Forum Immigration UK

[ahirji]

Hi all,

I was hoping someone could help me with a few questions I have regarding UK Fiancee Visa. Hopefully geting some advise and general knowledge from someone that has personally gone through this process.

To summarise, my fiancee and I have been engaged for a year now. I am a British citezen and she is US citezen. We've decided to go down the UK fiancee visa route and will be settling in the UK.

From my research, I believe the process is as follows;
1. Fill out an online application form (she will have to do that in America)
2. Book an appointment at the Biometric Center
3. Send application and Biometric information to British Embasy in New York

Can someone please help me and answer the folliowing:
1. What are the costs involved?
2. With regards to the Biometric Center, they will take pictures of my fiancee and finger prints, is this correct? Is there any other information they need?
3. How long does this process usually take, is it straight forward or should there be anything we should be concerned about - or is there anything that may hinder the speed of the process?
4. What information do I have to provide my fiancee for the visa... I am aware that I need to send across a copy of my passport, bank statements, birth certificate.... is there anything else?

If anyone could help, that would be great. I've done a lot of research into this, but it would be helpful to get someone to advise on the above who has gone through this process themselves.

We are planning to move to the UK at the end of October this year and getting married ASAP in order for her to start work, and so on.

Thank you in anticipation,
Ali

[texkourgan]

The Expat FAQ include many common expat questions, like What is a UK Fiance Visa?

UK Fiance Visa:
People who are planning to marry a British citizen or permanent resident in the UK may apply for a fiance/fiancee visa.

Fiance/Fiancee Visa Requirements:
The sponsor and the applicant must intend to get married within a six month period.
They must have met each other.
They must intend to live together permanently.
The applicant must be able to support him / herself, or be supported by their partner, without access to public funds.
There must be adequate accommodation in place.
There is no requirement that the applicant and the sponsor have lived together before applying.

Successful applicants receive a 6 month visa in which to come to the UK and get married. They are not allowed to work while on this visa. Once married, the recipients must apply for a UK Marriage Visa.

It seems like you have already done a lot of research, but the UK Border Agency is the authority on visas. From their site:
"

You must obtain a visa before you travel here in this category.

Depending on the country where you live, you may need to make your application online or using application form VAF4A.

To find out which application method you should use, see 'More information' below.

You can download application form VAF4A and its guidance notes from the right side of this page.

As part of your application, you will need to enrol your fingerprints and facial image (known as 'biometric information') at a visa application centre.

Select your country in our country finder to find out:

how to apply in your country
the location of our visa application centres
how long we generally take to process visa applications
how your documents will be returned to you"

The countryfinder: http://www.ukba.homeoffice.gov.uk/countries/

Best of luck! Does anyone else have personal experience or advice?

[ahirji]

Thanks!

The UK Border Agency website states that applications should be submitted 3 months prior to intended date of travel to the UK. Is that correct?

So we haven't started or should I say submitted the application. Looking to do that at the begining of August.

Hopefully, it will be a smooth and stress free process. I'll let you how I get on.

[leemiller17]

My fiance and I are beginning the same process. She is a citizen of the UK, and I am an American. She is coming over for another visit at the end of next month, and we are going to try to get all of our paperwork together along with my biometric information. What is your fiance's home country, and has she been through that process, yet? It seems like you are slightly ahead of our schedule, and have one of the same main issues - finances. We are currently both University students. I graduate in December and plan on coming over immediately. She has two years left. She works two jobs, and keeps her bank account in order, but has student loans. I work here, and will have some cash to bring, but I have loans, as well. We want to get married, immediately, and I know I can begin to earn money, immediately... if I can just get permission to work. I've been reading forums and it seems like I really need to do everything I can do to show my potential for employment. I would love to hear about your progress and from anyone else who has any experience with this.

[ladyjulian]

Lee, have you seen the new Immigration Rules which are coming in tomorrow (9 July 2012)?

Your 'earning potential' can no longer be taken into account - your fiancee will have to show that she has an annual salary of £18,600. However, on the plus side, debts are not taken into account (so student loans etc are not counted.) Job offers to the applicant will no longer be deemed acceptable evidence of income, and third party support won't be acceptable any longer either.

When you enter the UK you don't have to wait the full 6 months before applying as a spouse though; you can get married and then immediately apply, and as long as you satisfy the requirements, you will then have a spouse visa and permission to work.

The alternative is to apply for a marriage visit visa where you literally come in, get married, and go back again - but then you can apply to enter as a spouse which would give you the right to work as soon as you arrived. That does involve going backwards and forwards a lot though!

[leemiller17]

Yes. Unfortunately, I read the new rules last night after posting this. I was under the impression that, if I applied as a spouse, I wouldn't be able to work for two years. I may have read that wrong. Could we get married in the US when she visits next month and then me apply to come as a spouse and work immediately?? It also looks like I could come over as a temporary worker and then apply to switch categories and they would consider both of our incomes. (as long as I get an extension to work for over six months) This would be much less expensive if I can pull it off. Our other option is, she may be able to get the minimum balance in her savings account, but then I'm afraid it would effect her grants/loans for school. I'm so distraught, now...

