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Fiance Visa based on Family Finance. What are the chances?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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cathex
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Fiance Visa based on Family Finance. What are the chances?

Post by cathex » Thu Nov 06, 2008 11:39 pm

This is a long one, but i'd be gratefull for the effort of you to read it.
I am a Uk Citizen and my girlfriend is a Cuban living with a legal residence in Florida. She is applying for a Fiance Visa to settle with me here in the UK.
We can prove most elements of the required documents with no difficulty but our big problem is the fact that i have just finsihed University and am currently living at home with my parents and my Fiance would have to join me here in thier home. This also means that i am basically unemployed for the time being.
Now, my Mother earns about 3 times more than the avergae anual income and is providing her consent and agreement to support us both in the short term in her house. We can prove that she can and will do this. I am also due to inherit a house in London next year which is capable of producing allot of money from rent each month. This means i will be financially stable next year but would rely on my mother until then to support us.
Based on this then what do you think are the chances that an ECO will accept this as adequate proof that we will not need to use public funds until she is legal?
Many thanks to all who respond;
Fabio

Wanderer
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Post by Wanderer » Thu Nov 06, 2008 11:46 pm

Sorry mate but third-party support is expressly disallowed. Apart from nominally renting a room at ur parents.

Find a job, any job to show u can support her urself.
An chéad stad eile Stáisiún Uí Chonghaile....

vinny
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Post by vinny » Fri Nov 07, 2008 1:18 am

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners wrote:Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.
After marriage, third party accommodation support is acceptable. However, third party maintenance support is normally not permitted.

Are you both at least 21 years old?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cathex
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Post by cathex » Fri Nov 07, 2008 1:40 am

yes we are both over 21 years old.

cathex
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Post by cathex » Fri Nov 07, 2008 1:47 am

How can we be sure that the statement:
'Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources'
refers exclusively to the situation after marriage and not the situation before marriage?
It goes on to mention that this is permissable in the case of a fiance who is not permited to work and that is within the first 6 months of her arrival, which would indicate that the above quote refers to an earlier period rather than a later period in the souples sitaution, ie. the intial 6 months.
What do you think?

cathex
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Post by cathex » Fri Nov 07, 2008 1:57 am

Also what you are saying depends entirely on the definition of the word 'Maintainance' included in the quote as refering exclusively to 'Accomodation' as you state, and not financial support. I see no where in the quote from Chapter 9 the explicit indication that the 'maintainance' permissable from family members refers only to the situation after the marriage and also only to Accomodation.
I am just trying to clarify it as obviously i need accuracy here.
Thankyou

vinny
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Post by vinny » Fri Nov 07, 2008 4:13 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cathex
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Post by cathex » Fri Nov 07, 2008 4:45 am

Yes but again these paragraphs you have very kindly presented Vinny only refer to rules regarding maintainance and accomodation after marriage or with regards to a visa extension as a spouse.
They do not refer to the case of support from family finance during the intitial un-married 6 months period which is the area i need to confirm.
We can prove evidence that we reasonably are able to work and live in a property of our own after marriage, but our concern is the intitial 6 months.
???

vinny
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Post by vinny » Fri Nov 07, 2008 12:17 pm

vinny wrote:
9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners wrote:Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership.
refers to 290 (iv), i.e. before marriage.
290 wrote:(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership ; and
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cathex
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Post by cathex » Fri Nov 07, 2008 1:51 pm

Thank you Vinny

cathex
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Faince Visa

Post by cathex » Thu Jan 15, 2009 9:49 pm

Third party support IS NOT expressly disallowed.
The information presented above in chapter 9 of the rules and regulations regarding Family Finance does indeed state that it IS acceptable for a couple to be supported by family members within the initial 6 month period only. Adequate proof must of course be supplied that the Sponsors Family can infact do this however.
Myself and my Fiancee recieved our Fiance Visa last week after applying 8 weeks ago based on the above circumstances.

For all those who are applying for a Fiance visa to the UK, I have compiled an article designed to give you a start on what you need to do to apply, as I understand that the information is not readily available.
Please look out for a post by myself entitled 'How to apply for a UK Settlement Visa - (some basic information)'

Thank you to all who offered their opinions during our application.

Cathex

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