Fiance visa...a couple of questions.

Hi everyone. This is my first post on this site. I have been trying to look through prior posts and find the answers before resorting to posting, but I'm not having much luck.

My fiance and I are considering filing for a fiance visa to settle in the UK. I am an American citizen.

I have a 16 year old son who is still on the fence as to whether he wants to come over right away. Is it possible to petition him over a few months down the road or does it have to be done at the same time that I file my application?

Also, he receives social security benefits from his fathers record. Would we be able to combine those benefits with my fiance's employment earnings in order to exceed income requirements?

Thank you in advance for any advice that anyone can give.

Jaimee

Hi everyone. This is my first post on this site. I have been trying to look through prior posts and find the answers before resorting to posting, but I'm not having much luck.

My fiance and I are considering filing for a fiance visa to settle in the UK. I am an American citizen.

I have a 16 year old son who is still on the fence as to whether he wants to come over right away. Is it possible to petition him over a few months down the road or does it have to be done at the same time that I file my application?

Also, he receives social security benefits from his fathers record. Would we be able to combine those benefits with my fiance's employment earnings in order to exceed income requirements?

Thank you in advance for any advice that anyone can give.

Jaimee

A fiancee visa is only valid for 6 months, so if he applied 3 months after you, he would need to renew his visa (apply for FLR(m)) at the same time as you and that is a hell of a lot of money for a 3 month visa...

If he stays in the US until you are granted your FLR(m), which could take a couple of months after your marriage if applying by post, it might become difficult for you to prove sole responsibility, which is a requirement of the visa. He must also apply as your dependent well before he is 18. After he's 18, he will not qualify as your dependent and would have to qualify in his own right for a UK visa. The only real route with that would be a Tier 4 student visa which does not lead to settlement.

Pretty sure you can't include your dependent's income in with your sponsor's income to meet the financial requirement. There was a recent court judgement that might have an effect on that, but it remains unclear. Have you read through the financial requirements? Before considering applying for settlement it is absolutely imperative that you have all of your docs and info sorted before submitting the online application and submitting biometrics...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Thank you very much for your response. I just read through your link and found that 6.1.10 states:
"Income from Category C can be combined with income from
Category A and Category B: salaried and non-
salaried employment, Category D: cash savings and Category E:
pension in order to meet the financial requirements."
I'm under the assumption that means that they can be combined. I have read through posts on here and have yet to find someone who has done this, however.

Thank you again.

Thank you very much for your response. I just read through your link and found that 6.1.10 states:
"Income from Category C can be combined with income from
Category A and Category B: salaried and non-
salaried employment, Category D: cash savings and Category E:
pension in order to meet the financial requirements."
I'm under the assumption that means that they can be combined. I have read through posts on here and have yet to find someone who has done this, however.

Thank you again.

From the guidance:
6.1.2.
Unless otherwise specified, the specified non-employment income which the applicant’s
partner and/or the applicant have received in the 12 months prior to the date of
application can be counted towards the financial requirement.
6.1.3.
The relevant asset on which any income is based must be in the name of the applicant,
their partner or both jointly and held or owned at the date of application. 

Yes they can be combined, but you mentioned SS was paid to your son? That would not count as it is not in your name or your sponsor's name.