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Topic: Essex, UK lady fallen in love with WA, US man. Need to move him here!  (Read 16546 times)

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Thanks guys. Looks like his divorce is almost finalised. We're both terrible at filling in anything complicated and difficult and my life here is hectic so an immigration lawyer seems like the best way to go, though costly, but thank gawd for my credit card!! Know anyone here that would be good?


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Thanks guys. Looks like his divorce is almost finalised. We're both terrible at filling in anything complicated and difficult and my life here is hectic so an immigration lawyer seems like the best way to go, though costly, but thank gawd for my credit card!! Know anyone here that would be good?

Seriously, you don't need a lawyer unless you have a valid reason why you think the visa will be refused - for example, if he has serious criminal convictions, previous refused visas or entries to the UK, or he has previously illegal overstayed or illegally worked in the UK.

All the information you need is on the UKVI website, and if you find it confusing, we can give you plenty of help guidance on the visa process and how to apply here... for free :).

You can ask us any questions you have about how to fill out the forms, which documents you need and the application process, and we can give you the answers you need, without you having to spend a penny on a lawyer.

I have been on this forum for over 7.5 years now and have seen (and advised) hundreds of people who have successfully got their fiance and spousal visas using just this forum, without needing a lawyer at all. In some cases, they have hired lawyers, only to be given bad and inaccurate advice, and they have ended up regretting paying the money for the lawyer and instead have just turned to this forum for help in getting their visas.


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Seriously, you don't need a lawyer unless you have a valid reason why you think the visa will be refused - for example, if he has serious criminal convictions, previous refused visas or entries to the UK, or he has previously illegal overstayed or illegally worked in the UK.

All the information you need is on the UKVI website, and if you find it confusing, we can give you plenty of help guidance on the visa process and how to apply here... for free :).

You can ask us any questions you have about how to fill out the forms, which documents you need and the application process, and we can give you the answers you need, without you having to spend a penny on a lawyer.

I have been on this forum for over 7.5 years now and have seen (and advised) hundreds of people who have successfully got their fiance and spousal visas using just this forum, without needing a lawyer at all. In some cases, they have hired lawyers, only to be given bad and inaccurate advice, and they have ended up regretting paying the money for the lawyer and instead have just turned to this forum for help in getting their visas.
Hi. Thank you for your kind words. Very encouraging! My fiance's divorce should come through very soon so we are very anxious to start the process very soon. I'm just a bit worried because I get Carer's Allowance and apparently that waives the requirement of having to earn £18,680? I'm afraid it would make it very complicated. Presumably they need paper proof of texts, photos etc? Getting panicky!


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I'm just a bit worried because I get Carer's Allowance and apparently that waives the requirement of having to earn £18,680? I'm afraid it would make it very complicated.

Don't panic - there's nothing to worry about and it doesn't make it very complicated at all - in fact, it may make your application much easier, because you don't have to meet all the strict new financial rules, you can just apply almost as if you were applying under the old immigration rules, which are much simpler.

The introduction of the £18,600 minimum salary requirement in 2012 made the application much more complicated and meant that a good percentage of people could no longer qualify for the visa - I bet there are many people here who only wish they could be exempt from the financial requirement!

If you had to meet the £18,600 requirement:

- only your income can count (the UK citizen's)
- the US citizen's income cannot count at all
- you must have been earning at least £18,600 for 6 months or more
- if you want to use savings to make up the salary to £18,600, the first £16,000 of savings do not count and then you need 2.5 times the difference and the savings must have been in your account for at least 6 months.

If you are exempt from meeting the £18,600 requirement:

- you need evidence of your DLA and at least 1 bank statement from the last 12 months showing it was paid into your account
- you just need to show you have 'enough' money to live off without the US citizen accessing public funds
- you can use your joint income if your husband's US income will continue in the UK (but you can't rely on a job offer or prospective employment for him)
- you can use any savings you have between you, no minimum required.

UKVI define 'enough money' as:
- you have at least as much left over each week after paying rent and council tax as a UK family of the same size would receive in income support from the government.
 
This amount is £113.70 for the couple plus £66.33 per child, per week. If you have 3 children, then this comes to = £113.70 + (66.33 * 3) = £312.69 left per week after paying rent and council tax. Per month, this equates to £1,354.99, or £16,259.88 per year.

So, if you can show you have rent + council tax + £1.354.99 per month in income, you will meet the requirement for the visa.

Quote
Presumably they need paper proof of texts, photos etc?

For relationship evidence, you just include:
- your marriage certificate (if you are already married when you apply)
- 1 or 2 photos of you together
- any boarding passes you have from trips to see each other
- cards/letters you might have sent to each other
- a screenshot or two of your email inbox and/or Skype call log showing a selection of your email subject lines and dates/times and dates of calls (no actual email/call/text content should be included, just dates and times).


