UK marriage visa and onwards

I'm a UK citizen living in the UK. My fiancee is an American citizen currently working in Germany.

We want to both live and work in the UK but all the visa nonsense is making it difficult.

First off, actually getting married. This is a quote from newcomer link: https://www.gov.uk/marriage-visa/eligibility [nonactive]

You must prove that you’re:

* 18 or over
* free to give notice of marriage, to marry or enter into a civil partnership in the UK within 6 months of your arrival
* in a genuine relationship
* visiting the UK for less than 6 months
* leaving the UK at the end of your visit
* able to support yourself without working or help from public funds, or that you can be supported and housed by relatives or friends
* able to meet the cost of the return or onward journey
* not in transit to a country outside the UK, Ireland, Isle of Man and the Channel Islands

The parts that are throwing us that we can apply to get married, get married and then she has to leave the country before we can apply for the "Join Family" visa (leaving the UK at the end of your visit). But also she can't leave the country (not in transit to a country outside the UK, Ireland, Isle of Man and the Channel Islands)?

So there's that. And even after that's out of the way and we're married, we then have to apply for the "Join Family" visa. Neither one of us has any savings and I just landed a job that pays £17.5k plus a guaranteed £2k bonus (paid out alongside salary every month). Does that count as putting us over the £18.6k requirement? I know either way we have to wait 6 months before we can apply for the visa as I've only had the job a week.

I'm pretty shite at explaining things but I think you can get the idea. Any and all advice anyone can give will be very gratefully received.

Welcome to the forum:).

I think you're getting a number of different visas mixed up here.

What you have quoted is from the Marriage Visitor Visa rules, which is a visitor visa (cost £85) that allows people to get married in the UK and then return to live in their home country after the wedding. It doesn't allow her to stay in the UK to live after the wedding and she must prove that she has a job, home and a live to return to in Germany (or the US) after the wedding, and that she has no intention of trying to stay in the UK to live.

In order for her to marry in the UK and then live here afterwards, she would need a 6-month fiance visa, also known as a 'Marriage Visa' (in the 'Join Family' visa section) (cost £956). However, in order to qualify for it, you need to meet the £18,600 requirement before she can apply - which will be in another 6 months or so when you have held your new job for long enough. See: https://www.gov.uk/join-family-in-uk/eligibility

So, your options are:

Marry in the UK - Marriage Visitor Visa
1) Get a marriage visitor visa (£85) to marry in the UK, then she will need to return to Germany (or the US) to apply for a spousal visa in order to move to the UK to live with you. She won't be able to apply for the spousal visa until you meet the financial requirement in 6 months, but getting a marriage visitor visa would mean you could marry in the UK earlier while you're waiting for the 6 months to be up.

Marry in the UK and stay - Fiance (Marriage) visa
2) Wait 6 months, then get a fiance visa (£956, no NHS access so she would need travel/health insurance) to marry in the UK once you meet the financial requirement. Once you are married, she would need to switch to a 2.5-year FLR(M) visa to stay in the UK as your spouse (cost £650 plus £500 NHS levy)

Marry outside to the UK and then move to the UK - Spousal Visa
3) Get married in another country (i.e. Germany or the US - not sure about Germany, but you wouldn't need a visa to marry in the US) and then apply for a spousal visa for her to move to the UK (cost £956 plus £600 NHS levy) when you meet the financial requirements in 6 months.

But also she can't leave the country (not in transit to a country outside the UK, Ireland, Isle of Man and the Channel Islands)?

No, that part means you can't just be transiting through the UK to get married on your way to another country - i.e. she can't be on her way back to the US with a flight layover in the UK on the way, she needs to actually be visiting the UK on a proper visit.

The marriage visitor visa itself is multiple entry so she can leave and return to the UK during the 6 months if she needs to.

Thank you. Honestly I've found this to be nothing but confusing.

Are there risks with these sorts of visas? Could we potentially shell out 1k or more only to end up with nothing? The job she's in at the moment pays peanuts (£2-3k) as it's a learning role she's in and getting her over here so she can work/study ASAP is a top priority.

Are there risks with these sorts of visas? Could we potentially shell out 1k or more only to end up with nothing? The job she's in at the moment pays peanuts (£2-3k) as it's a learning role she's in and getting her over here so she can work/study ASAP is a top priority.

What kind of risks are you thinking of?

The visas are 'tick-box' visas - if you meet all the requirements and send the correct documents, the visa will be granted. Fiance and spousal visa applications made in the US (i.e. by US citizens) have an approval rate of approximately 95-98%.

The 3 main requirements you have to meet for a fiance or a spousal visa are:

Genuine relationship
Evidence that your relationship is real and not a sham for a visa... visits to see each other, time spent together, regular contact by phone, letter or email etc.

Financial Requirement
You make at least £18,600 per year and have done so with the same company for at least 6 months (Category A)
Evidence required:
- 6 months of original payslips showing at least £1550 per month before tax
- 6 months of original bank statements showing the deposit of each payslip
- a letter from your employer stating how long you have been employed, the salary you earn, how long you have been earning it and the type of employment
- your original job contract
- latest P60 (not an absolute requirement - only if you have one/it's relevant for the income you are showing)
See here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420154/Appendix_FM_Annex_1_7_Financial_Requirement.pdf

Accommodation requirement
You have somewhere suitable for both of you to live
Evidence required:
- If you own: your land registry document and mortgage statement
- If you rent: your original tenancy agreement and a letter of permission from your landlord for her to live there too
- If you will be living with family: their land registry document, plus a letter of permission for you to live there (and it won't be overcrowded), mortgage statement

For a fiance visa (and a marriage visitor visa):
Evidence you will marry in the 6 months, for example, evidence of wedding plans, such as email correspondence with the church or registry office regarding possible ceremony dates.