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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator
Casa wrote:She won't be able to switch to a spouse visa from within the UK if she marries here while she's on a visitor visa. She would have to return to Mexico to apply from there after the wedding. Be aware however, if the Immigration Officer at UK Border Control suspects that she intends to marry while she's here as a visitor she will be refused entry. Simply being married to you won't legalise her stay unless the correct visa has been applied for and granted.
She could apply for a fiance visa, marry within 6 months of her arrival and then apply to switch to spouse FLR(M) visa from within the UK. This will require two separate visa fees + the NHS surcharges. She would be able to work once the FLR(M) spouse visa has been granted.
However, unless you can meet strict condition of £18,600 minimum earnings per annum the fiance or spouse visa will be refused. You would have to show the last 6 months pay slips and bank statements when submitting the fiance or spouse visa application to show you've earned the required amount.
Yes, once she has switched to FLR(M) spouse visa, she is free to work.Could she work during this time?
No, there really is not. Unless she qualifies for a visa in her own right (Tier 2 General etc)There must be a simpler route to enable her to live with me and work in the UK or is there really not?
Just typed out a lengthy reply only to realise I wasn't logged in and lost it in cyberspace doh!Casa wrote:"How would someone occupy themselves for 6 months?" There's no requirement to wait 6 months before marrying and then applying for the spouse visa. You could marry shortly after she arrives and then immediately submit the FLR(M) application, After the initial 2.5 year visa is granted she could work. Until she's granted ILR (after 5 years) she won't be able to claim any Public Funds (benefits).
As CR001 has pointed out (and you didn't answer my questions on this), your biggest hurdle appears to be your low income. The visa fees and NHS surcharges alone are substantial.
When applying for the spouse visa extension after 2.5 years you can combine both your incomes to meet the 18600 income requirement.DanielP wrote:Just typed out a lengthy reply only to realise I wasn't logged in and lost it in cyberspace doh!Casa wrote:"How would someone occupy themselves for 6 months?" There's no requirement to wait 6 months before marrying and then applying for the spouse visa. You could marry shortly after she arrives and then immediately submit the FLR(M) application, After the initial 2.5 year visa is granted she could work. Until she's granted ILR (after 5 years) she won't be able to claim any Public Funds (benefits).
As CR001 has pointed out (and you didn't answer my questions on this), your biggest hurdle appears to be your low income. The visa fees and NHS surcharges alone are substantial.
Thank you both for the speedy, informative reply, I appreciate you taking the time to help in this matter.
I have highlighted in bold a few more things I wish to enquire about.
If I am to earn 9450 over the course of 6 months, is this sufficient to apply for the fiancee visa or do I need to show I've earned 18.9k for 12+ months?
I can get 2 jobs and meet this requirement. Does income from Savings/stocks count towards this figure?
Once married and with the 2.5year visa granted allowing her to work, do I need to continue to earn 18.9k? Curious if this requirement changes.
One final question about the NHS and visa charges. I read in a previous post about this one "The initial visa is £956 + £600 fee for the new NHS Surcharge."
What other charges are there?
Kind regards,
Daniel
Casa wrote:I've moved this to the Immigration for family members forum,
Your fiancee needs to submit the payslips with her application, together will all the other documents required. Have you read through the application form VAF4A?DanielP wrote:Thank you for the reply Casa.
I have been working since July in a new job, with overtime I am able to exceed the 18.6k
To whom do I submit these payslips to when I have all of them?
Is it a case of sending these off to get confirmed and then awaiting confirmation of the fiance visa being granted for my girlfriend?
Is it necessary for me to have an immigration lawyer?
Sorry for bombarding you with more questions!
Kind Regards,
Daniel.