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Re:
« Reply #34 on: August 29, 2014, 03:35:51 PM »
Reading the forums, one thing said 6 months to wait for ilr visa.
One post said that after getting married in the UK he would have to come back to the US until he had the money to suport himself.
Does he also have to send his passport in to the visa application place and wait 6 months for the decision?


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Don't panic - there's nothing to worry about and it doesn't make it very complicated at all - in fact, it may make your application much easier, because you don't have to meet all the strict new financial rules, you can just apply almost as if you were applying under the old immigration rules, which are much simpler.

The introduction of the £18,600 minimum salary requirement in 2012 made the application much more complicated and meant that a good percentage of people could no longer qualify for the visa - I bet there are many people here who only wish they could be exempt from the financial requirement!

If you had to meet the £18,600 requirement:

- only your income can count (the UK citizen's)
- the US citizen's income cannot count at all
- you must have been earning at least £18,600 for 6 months or more
- if you want to use savings to make up the salary to £18,600, the first £16,000 of savings do not count and then you need 2.5 times the difference and the savings must have been in your account for at least 6 months.

If you are exempt from meeting the £18,600 requirement:

- you need evidence of your DLA and at least 1 bank statement from the last 12 months showing it was paid into your account
- you just need to show you have 'enough' money to live off without the US citizen accessing public funds
- you can use your joint income if your husband's US income will continue in the UK (but you can't rely on a job offer or prospective employment for him)
- you can use any savings you have between you, no minimum required.

UKVI define 'enough money' as:
- you have at least as much left over each week after paying rent and council tax as a UK family of the same size would receive in income support from the government.
 
This amount is £113.70 for the couple plus £66.33 per child, per week. If you have 3 children, then this comes to = £113.70 + (66.33 * 3) = £312.69 left per week after paying rent and council tax. Per month, this equates to £1,354.99, or £16,259.88 per year.

So, if you can show you have rent + council tax + £1.354.99 per month in income, you will meet the requirement for the visa.

For relationship evidence, you just include:
- your marriage certificate (if you are already married when you apply)
- 1 or 2 photos of you together
- any boarding passes you have from trips to see each other
- cards/letters you might have sent to each other
- a screenshot or two of your email inbox and/or Skype call log showing a selection of your email subject lines and dates/times and dates of calls (no actual email/call/text content should be included, just dates and times).
Thank you. Plenty of info. My next question clashed with yours!


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Re:
« Reply #36 on: August 29, 2014, 03:59:40 PM »
Reading the forums, one thing said 6 months to wait for ilr visa.
One post said that after getting married in the UK he would have to come back to the US until he had the money to suport himself.
Does he also have to send his passport in to the visa application place and wait 6 months for the decision?

What? No. You're getting very, very confused here. The ILR visa has nothing to do with your situation and he won't be applying for it for a number of years.

1) ILR is permanent residence in the UK. He cannot apply for ILR until he has been living in the UK on spousal visas for 5 years... so it's way off in the future... he won't be applying for it until at least 2019.

2) You are the one who has to show YOU can support HIM, not the other way around.

3) Whether he has to go back to the US or not will depend on what visa he has when he's in the UK:
   - if he comes to the UK on a Marriage Visitor Visa, just to get married as a visitor, he will only be allowed to stay for up to 6 months. Then he will have to return to the US to apply for a spousal visa to move to the UK.
   - if he comes to the UK on a 6-month fiance visa, to marry in the UK, he does not have to leave at all. He just applies to switch to an 2.5-year FLR(M) extension visa from inside the UK
   - if you marry in the US before he comes to the UK, you just apply for a spousal visa and then he moves to the UK.
Fiance and Spousal visas are taking anywhere from 3 weeks to 2-3 months for processing right now.

3) Yes, he has to send his passport in every time he applies for a visa, because they can't issue it without the passport. However, he won't have to wait for 6 months, because the visas he will be applying for in the next few months aren't taking that long to be processed.

His visa journey will be either:

If you marry in the US:
- get married in the US
- 33-month spousal visa
- 30-month FLR(M) extension visa
- ILR after 5 years in the UK

If you marry in the UK on a fiance visa:

- 6-month fiance visa
- get married in the UK
- 30-month FLR(M) extension visa
- second 30-month FLR(M) extension visa
- ILR after 5 years on FLR(M) visas


If you marry in the UK on a marriage visitor visa:

- 6-month Marriage Visitor Visa
- get married in the UK and fly back to the US
- 33-month spousal visa
- 30-month FLR(M) extension visa
- ILR after 5 years in the UK


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Re:
« Reply #37 on: August 29, 2014, 05:17:32 PM »
Do I apply for the fiancée visa first here in US before flying to UK or can I do it from their?

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Re:
« Reply #38 on: August 29, 2014, 05:19:42 PM »
Do I apply for the fiancée visa first here in US before flying to UK or can I do it from their?

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You have to apply for it in the US before you fly to the UK.

