Visa advice

Hi all,
I'm new here. I was introduced to this forum from a fellow soon-to-be expat (shout-out to Lunarea!)
I need some visa advice since my lawyer seems to be mistaken, here's a bit of my story.

I met my fiance 3 years ago, he's a UK citizen living in Rugby. Because of certain circumstances, I need to apply for a fiance visa and we are getting married there in October. I was under the impression that I could just apply for a spouse visa once we're married. However, the lawyer we hired to look over all the paperwork has told me that I need to return to the US and apply for the visa from here and not while I'm in GB. This doesn't make much sense to me and two others I've talked to seem to think that is incorrect.

My question is...does anyone have experience with this and know for sure what needs to happen? Also, where could I find out for sure. Does anyone have any lawyers they recommend that have experience in this kind of thing. My faith in her is a little fragile at this moment in time so any wise words would be greatly appreciated. I realize as well that a lawyer probably isn't necessary, but it makes me feel better to have someone with some legal knowledge to have on hand.

Thanks in advance everyone!

Kaitlyn

as far as I'm aware your lawyer is incorrect.

if you are applying for a fiance visa and are approved you have 6 months to get married in the uk and then apply for your first further leave to remain. you can do that from inside the uk.

however if you are applying only for the marriage visitor visa(which is much cheaper) then you would have get married, leave and then apply for a spouse visa from the usa.

most of us on here seem to get married in the us(its much easier and your partner wouldn't need a visa) and then apply directly for the uk spouse visa.  Its also cheaper in the long run that all the visas. I know you said you had circumstances as to why you had to marry in the uk, so maybe its not an option for you.


I know the more seasoned members can give you a more detailed breakdown, but did all this research when I was trying to decide what path my husband and I would take.

good luck and welcome to the site, everyone here as been a godsend for applying. currently awaiting my decision back in the post tomorrow 

However, the lawyer we hired to look over all the paperwork has told me that I need to return to the US and apply for the visa from here and not while I'm in GB. This doesn't make much sense to me and two others I've talked to seem to think that is incorrect.

Your lawyer is incorrect - the whole point of the fiance visa is that you move to the UK permanently and can switch to the FLR(M) visa after you are married WITHOUT having to return to the US.

It may be though that the terminology is confusing both you and her, leading to miscommunication.

A spousal visa can only be applied for in the US if you are already married before you move.

However, what you will be applying for in the UK after the wedding is not called a spousal visa, it's called FLR(M) - it's an extension visa that you switch to from a fiance visa.  FLR(M) = Further Leave to Remain based on Marriage to a UK citizen.

So, technically, your lawyer is correct that you have to return to the US to apply for a SPOUSAL visa, but what she should have told you is that you would not be applying for a spousal visa... instead, you need to apply for FLR(M) from inside the UK.

The first visa you need (fiance visa) is this one:
https://www.gov.uk/join-family-in-uk/overview

The second visa you need after the wedding (FLR(M)) is this one:
https://www.gov.uk/remain-in-uk-family

Does anyone have any lawyers they recommend that have experience in this kind of thing.

Personally, I would not advise using a lawyer unless you have serious criminal convictions or refused entries/visas for the UK in the past. We all know what we are talking about here on the forum and can give you accurate advice for free.

So many people here have been given bad advice from lawyers that I'm very sceptical of them these days. One person here just had a visa refusal because their lawyer made them apply for the WRONG visa... one they didn't even qualify for!

If you absolutely must use a lawyer, we only recommend two here on the forum:
- Medivisas, based in London (particularly Victoria Sharkey)
- Laura Devine, based in London and New York City

However, they will be expensive, so unless you have serious reasons to believe your visa will be refused and need them to fight your case, I personally wouldn't bother spending the money - all the information you need for a successful application can be found on the UKVI website and here on the forum... all for free.

https://www.gov.uk/join-family-in-uk/overview

You don't need a lawyer.

Your fiance visa would be valid for 6 months, during which time you must get married. You would then apply for an FLR(M) visa from within the UK. You could work and use the NHS after your FLR(M) is approved (further leave to remain based on marriage).

