I am a UK (from birth) citizen. My fiancée is a Chinese citizen who currently resides in China. We are looking to applying for a visa to have her come and settle with me. We do not have any children. I am 25 years old, she is 24 (she will be 25 when we go to apply for this). I have been to see my partner in China and stayed with her for 4 months before (spaced out). As of yet she has not been to the UK.
First, I should mention my circumstances – 1) I appear to meet the “adequate maintenance” requirement set out under Appendix FM Section 1.7A. I am disabled and a recipient of DLA (Mid-low, roughly £310pcm) so I know I qualify at least. I also receive ESA (support component, about £410 pcm) and a small premium on my DLA (about £15 a week I think? Unsure). My housing benefit is in the form of local housing allowance and is the top rate (which does not cover all of my rent, but nearly). My housing benefit is £188 every fortnight twice a month. My total rental costs are £450 pcm. My council tax is £12pcm. Tallied over a year, I pay roughly £50 rent a month. I currently do not work.
My housing situation is that I have recently (with great struggle) moved into independent living. I receive support in the form of counselling and parental/family support, but my flat is entirely in my name and I am classed as the sole occupier – it is entirely self-contained and not shared although there is student accommodation above me (although friends and relatives do come and stay with me often, as I find it difficult to leave the house and being solitary all the time is not good for my mental wellbeing. At all.). My flat meets the standard of housing set out in 1.7A in terms of floor space. The flat is kept to a good standard by myself and my landlord.
You’re probably wondering what the problem is – well, the problem is anxiety. Chiefly my partner’s anxiety. Her command of the English language is very good and she along with me has studied the documents in detail. She has also been talking to people who were/are in a similar situation to us. She seems to of discovered a few red flags along the way, which I will go over now –
• According to the appendix, the only form of income not permitted when applying the adequate maintenance formula is third-part support. I assume therefore that my DLA, ESA, housing benefit and that other small premium that I am unsure of will count towards the sum? I have heard income-related ESA may be forbidden, but I am not on that.
• My fiancée was talking to an “unofficial” advisor for China-UK settlement Visas. She (the “advisor”) bought up a case that involved a couple in a similar situation to us. Their application was refused based on the fact that he lived in private rented accommodation. Their refusal stated that living in private rented accommodation was too “unstable” (cost wise) and therefore inadequate. The couple in question had to leave and move in with his parents in order to get the visa, and then find a council or housing association home. This case is most perplexing as the purpose of the adequate maintenance formula is to well, make sure you can adequately accommodate you and your partner and any dependants. Could there be a possible problem with me living in rented accommodation? Will I have to show them more evidence i.e Gas, electricity and water bills for them to be satisfied? They claim to not use their own discretion but this is an obvious lie if they reject someone who meets the AM requirement! Could there be any pitfalls out there that I need to watch out for?
• The actual visa we need to apply for. Which one is it? My partner believes if we apply for the settled visa as an unmarried couple (not legally married here or in China, and no we don’t plan on getting married in China as we do not have her parents blessing. Yes, one of those situations…) we will have to convert it to another type of visa and pay another £956! So the plan is Apply for the family visa>Prove our relationship>presumably granted>She comes to the UK>we marry within 6 months (we’re already planning a church wedding ^_^). All fine and dandy? After we marry, do we need to change the Visa into something else?
• Evidence and proof of relationship. We plan on submitting Western Union payment details, personal letters, gifts (with receipt), skype photos (when we skype she takes a photo us talking every time), skype call logs, wechat logs, emails, photos of us together, photos of me with her and her family (no blessing for a marriage here, but they accept me as her fiancée), cards and maybe a few other assortments. Does this sound good? Any tips on how to present this evidence?
• Last but not least – I am sorry for going into so much detail. And I’m sorry I am posting about something that isn’t a real problem yet – as we haven’t even applied. You may consider this all as overly pedantic, and I see your point if you do – but one of the conditions I have is Autism. And we’re a little bit, well, obsessive. I angst over details. My fiancée’s worries have a knock-on effect on me. Anxiety and stress is very harmful to my health and exhibits itself not only as mental symptoms but also physical ones as well. I am sorry for being so obsessive :c
I look very much to hearing from the community around here! I would be eternally grateful for any advice.