You can't switch from a visitor visa to any other kind of visa from inside the UK so that wouldn't work... plus the fiance visa doesn't exist as a visa you can apply for in the UK - it is an entry clearance visa only (meaning it gives you permission to ENTER the UK as a fiancee).


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Re:
« Reply #39 on: August 29, 2014, 05:32:56 PM »
Thank you.  Do you happen to have a link to fiancée visa application page?

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Re: Re: Re:
« Reply #40 on: August 29, 2014, 06:23:20 PM »
What? No. You're getting very, very confused here. The ILR visa has nothing to do with your situation and he won't be applying for it for a number of years.

1) ILR is permanent residence in the UK. He cannot apply for ILR until he has been living in the UK on spousal visas for 5 years... so it's way off in the future... he won't be applying for it until at least 2019.

2) You are the one who has to show YOU can support HIM, not the other way around.

3) Whether he has to go back to the US or not will depend on what visa he has when he's in the UK:
   - if he comes to the UK on a Marriage Visitor Visa, just to get married as a visitor, he will only be allowed to stay for up to 6 months. Then he will have to return to the US to apply for a spousal visa to move to the UK.
   - if he comes to the UK on a 6-month fiance visa, to marry in the UK, he does not have to leave at all. He just applies to switch to an 2.5-year FLR(M) extension visa from inside the UK
   - if you marry in the US before he comes to the UK, you just apply for a spousal visa and then he moves to the UK.
Fiance and Spousal visas are taking anywhere from 3 weeks to 2-3 months for processing right now.

3) Yes, he has to send his passport in every time he applies for a visa, because they can't issue it without the passport. However, he won't have to wait for 6 months, because the visas he will be applying for in the next few months aren't taking that long to be processed.

His visa journey will be either:

If you marry in the US:
- get married in the US
- 33-month spousal visa
- 30-month FLR(M) extension visa
- ILR after 5 years in the UK

If you marry in the UK on a fiance visa:

- 6-month fiance visa
- get married in the UK
- 30-month FLR(M) extension visa
- second 30-month FLR(M) extension visa
- ILR after 5 years on FLR(M) visas


If you marry in the UK on a marriage visitor visa:

- 6-month Marriage Visitor Visa
- get married in the UK and fly back to the US
- 33-month spousal visa
- 30-month FLR(M) extension visa
- ILR after 5 years in the UK
Thank you SO MUCH for your very clear help above. We may be panicking for nothing. We're hoping he can get here ASAP after his divorce is finalised because my elderly mum is moving to Australia in October/November and we would love to get married while she is still here.


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Re:
« Reply #41 on: August 29, 2014, 06:30:08 PM »
Thank you.  Do you happen to have a link to fiancée visa application page?

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The main information page is here (it's for all family visas):
https://www.gov.uk/join-family-in-uk/overview

You will need to apply online and also print off VAF4a Appendix 2 and fill it out.

The online application is here:
https://www.visa4uk.fco.gov.uk/

Appendix 2 is here (second link down):
https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Also on that page is the VAF4a paper version of the online application (first link), which you can use for reference to help you fill out the online application.

Thank you SO MUCH for your very clear help above. We may be panicking for nothing. We're hoping he can get here ASAP after his divorce is finalised because my elderly mum is moving to Australia in October/November and we would love to get married while she is still here.

No problem :).

So, you'll need to figure out whether he will be applying for a fiance visa (£885) for him to move to the UK and marry here, then switch to FLR(M) after the wedding (£601 by post or £1,001 in person); or if he will come on a Marriage Visitor Visa (£83) to marry, then return to the US and apply for a spousal visa (£885).


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Re: Re: Re:
« Reply #42 on: August 29, 2014, 09:39:20 PM »
The main information page is here (it's for all family visas):
https://www.gov.uk/join-family-in-uk/overview

You will need to apply online and also print off VAF4a Appendix 2 and fill it out.

The online application is here:
https://www.visa4uk.fco.gov.uk/

Appendix 2 is here (second link down):
https://www.gov.uk/government/publications/application-for-uk-visa-for-family-settlement-form-vaf4a

Also on that page is the VAF4a paper version of the online application (first link), which you can use for reference to help you fill out the online application.

No problem :).

So, you'll need to figure out whether he will be applying for a fiance visa (£885) for him to move to the UK and marry here, then switch to FLR(M) after the wedding (£601 by post or £1,001 in person); or if he will come on a Marriage Visitor Visa (£83) to marry, then return to the US and apply for a spousal visa (£885).
My divorce is finalised September 5th, can I start the visa application process for the fiancée visa now before it's finalised?

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Re: Essex, UK lady fallen in love with WA, US man. Need to move him here!
« Reply #43 on: August 29, 2014, 11:46:28 PM »
You need to have the decree to apply so it's probably best to wait until you have that in hand.


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You need to have the decree to apply so it's probably best to wait until you have that in hand.
OK, thank you.

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