advice to give but wanted to say hi to a fellow Kentuckian! I just moved to Newcastle from Lexington and am really enjoying it. Best of luck to you on your journey!

Thanks for the info and thanks for the greeting inversed. I hope we can get me there within the upcoming year as it really sucks to be in such a long distance relationship. I miss my fiancé very very much. Kentucky holds nothing for me these days.

Hi Ladyfox,
I'm new here too, up in NY and waiting to apply for my Fiance Visa also. I haven't seen him in 2 years and 7 months!    I think we're a bit closer to applying than you because we're just getting ready. Gary has to get his house ready (cleaned top to bottom) to have the inspection and also the landladies consent.

I think we'll get some good advice here. Nice to meet you!
Mary

Ouch that is a long time. I am lucky because I see my fiancé at least once a year. Twice a year every so often like this year.

I am wondering where all the application forms are because the UKBA site is confusing and I want to pour over the documents to see what I need to do.

Also, I am wondering what happens if my fiancé switches roles and goes to another job? Does that set the quest for 18600GBP for a year proved by 6 months back to square one?

Anyone know? Also what about renting a room in a house share. London isn't cheap and that's where he dwells at present and where I would live until we found a place just for us or a bigger house share?

I am wondering where all the application forms are because the UKBA site is confusing and I want to pour over the documents to see what I need to do.

The information details for a fiance/spousal visa are here:
https://www.gov.uk/join-family-in-uk/overview

You will need to fill out the online application form here:
https://www.visa4uk.fco.gov.uk/

And you also need to fill out VAF4a Appendix 2, which can be found on this page (second link):
https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

If you want to look at the VAF4a paper version of the online application form for reference before you apply online, it's the first link on that page.

Also, I am wondering what happens if my fiancé switches roles and goes to another job? Does that set the quest for 18600GBP for a year proved by 6 months back to square one?

It depends on his financial situation over the previous 12 months. There are two ways to meet the income requirement based on his employment:

Category A: he has been with his new employer, earning £18,600 for at least 6 months
For this category, he needs to wait until he has been in the new job for 6 months before you apply.
He needs to provide:
- 6 full months of payslips and bank statements
- letter from his employer
- job contract
- P60 (if he has one)

Category B: He has been with his new employer for LESS THAN 6 months, or his income is variable
If he has a new job that pays £18,600, but he hasn't worked there for 6 months yet, you can still apply for the visa if he has ALSO earned at least £18,600 in total in the previous 12 months before you apply for the visa.
He needs to provide:
- as many payslips and bank statements as he has received so far
- letter from his employer
- job contract
- P60 if he has one
PLUS
- last 12 months of payslips and corresponding last 12 months of bank statements showing that he has earned £18,600 or more in that time.

So, it depends how much he has earned in the last 12 months, if it's over £18,600, you can apply before 6 months is up, if not, then you have to wait the full 6 months.

Also what about renting a room in a house share. London isn't cheap and that's where he dwells at present and where I would live until we found a place just for us or a bigger house share?

I believe a house share is fine, although not that many people here have applied using a house share as accommodation.

You would need his tenancy agreement and a letter from the landlord giving you permission to live there too. Then it would depend on the nature of the shared property - whether it's an HMO (House in Multiple Occupation) or not as to whether you would need to provide anything else as well.

See here for more details on adequate accommodation:
https://www.gov.uk/government/publications/maintenance-and-accommodation-maa/maintenance-and-accommodation-maa--2#maa9-assessing-adequate-accommodation

Thank you so much for all the valuable information

One more quick question: So basically B doesn't count if he didn't make the 18600 and we start at square one with the new job? Even if I have the amount needed to cover the difference (I know someone said you need 2.5 times the difference and the first 16000 GBP doesn't count but I still have that).

Thanks again and sorry for harassing for a bit more clarity. They do not make it easy and I'm so sick of being away from the one who makes me happy.

One more quick question: So basically B doesn't count if he didn't make the 18600 and we start at square one with the new job? Even if I have the amount needed to cover the difference (I know someone said you need 2.5 times the difference and the first 16000 GBP doesn't count but I still have that).

Yes, if he hasn't earned at least £18,600 in the previous 12 months, then you can't apply under Category B and he will have to wait 6 months until you can apply under Category A.

Your savings can only be used to top up the income from the new job, they can't be used to make up the past earnings of £18,600 in the last 6 months. It's true that the first £16,000 don't count and then you also need 2.5 times the difference between his salary and £18,600 on top of the £16,000.

So, for example:

Category A:
He started a new job in January 2014. He has been with the employer for more than 6 months, but he only earns £15,000 per year. In that case, you can use your savings to make up the difference, but you will need £25,000 in savings, which have been in your account for 6 months before applying (£16,000 + (2.5 x £3,600) = £25,000).

Category B:
1) He started a new job in July 2014. He has NOT been with the employer for 6 months yet and he only earns £15,000 per year. In that case, you can use your savings to make up the difference, but you will need £25,000 in savings, which have been in your account for 6 months before applying.
2) He has also earned £20,000 in the last 12 months

He meets both criteria for Category B, so he can apply now.

Category B:
1) He started a new job in July 2014. He has NOT been with the employer for 6 months yet and he only earns £15,000 per year. In that case, you can use your savings to make up the difference, but you will need £25,000 in savings, which have been in your account for 6 months before applying.
2) He has only earned £12,000 in the last 12 months.

He can meet the first criteria for Category B using your savings as well, but he cannot meet the second criteria, so he can't apply under this category and will have to wait until he has been in the job for 6 months to apply under Category A.