UK Fiance visa application questions - acommodation and passport in married name

Hello all,

Apologies if I ramble but am really curious about a couple of specific questions I have.

I am a UK citizen and my partner (US citizen) and I are planning to apply for a UK fiance visa once he is back in the states in October (he will be visiting the UK in August for 5 weeks all being well!....please be kind immigration officer!)

I have a couple of questions:

PASSPORT NAME CHANGE
I am divorced and have all the supporting documentation, however my divorce only came through in November last year and my partner and I have been together since August last year.  This meant that the 2 times I travelled to visit him in the US I booked tickets and used my passport in my married name.  When I returned to the UK in March this year I set about changing everything back to my maiden name so now driving licence, bank accounts, HMRC etc are all back to my maiden but I haven't changed my passport yet. 

When we apply for the fiance visa I plan to do so in my maiden name as all pay slips, bank accounts etc are in that name.  I know I have to submit a copy of my passport with the app so wondering whether it being in my married name will be an issue?  I had planned on applying for a new one (just waiting for a certified copy of my marriage cert as divorce cert doesn't state maiden name) do you think this is worth it?  Bearing in mind my proof of visiting the US (stamps in passport) are all in my old passport in my married name. If I do apply for a new one should i include copies of both with the app?


LIVING ARRANGEMENTS
In March when i returned from the US I moved in with my friend and his lodger.  I pay him rent monthly including all bills but my name is not on the council tax etc as he owns the property and I do not have a tenancy agreement with him as we are friends and I simply pay him monthly direct into his account.  It is a 3 bedroom house ( a room for each inhabitant) with large living and kitchen space plus a bathroom and front  and back gardens.  The friend who owns the house is abroad with work for 70% of the year and lives with his girlfriend the majority of the rest of the time but does still have a room that he stays in every now and again at the house, the other lodger is single and has his own room.  When we apply I know we have to state a place to live.  My partner and I do intend on getting our own place once the visa is granted but I didn't want to rush into that before the application unless necessary as there is plenty of space for us both in my current double room.  I have read on previous threads that if you're staying with friends/family you need to get the house owner to write a letter stating it is ok for the partner to stay, to send in title deeds, a mortgage statement, council tax bills etc.  However, as my friend is officially my "landlord" do you think it's better to draw up a tenancy agreement as I already pay rent to live there and have him write a letter as my landlord instead?  Or would a letter suffice explaining the circumstances as a friend?  Also I have seen that getting a property inspection is advisable if living in shared accommodation.  Will this be necessary for a 3 bed house occupied by 1 couple (me and my partner eventually)and 2 single people (one of whom is never there?!) Sorry to ramble but it's a bit complicated.  Or would it be advisable to just go ahead and get our own place whilst he's here visiting?




ENGAGEMENT
Another query.  We are not yet officially engaged though we are completely committed and obviously plan on getting married.  We love each other and want to be allowed to live legally on the same continent! He will be proposing officially when he is over here visiting (I hope!) so will it look too quick or odd if we apply for a fiance visa a month or so after getting engaged? (though we will have proof of a 14 month committed relationship prior to our application?) I know they suggest including receipts for engagement rings etc in your application. We just can't bear to do the long distance thing anymore and want to be able to live together as a couple.

FINANCES
Finally!  I will meet the financial requirements and have 6 months pay slips as of my September pay.  However, because I went to the US for 10 weeks and took unpaid leave i ran my account down a little and am in my over draft at the end of each month just now.  Every month I am clawing it back and by September will have been well in credit for a couple of months.  Will they take that into account if I earn above the required amount? My partner has large savings from a property sale but I know we're not supposed to include that as we're using my income to apply under category A.

Any advice much appreciated.  Thank you so very much!!!

As long as you can prove who you are, as the sponsor, the name on your passport won't matter.  Just be sure to include marriage/divorce decrees showing the proof of your name at all times.  It would be cleaner if it was all the same, but it's not.

Either have a letter stating you and your fiancé are welcome to stay with your friend after his visa is granted, or draw up a formal tenancy agreement.  Doesn't matter which.  No need for an inspection.  It's not required and a waste of money.

They don't care if you have an engagement ring or not.  What they want is proof that you will marry within the 6 months of his arriving.  You'll need correspondence with either the registry office on potential dates/provisional booking, etc.

As long as you have 6 payslips that show a minimum of £1550 earned each month, you'll be okay on the finances.  They only care about incoming, not outgoing (weird but true).

As he will be on a fiancé visa, he will have to pay for any use of the NHS.  You should look at medical insurance for him and ensure if he uses the NHS, he pays for any and all treatment (including full price for prescriptions, not the £8 concession).

Thanks so much for getting back to me

As long as you can prove who you are, as the sponsor, the name on your passport won't matter.  Just be sure to include marriage/divorce decrees showing the proof of your name at all times.  It would be cleaner if it was all the same, but it's not.

Thank you!  I may apply for a new passport anyway as if I travel in the near future I do not want to do so in my married name anymore (i want to cut all ties!) I will make sure to include original marriage certificates and decree absolute (absolute only shows married name annoyingly but wedding cert plus birth certificate should clear that up!)

Either have a letter stating you and your fiancé are welcome to stay with your friend after his visa is granted, or draw up a formal tenancy agreement.  Doesn't matter which.  No need for an inspection.  It's not required and a waste of money.

I have read differing opinions on the reports due to overcrowding etc.  I think perhaps a tenancy agreement will be best and then a letter saying he has no issue with my partner staying at the property. I read some people who had had issues with not providing an inspection though they could have been extreme circumstances.  It looks like a waste of money to me too!

They don't care if you have an engagement ring or not.  What they want is proof that you will marry within the 6 months of his arriving.  You'll need correspondence with either the registry office on potential dates/provisional booking, etc.

I will make sure we have correspondence with relevant registry office and deposit paid if possible. Plus receipts for any other arrangements we have in place (dinner/wedding dress/rings etc)

As long as you have 6 payslips that show a minimum of £1550 earned each month, you'll be okay on the finances.  They only care about incoming, not outgoing (weird but true).

Because I am applying using non salaried (varied) income from 2 jobs under category A (all perfectly fine i'm told according to several immigration lawyers and forums) rather than salaried the calculation is different (6 months gross divided by 6 then multiplied by 12) so my payslips don't have to show £1550 each month just what i was actually paid each month corresponding to my payslips and bank statements but the gross total adds up to about £22,000 so should all be fine! V glad to hear that money going out is not an issue!

As he will be on a fiancé visa, he will have to pay for any use of the NHS.  You should look at medical insurance for him and ensure if he uses the NHS, he pays for any and all treatment (including full price for prescriptions, not the £8 concession).

Yes, we will get travel insurance for his stay.  I know he has to pay the NHS surcharge when we come to apply for the spousal visa.  Hopefully he wont need any treatment or medication before then!

Thank you once again.  I really appreciate it!