[ladyjulian]

No that's incorrect - if you enter as a spouse you are allowed to work immediately.

You can marry in the US, and then apply to enter as a spouse, and you'll be entitled to work.

It's really hard to get a temporary worker visa. I don't know what you do, but the worker categories have been squeezed until they're really only available to extremely skilled and experienced workers - if you're still at university, that may not be an option.

Can she manage to get work that would satisfy the minimum income requirements? If she can get a job paying that much (or two jobs totalling that much) and hold them down for six months then that will satisfy the requirement, and of course as soon as you're here you'd be able to work.

[leemiller17]

She may be able to. I am a musician and I have a couple of promoters interested in my stuff and booking me a tour. I toured and performed (as an unpaid assistant to another artist) last year and that is how we met originally. She already has two jobs and goes to school, but she bartends and is a massage therapist so, frequently, she doesn't have reciepts... I guess she could start reporting more and being taxed more and maybe we could do it. I wouldn't want her to lie about it, but she may can increase her income enough...

[leemiller17]

I also had nearly ten years experience as a radio broadcaster for an NPR station before I returned to school to develop my skills for television and multi-media.. we are both older University students who returned after doing other things. I know I can get a job, if I can just get there.. Thanks for all of your help!!

[ladyjulian]

If you're a musician, it might be worth looking into a Tier 5 (creative and sporting) visa. If you tour as a visitor, you can't switch into the marriage category, but if you were on a Tier 5 visa you could...

[leemiller17]

Thank You. I'm talking with a potential sponsor and may set up a tour. We are talking with immigration officials, as well, and trying to work something out... we may have to wait a little longer than we hoped, but I will eventually get there. Thanks for all of your input!

[ahirji]

Hi all,

I spoke to my solicitors today, and they mentioned that they can complete the application for my fiancee and I - at a charge, of course.

I've read the new rules and regs and thankfully, I am in a position to qualify for all their requirements i.e. i earn more than what is required.

The question I have is... Is it worth paying extra for the solicitors to do the application instead of me and/or my fiancee? The solicitors mentioned that they complete a covering letter, and a "Letter of Invitation" along with the application - has anyone heard of this Letter of Invitation - what is it?

Has anyone got experience of applying for the VISA themselves or is it worth paying an extra (£1,000) for "professionals"?

Cheers

Thanks!

[ladyjulian]

Depends on the professional, to be honest.

If you get someone good (a good solicitor or Direct Access barrister) then they can be worth every penny. If you get someone bad, you may as well have not bothered. How confident are you that you can prepare the application yourself and that you've understood the rules? If you're very confident, then just go for it. If you're hesitant, it's probably worth getting someone to assist.

[ahirji]

I'm fairly confident... I have all my bank statements, my employment contracts, where we are going to live, a intended flight to the UK dates for my fiancee, my payslips, photographs of us together throughout our time as a couple, text message conversations and screen shots from my phone, e-mails...

I believe i have all the information and requirements needed to be successful, i just don't know how to put it together - i was thinking of putting a report together with a contents page for each section.


I'm fairly organised, only problem i have is i dont know how the Boarder Agency like this "evidence" presented to them? Will my report with contents page be okay, or is there a set way of preparing and presenting the information?

[ladyjulian]

There's no set way to do it. I would *always* do a covering letter and I would *always* do an index (contents page) but as long as you have the right documents it doesn't really matter all that much how it's presented!

[ahirji]

Hi ladyjulian,

This is incredibly cheeky of me, but do you have a covering letter that I can see or do you know where I can find a covering letter?

I just want a template to work off when I write mine - I just want to make sure i cover everything so there are no complications.

[ladyjulian]

Yes, PM me your email address and I can send you one.

Alternatively the format many people use is to copy-paste the relevant immigration rule and then set out exactly how you meet each part of the rules. So (using a totally made up rule allowing moon residents to come to the UK):

I meet the requirements of the Immigration Rules as follows:

1) that the applicant is a national of the Moon

Please see my passport demonstrating my Moon nationality

2) that the applicant is able to maintain himself

Please see my bank statements showing that I have held 20,000 lunar dollars for at least 3 months in accordance with the guidance.

3) that the applicant has visited Jupiter no less than three times in the last 2 years

Please refer to my passport showing Jupiter entry stamps on four occasions, as well as ticket stubs from Jupiter Space Travel ltd.

etc.

[ahirji]

Thanks, ladyjulian.

I've PM you my e-mail address. Thank you for all your help - much appreciated.

Ali

[newUp]

Hey, did you get the visa sorted? Going directly to barrister can save you a lot of money if you're struggling to do it yourself. www.advisemebarrister.com can apparently help you for a fixed fee of £150 which sounds a bit better than £1,000 Either way, hope you get sorted.

[ladyjulian]

That looks remarkably like an advert.