Your fiance needs to earn above £18600 or you need to have substantial savings between you. You need to prove your relationship is genuine (basically contact between the two or you regularly). You also need to prove you would have a place to live.

Always beaten by Ksand!

Always beaten by Ksand!

Sorry - I'm just sitting in front of the laptop, refreshing pages . I was beaten by Frazieme though .

You guys are so awesome! Thank you! All the help is greatly appreciated and I would prefer not to hire a lawyer. I don't have a criminal history and I've never overstayed or had any issues with travel so I don't foresee us having any issues. I'm just a nervous wreck about incorrectly filling out the paperwork, especially since we already have our venue booked and paid for.

So on a slightly different note....how far in advance do I need to apply? I was planning on applying for the fiance visa in April as I'd like to be there in July. Per the registrars office we need to give notice at minimum 70 days in advance because of the visa. So I need some time before our October wedding.

I'm just a nervous wreck about incorrectly filling out the paperwork, especially since we already have our venue booked and paid for.

Seriously, there's nothing to worry about - you can ask any questions you have about filling out the forms and collecting the documents here on the forum . We're happy to help (and we know exactly how the forms need to be filled in).

So on a slightly different note....how far in advance do I need to apply? I was planning on applying for the fiance visa in April as I'd like to be there in July.
Per the registrars office we need to give notice at minimum 70 days in advance because of the visa. So I need some time before our October wedding.

If you have a fiance visa, you shouldn't need to wait the full 70 days, since you will have already been given permission by UKVI to marry in the UK.
 
Most people with a fiance visa have only had to wait the normal 28 days, because there was no need for UKVI to investigate their case (since they will have already done that when you apply for the visa).

Normally, the people who have to wait the full 70 days are those with different types of visas, such as work or student visas... so UKVI can investigate their case and can make sure they aren't just getting married in order to stay in the UK. A fiance visa is issued specifically for the purpose of getting married in the UK and living with your spouse afterwards, so they shouldn't need to do extra checks.

You can apply for the visa up to 3 months before the date you wish to enter the UK. The application form will ask for your Intended Travel Date, and this should be the date that your visa is made valid from... it can be any date up to 3 months ahead of the date you submit the online application and pay for the visa.

However, they don't always honour the date you request - sometimes they make it valid from the date they issue the visa, so you'll need to make it VERY clear that you want a July start date... you don't want to be in the situation where your visa is issued in April and is only valid from April to September, when you are getting married in October!

Oh man you guys are the coolest!

I don't think they said that we would necessarily NEED the 70 days. They just recommended we allow for it "just in case" type of thing.

How long did it take everyone to do the application? It is something I can do in a day or should I get started on it and work on it slowly. Also, what do your recommend for the financial requirement? My fiance meets more than the minimum, but I've heard that is the most tedious thing to prove. He has all of his paystubs, but  as I'm the one applying he'd have to send them to me and then I'd have to send them off. Seems a bit cumbersome. Are paystubs the best way to go or is there a better way?

Thanks again.. I wish I could make you all cookies!

if he meets the minimum and has been with his employer for more than 6 months it is the most straightforward and easy way to apply. all you need are 6 full months of bank statements, 6 full months of original bank statements and letter from employer confirming type of employment, salary, start date ect. we included an employment contract and also a letter stating he had been promoted in the last 6 months which is why his payslips differed for part of the time.

the other routes are more complicated. if you are applying with savings you need to hold that amount in your account for 6 months non stop, so if you can go the income route its much easier to prove.

sorry that should have said 6 full months of pay slips and bank statements. if the payslips are electronic then make sure to have a letter from employer stating they are authentic.

p60 is helpful as well.

application took me an hour? and that was mostly because I triple checked it. just have your travel history at hand because you need it. do you have the sample application so you could have your stuff prepared before hand? and sample appendix?

Frazieme---
Yes his income is how we'll be doing it. He's been with his company for several years. Do they need original paystubs or will copies suffice?

