New to the process

First off thanks in advance for any information or help. I've been going through these forums and everything seems so confusing. My fiance is a UK citizen but has children so we aren't sure if she will get court approval to move here.

As of right now, we don't know the best way to go.  I am saving like crazy and she is working full time to meet the 18,500 requirement in the next year (From our understanding it can also be 16,000 with 2.5x the remainder in savings (so 7,500) which is probably where we are aiming.

What I am trying to figure out is what is the best/easiest way to go about this. She has benefits because of the kids so I didn't want to risk marrying, throwing those off, and then still taking further time to move there.  I was looking to move and get married almost immediately after for the sake of simplicity and then of course start work as soon as possible after that to help.

Can anyone help me understand what is best in terms of expediting this process and having the least amount of issues?  We have 3 documented trips of me going to the UK this year alone (4 if you count December). I think the only thing we are waiting on is the financial requirement.  Thanks in advance!  I am happy to know I am not going through this alone!

Welcome!

Yes, she needs to be earning £18,600 minimum a year to sponsor you (and needs to be in this job for a minimum of six months before she can sponsor you).  I'm a bit confused about the kids - do you have kids you are trying to move over as well?  If so, that increases the requirement.  Any children she has will not increase the requirement.

To move to the UK without her sponsorship, you would need to be sponsored via a work visa.  These are really tough to get.  Are you in a highly specialised field?  If so, you may be okay.  Or do you work for a US company with offices in the UK (potential transfer)?

Unfortunately the £18,600 threshold was set to try to reduce benefits people can claim.  Her benefits will be affected by earning more.  That's not a bad thing though!  She shouldn't be worse off.

Yes, if she doesn't make £18,600 you can use savings to offset the amount.  Say she makes £15,000 a year. You would need:

£18,600 - £15,000 = £3,600 x 2.5 = £9,000 + £16,000 = £21,000 in savings for a minimum of six months to make up the shortfall.  The savings can come from either of you.

I hope that clarifies a few things for you.  Ask away!

First off, thank you so much for the quick response!

The minimum amount is going to be the only issue I can think of. Is there a cutoff for shortfall?  We're projecting her between 16-17 from March 2017-March 2018. The "have that in the savings for 6 months" I didn't know as I am saving as we speak.

So my understanding is... just to be clear...  18600.  If she makes ANYTHING less, the difference x 2.5 needs to be in the savings... so as you said..if she earns 15000, the difference is 3600.   Therefore we would need 15000 (Proved Earnings) + 10,800 (savings for at least 6 months) to qualify. I hope I have this right!

As for the kids, she has children, UK citizens, which is why we are looking at settling there as their father is...difficult....

What is the best process for this? We were just thinking applying as an engaged couple, getting married once I got there. Is there something easier? 

Thank you so much! I really can't explain how much I appreciate the help.

I gave calculations in my example if she has a salary of £15,000.  In that case, you would need £21,000 in savings to make up the shortfall.  Yes, you would need it for a minimum of six months.  Do you have a fully vested 401k?  That counts too.

A lot of people find marrying in the US easier as it doesn't require a special visa (she can come and marry on the ESTA).  No waiting periods, etc.  It eliminates the cost of an entire visa (but does include a flight for your fiancé to the US).

If you came to the UK as a fiancé, you cannot work, use the NHS, volunteer, anything.

If you came to the UK as a spouse, you can work from day 1 and use the NHS from day 1.

It really is personal preference for which path is right for you.  Most do the marriage in the US as it saves a lot of time.    We did and we were both living in the UK!  There are a lot of rules and waiting to get married here!  We just wanted to do our own thing.   

My understanding was I could get a family of a settled person visa and then get married off of that visa.  Only one visa right?

No, there are a number of different 'family of a settled person' visas -
Depending on your circumstances you will need either 1 or 2 initial visas.

If you are not yet married before you come to the UK:

Visa 1
Marriage visa (fiancé visa) = valid for 6 months, allows you to marry in the UK. Does not allow you to work or access 'free' NHS healthcare. Cost £1,195.

Visa 2
FLR(M) visa = spousal extension visa which you switch to after the wedding in order to stay in the UK beyond 6 months. Valid 30 months, allows you to work and use the NHS. Cost: £811 + £500 NHS surcharge = £1,311

Total visa cost for both visas = £2,506

Or, if you are already married before you move to the UK (I.e. You marry in the US):

Spousal visa: valid 33 months, allows you to live and work in the UK, and use the NHS.
Cost: £1,195 + £600 = £1,795

Regardless of which of the two paths above you take, you will also need to apply for another visa after 2.5 years in the UK and then permanent residence (ILR) after 5 years. After that comes citizenship.


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Well that is a bit depressing! It sounds like getting married in the US is the way to go! It honestly costs less than the Visa difference to fly her out to Texas and at least then its a mini-vacation.

As for ESTA, it seems very easy and cheap so hooray there.  Thank you so much for this information. I honestly would have made a mistake along the way. I know I'm working on this way in advance but knowing to keep logs and stuff is very helpful.

By the way, i do have a vested 401k which would more than meet the requirement so that is great information!   The one last thing, would you advise using a service/solicitor or do you think this is easy enough done on your own. I don't want to risk wasting thousands of pounds and then getting denied.

Use us and you won't get denied.  Pinky swear.   

As long as you won't get annoyed!  Already talked to the fiance about her travelling here on ETSA, us getting married and then immediately applying for the spouse visa. Sounds like a winner! Hopefully the "Prove the relationship" part is less crazy if you've already decided to get married, especially since it would be a quick courthouse thing since none of her family is here (nor would they be able to come :-()

Things are moving along now. Thanks everyone. Will be here panicking when the paperwork starts. :-)

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Back with more. I am reading some horror stories about people using a fully vested 401k for their financial requirement. Is there any concerns with this or should I just not pay attention to the horrors of the internet.

What horror stories? I don't recall anyone on this forum having problems using a 401K.

The Category D guidance from UKVI used to specifically state that a 401K can be used - they just changed the wording to 'pension' in the latest version.


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Are there guidelines to it?  It's a company ran 401k with more than enough in it. I just searched other forums and there was wording about it needing to be from a financial institution etc. Basically if I have it on company letterhead and not a financial institution it's an issue. I trust this forum much better which is why I asked here. 

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The guidance is here, page 46 onwards:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

And here (section 11):
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence


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Thank you. It's clear but unclear. It's a pension I can withdraw against and I'm fully vested so that is good news. I appreciate the help! 

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