Fiance visa - non-EEA partner, is this the best route?

anna215 wrote:Hi there

I've been lurking on these boards for a while and haven't seen a topic that is exactly my situation so I thought I'd post.

I'm a UK citizen, born & bred. My partner is from Albania.

We have been together for 2 and a half years. He entered the country illegally approx 3 years ago, & is working illegally. He did not enter on a false passport. He is not using a false passport for working purposes. He has no previous criminal record - bar illegally overstaying in Greece I believe (he assures me that this is not on his record.)

We do not live together. I rent a flat - he briefly stayed with me for 3-4 months and I did add his name to a utility bill as I had obviously read that if we wanted to marry in the future and reside in the UK together, we would have to have proof of co-habitation.

As I was renting privately and his name was not on the agreement, I felt uncomfortable by this (i'm what you'd call a goody goody' and do not want to get into trouble with the landlord etc) and we decided for my sanity (!) for him to go and live with friends again. I removed his name from the utility bill after.

We have phone records, thousands of photographs, ticket stubs, christmas and birthday cards - all of that lovey dovey stuff to support our relationship. I have a good permanent job and earn above the threshold (I believe the threshold is 19k +) and neither of us have any children.

We would like to get married and properly start our life together - he wants to pay taxes and I want to live together properly and go on our first holiday out of the UK (priorities!) - I've been doing a lot of reading and before I contact a lawyer, I'd just like some guidance from the experienced people of these boards.

I know that whatever option will involve my partner having to go back to Albania to apply from there. From my investigating I see the two options are either;

1. Getting married in Albania & applying from there for the Spouse Visa (2.5 yr stay etc)
- As we have not lived together for the required 2 years, I feel this option wouldn't be best? I've read a lot of stories about couples going to Albania to marry and then apply and then they find out they don't meet the requirements, or Billybob ends up having a criminal record as long as your arm and then you're married with no hope in h!ll, Skyping across the ocean for the rest of your lives. He won't be liable for a refusal under 320(7b) if he's applying for a spouse visa, but he could be refused under 320(11) - aggravating circumstances and frustrating the Immigration Rules. There's no requirement to show a 2 years of co-habitation. This is for an Unmarried Partner application.

https://www.gov.uk/government/publicati ... raph-32011

2. Applying for a fiance visa, partner returns to UK to marry and then apply for the Spouse Visa from within the UK
- From what I can see this would be the best option for us? Correct me if I'm wrong but do you have a decision re the fiance visa a lot quicker than say, the Spouse Visa option above? The same requirements for a spouse visa application and in fact may prove more difficult to succeed with this route.

Any insight would be great. Also the gov.uk website confuses me - any idea of the total cost of the Fiance Visa route including the following Spouse Visa application & health surcharge. Am I missing any hidden fees? Do people go to Albania to marry and then apply for the Spouse Visa because this way is considerably cheaper? Fiance visa: £1195. FLR(M) visa after the UK wedding £811 (postal) or £1311 (in person) + £500 NHS surcharge

Any idea how quickly the Fiance Visa decision is made? I rent a flat now with a friend, no longer just me, would this still be considered suitable accommodation if I get a letter from the landlord approving an additional tenant etc? 12 weeks or longer considering the circumstances.

I've looked at the forms - do I list my partner as having lived with me for 3-4 months? You need to submit evidence of a genuine relationship.

Am I missing any obvious requirements?

Thanks for any help you immigration angels.

anna215 wrote:Casa, apologies but is there a way you an unquote my original post?

I am very grateful for your comments but on reflection would prefer my original postings to not be visible. I am a new member and I am unable to private message.

Thank you

Casa wrote:

anna215 wrote:Hi there

I've been lurking on these boards for a while and haven't seen a topic that is exactly my situation so I thought I'd post.

I'm a UK citizen, born & bred. My partner is from Albania.

We have been together for 2 and a half years. He entered the country illegally approx 3 years ago, & is working illegally. He did not enter on a false passport. He is not using a false passport for working purposes. He has no previous criminal record - bar illegally overstaying in Greece I believe (he assures me that this is not on his record.)

We do not live together. I rent a flat - he briefly stayed with me for 3-4 months and I did add his name to a utility bill as I had obviously read that if we wanted to marry in the future and reside in the UK together, we would have to have proof of co-habitation.

As I was renting privately and his name was not on the agreement, I felt uncomfortable by this (i'm what you'd call a goody goody' and do not want to get into trouble with the landlord etc) and we decided for my sanity (!) for him to go and live with friends again. I removed his name from the utility bill after.

We have phone records, thousands of photographs, ticket stubs, christmas and birthday cards - all of that lovey dovey stuff to support our relationship. I have a good permanent job and earn above the threshold (I believe the threshold is 19k +) and neither of us have any children.

We would like to get married and properly start our life together - he wants to pay taxes and I want to live together properly and go on our first holiday out of the UK (priorities!) - I've been doing a lot of reading and before I contact a lawyer, I'd just like some guidance from the experienced people of these boards.

I know that whatever option will involve my partner having to go back to Albania to apply from there. From my investigating I see the two options are either;

1. Getting married in Albania & applying from there for the Spouse Visa (2.5 yr stay etc)
- As we have not lived together for the required 2 years, I feel this option wouldn't be best? I've read a lot of stories about couples going to Albania to marry and then apply and then they find out they don't meet the requirements, or Billybob ends up having a criminal record as long as your arm and then you're married with no hope in h!ll, Skyping across the ocean for the rest of your lives. He won't be liable for a refusal under 320(7b) if he's applying for a spouse visa, but he could be refused under 320(11) - aggravating circumstances and frustrating the Immigration Rules. There's no requirement to show a 2 years of co-habitation. This is for an Unmarried Partner application.

https://www.gov.uk/government/publicati ... raph-32011

2. Applying for a fiance visa, partner returns to UK to marry and then apply for the Spouse Visa from within the UK
- From what I can see this would be the best option for us? Correct me if I'm wrong but do you have a decision re the fiance visa a lot quicker than say, the Spouse Visa option above? The same requirements for a spouse visa application and in fact may prove more difficult to succeed with this route.

Any insight would be great. Also the gov.uk website confuses me - any idea of the total cost of the Fiance Visa route including the following Spouse Visa application & health surcharge. Am I missing any hidden fees? Do people go to Albania to marry and then apply for the Spouse Visa because this way is considerably cheaper? Fiance visa: £1195. FLR(M) visa after the UK wedding £811 (postal) or £1311 (in person) + £500 NHS surcharge

Any idea how quickly the Fiance Visa decision is made? I rent a flat now with a friend, no longer just me, would this still be considered suitable accommodation if I get a letter from the landlord approving an additional tenant etc? 12 weeks or longer considering the circumstances.

I've looked at the forms - do I list my partner as having lived with me for 3-4 months? You need to submit evidence of a genuine relationship.

Am I missing any obvious requirements?

Thanks for any help you immigration angels.

Edit: Beaten by Vinny...but I wrote more

anna215 wrote:Hi there

I'm not trying to make a mockery, and I did thank both for the advice.

Apologies if I am nervous to post on a board about my situation and had second thoughts after I clicked post.

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