As far as the application, no. Where would I get the sample? The home office website is so confusing. There's like 6 pages of info on each visa and each pages has about 10 hyperlinks to more info. ARGH. As far as travel history...how specific does it need to be? I just renewed my passport so I have all the information about arrival and departure dates with just that. But I'm sure I can manage to look up my previous flights since I have frequent flyer accounts.

I don't think they said that we would necessarily NEED the 70 days. They just recommended we allow for it "just in case" type of thing.

Yeah, fair enough . It is unlikely if you have a fiance visa though.

How long did it take everyone to do the application? It is something I can do in a day or should I get started on it and work on it slowly.

Work on it slowly - generally I'd recommend spending at least a month preparing the application. It's not as simple as just filling out a form - you need to research the requirements, gather every single document (most will need to be mailed to you from the UK), fill out the forms, and then when you are finally ready to mail everything to Sheffield for processing, you can submit the online application.

Also, what do your recommend for the financial requirement? My fiance meets more than the minimum, but I've heard that is the most tedious thing to prove. He has all of his paystubs, but  as I'm the one applying he'd have to send them to me and then I'd have to send them off. Seems a bit cumbersome. Are paystubs the best way to go or is there a better way?

It's not about what we recommend, it's about what is REQUIRED.

The financial requirement is VERY specific - one missing payslip or bank statement and the visa can be refused.

Assuming he meets Category A, where he has been with his current employer for at least 6 months AND he has been earning at least £18,600 for the full 6 months, you will need to supply:

- full 6 months of his original payslips showing at least £1,550 before tax on each one. The last payslip cannot be dated more than 28 days before the date you submit the online application

- full 6 months of his original bank statements showing the deposit of EVERY payslip. The last bank statement cannot be dated more than 28 days before the date you submit the online application

- an original, signed letter from his employer, dated no more than 28 days before the date you submit the online application, stating ALL of the following:
) how long he has worked there,
2) his current salary,
3) how long he's been earning that current salary,
4) the type of employment

- his original job contract
- his latest P60

How long did it take everyone to do the application?

The application itself isn't time consuming, and assuming you have all the information to hand and all the documents you need, it can be completed and submitted in a few hours. 

That being said, we recommend that you review what documents you'll need and ensure you have them all to hand before submitting the application as once you submit it, you only have 5 days to get everything to the UK for processing.  If you miss this window, you have to do a fresh application and pay the fee again.

Also, what do your recommend for the financial requirement? My fiance meets more than the minimum, but I've heard that is the most tedious thing to prove.

It depends on what category you're using to qualify under.  Some categories require more documentation than others to prove, with self employment needing the most information.  Is your fiance salaried with the same employer for more than 6 months?  Variable income?  Using savings?  Self employed?   

He has all of his paystubs, but  as I'm the one applying he'd have to send them to me and then I'd have to send them off. Seems a bit cumbersome. Are paystubs the best way to go or is there a better way?

Each category has requirements of what you need to provide.  If you're applying under category A (for example), payslips are a requirement to send (along with other documents such as bank statements and a letter from his employer).  The application will be refused if you do not send the required evidence for the category you are applying under.

(x-posted)

I have mine saved as pdf's but let me see if I can find the link for you.

we sent copies of my husbands, and his employer wrote a separate letter from the confirmation of employment  stating that the payslips are issued electronically and that they were authentic. They provided the amount deposited for each of the 6 months we provided and we made sure it was signed on letterhead and dated. Double check that the amounts of the pay checks match what was deposited into the bank accounts. they have to match.

nothing can be more than 28 days before the application so just be careful with the dates of stuff. 

the paper and online application asks you for any trips to countries outside the uk in the last decade so you will need the dates of all of those.(I had too many and had to include the rest in the additional info)  then the online application asks only for the last 5 trips you made to the uk. I had literally prepared all of them, but only needed the last 5 when you do the online application so just make sure you have those dates at hand.

Oh my god I want to cry! The 28 days thing is freaking me out. He only gets paid once a month. Could they make it any more difficult?