Lawyer confusion fiancé visa

After many consults we found a lawyer that seems the most informed, although he has never dealt with a case like mine I guess (go figure).

This is a fiancée visa.

I have received a checklist of documents to give him, and the list doesn’t quite look like what is posted to this website, please tell me what needs to be voided.

Proof of living together (this one I thought didn’t make sense as I shouldn’t have lived there and haven’t other than the visitor visa time. He has said to count this time regardless?)

Photos of home along with tenancy agreement ( my partners mom rents and is insisting we live there for free, I have a letter from her stating this and the room amount, is this enough?)
Are the pictures necessary? He sent me a link to a house inspection website so that the houses room number can be verified?

Passport of applicant sponsor and dependent- my only dependent is my son who is a dual british/American citizen, do I need to include a photo copy of his? Also do send my original passport?

4 passport photos- he said this had to be british size?

Utilities bill- I don’t live there, I don’t have utilities. He said my partners would work, but again why do I need it?

Birth certificates of applicant, dependent, sponsor- conflicting with what I’ve read on here.

Store card statements- (boots and such) to prove resisidency in the uk. Shouldn’t I be proving that I’ve never lived in the uk? That whole bit confuses me.

Statement of truth from family and friends stating how long we’ve been together, living together, and that we have a son.


Side note- were including time for paternity in our application as my fiancé took 3 months off unpaid to be with me and my son. The lawyer said that we would take the average of all the prior months and add them to the 3 missing to come up with the total, but I’ve read here that you would just include extra time prior to make up for it.
 Is the lawyer wrong or can you do it both ways? 

Sorry for so many questions! Just trying to not have to apply multiple times haha.

Lots of red flags there... run from that one!

It sounds more like the documents for an unmarried partner visa... it doesn't seem like the lawyer doesn't know what he's doing necessarily (which is a common theme on here!). You're probably better off sorting it out yourself with the help of this forum. 

Yeah, it sounds like he's preparing you for a completely different type of visa - one where you are already living in the UK!

It sounds like he has never dealt with an application made from OUTSIDE the UK before, in which case, I would NOT use him because he will not be able to give you any good advice.

It is worrying though that even if you were applying for a visa from inside the UK, you still wouldn't need most of the stuff he has given you in the list!

- As your son is a dual US/UK citizen, you do NOT need to include any documents for him, as he is not applying for a visa (you would need to send things for an in-country application, but not for a fiance visa application)

- You DO need a copy of the photo page of your sponsor's UK passport

- There is no visa for which you need 4 passport photos. For a US-based application, you send 1 photo of the applicant, US or UK size. For an in-country application, you send 2 photos of each applicant and 1 photo of the sponsor.

- For the accommodation, you need your sponsor's mum's original tenancy agreement and a letter from her LANDLORD giving you permission to live there (you could also include a letter from her saying she doesn't mind if you live there with her). You do NOT need an inspection report or any photos.

- You do not need utility bills for a fiance visa

- You do not need ANY birth certificates for a fiance visa (for an in-country application, you would send your son's passport and birth certificate though)

- Statements from friends or family members cannot be considered for any settlement visa application (in the US or the UK)

- Store cards are not needed for any visa (though they could be used as a last resort to show proof of co-habitation for an in-country application)

Yeah, don't use this lawyer.  First and foremost, he doesn't have experience with a case like yours?  What is it that makes your case unique?

You do not need:
Proof of living together - as you haven't lived together before
Photos of the house
Home inspection report
Passport for your British child
4 passport photos (only 2 if I recall correctly)
Utility bills
Birth certificates (with the exception of your child's birth certificate, I would include that)
Store cards?  That's a new one!
Testimonials - won't be considered

Have a look at the bits about paternity pay.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

5.5.21. Any period of unpaid maternity, paternity, adoption, parental or sick leave in the 12
months prior to the date of application will not be counted towards any period relating to
employment, or any period relating to income from employment, for which Appendix FMSE
provides. For example, if a person takes 2 weeks’ unpaid parental leave, this period
will be discounted and will not be considered to have broken any continuous period
relating to their employment or to their income from employment, and the person can
show that they meet the annualised average income required over a period of 6 months
and 2 weeks prior to the date of application.

4 passport photos (only 2 if I recall correctly)
Birth certificates (with the exception of your child's birth certificate, I would include that)

It's only 1 passport photo, and I've never heard of a British child's birth certificate needing to be included for a fiance visa... for FLR(M) or ILR from inside the UK, yes, you need to include it, but not for an entry clearance visa (fiance or spouse).

It's only 1 passport photo, and I've never heard of a British child's birth certificate needing to be included for a fiance visa... for FLR(M) or ILR from inside the UK, yes, you need to include it, but not for an entry clearance visa (fiance or spouse).

Ah, one photo.  I thought it might be one.

And you are spot on with the birth certificate being needed for FLR(M) and not the original visa.  The heat is getting to me.   

Aww man, see I knew it seemed weird! I don’t think he’s done any application from outside the UK either as he STRONGLY recommended that I just apply from inside on a tourist.

I did read the bit on paternity and how it looks like added time but I just wanted to make sure.

So since my partner is freelance we have to do the last 12 months income, if he took 3 months paternity I would send in the last 15 months finances?

Also my future mother in laws house is a council home, will that be an issue? We will have to try to get a letter from them stating that it’s okay for us to be there (if it’s even possible to get ahold of them or allowed). Otherwise I guess my partner will have to look for a different place.

Aww man, see I knew it seemed weird! I don’t think he’s done any application from outside the UK either as he STRONGLY recommended that I just apply from inside on a tourist.

I did read the bit on paternity and how it looks like added time but I just wanted to make sure.

So since my partner is freelance we have to do the last 12 months income, if he took 3 months paternity I would send in the last 15 months finances?

Also my future mother in laws house is a council home, will that be an issue? We will have to try to get a letter from them stating that it’s okay for us to be there (if it’s even possible to get ahold of them or allowed). Otherwise I guess my partner will have to look for a different place.

Self employed is a big can of worms.  What is your partners financial year?

He’s legally not allowed to say self employed, (something about the kind of job he has). He’s freelance with media, (like the example about the painter in varied pay).

His financial year is April to April.

So I guess our plan is if we apply in aug to give the finance from June 2017-Aug 2018 (because of paternity, does this sound correct?)

Also on that council question, is this allowed? And if not can we just APPLY and get accepted for a new home and get a statement from the proposed landlord saying that I have permission to live there on the bias of visa acceptance?  Thanks for replying! The lawyer gave me so much info that’s clearing not correct 😅

He’s legally not allowed to say self employed, (something about the kind of job he has). He’s freelance with media, (like the example about the painter in varied pay).

His financial year is April to April.

So I guess our plan is if we apply in aug to give the finance from June 2017-Aug 2018 (because of paternity, does this sound correct?)

Also on that council question, is this allowed? And if not can we just APPLY and get accepted for a new home and get a statement from the proposed landlord saying that I have permission to live there on the bias of visa acceptance?  Thanks for replying! The lawyer gave me so much info that’s clearing not correct 😅

Do his taxes get taken out of his check automatically or does he file a self assessment tax return and pay taxes then?

If the council grants permission and the accommodation is not overcrowded then you can use that for the visa. You could also go the other route you mention.

He gets paid with PAYE, and the taxes get taken out with each check.

Now to try to get the council to say yes! Thanks!

He gets paid with PAYE, and the taxes get taken out with each check.

Now to try to get the council to say yes! Thanks!

That's great! Means he is not self employed. 

Good luck speaking with them, hopefully it will go smoothly!