Fiance Visa when a full time student

Hi

I wonder if anyone can help?

My daughter and her American boyfriend have been living together in the UK for the last 5 1/2 months and he is due to go home in mid May. While he is back in America he is going to apply for a Fiance Visa to return here in September and they plan to marry around Feb 2011. My daughter has taken a year out of University to work out if she and her boyfriend want to live their lives together. She will return to University at the end of September, to complete the last year of her degree. They will be living together in private rented accomodation near to University. They are both over 21 years old (just!). My daughter had planned to spend 6 months living with her boyfriend in America (where he has a house rented from family and a good job) but was turned down for her Visa. Neither of them has any savings (used it all up on visits to each other).

Is it likely they will be issued a Fiance Visa? What sort of proof of income will she be required to give? This past year she has been supported by my husband and myself, and when she is back at University by a combination of Student Loan and ourselves. Does Student Loan count as public funds? Will this be an acceptable level of "income"? Once they are married and they've got the Marriage Visa, her boyfriend intends to work and they want to stay here until he has British Citizenship and she has qualified as a teacher. Then they want to move to America so that my daughter can become a US Citizen.

Can you see any flaws in this plan? Is there anything we have missed or need to do/prove?

Thank you in advance for any help you can provide. Trying to work this out on our own with no advice has proved stressful and problematic so far (refused Visa for US).

Best wishes
Gertiesquidge

I think your daughter's financial situation is quite weak (to be honest). Student loans are only meant to cover one person. It will probably not be acceptable for those funds to stretch and provide for the both of them.

In this case I would say savings are quite important. Can she get a job while she's taking time off? Then this income can be used to full fill the financial requirement.

Hi ElenaW,

Thank you for your reply.

Unfortunately my daughter has only been able to find a part time job, which doesn't pay enough to allow her to build up savings. Does our support of our daughter (and indirectly her boyfriend) not count towards her financial status?

Thank you again,
Gertiesquidge

gertiesquidge wrote:Hi ElenaW,

Thank you for your reply.

Unfortunately my daughter has only been able to find a part time job, which doesn't pay enough to allow her to build up savings. Does our support of our daughter (and indirectly her boyfriend) not count towards her financial status?

Thank you again,
Gertiesquidge

It does count and third party support is allowed however it is not yet in the ECO guidance (at least not that I know of) so he may get refused.

Thank you again ElenaW,

Is there anything we can include in the application to indicate our "third party support"? And anything we can quote to show that it is now allowed?

Also if they apply and are turned down due to lack of finances, would they be able to appeal? And then would our support be taken into account?

Thank you
Gertiesquidge

In view of the above reply saying my daughter and her fiance could get refused the Fiance Visa due to lack of finances (living on Student Loan) they are rethinking their plans. My daughter is looking to defer her final year at University again, and not restart until 2011, and they will live with us and we will support them. They are still hoping to get married in Feb 2011.

Would this plan have more chance of succeeding in the Fiance Visa being issued?

Thank you to anyone who has any advice for us.

Best wishes
Gertiesquidge

gertiesquidge wrote:In view of the above reply saying my daughter and her fiance could get refused the Fiance Visa due to lack of finances (living on Student Loan) they are rethinking their plans. My daughter is looking to defer her final year at University again, and not restart until 2011, and they will live with us and we will support them. They are still hoping to get married in Feb 2011.

Would this plan have more chance of succeeding in the Fiance Visa being issued?

Thank you to anyone who has any advice for us.

Best wishes
Gertiesquidge

This plan isn't much different. It's always been acceptable for the accommodation of the couple to be provided by family members. However, you will still be supporting them (unless she gets full time work) so the application may still get rejected. In answer to your other question, yes they can appeal and will most likely win the appeal but that takes a long time.

Thanks again ElenaW,

I don't know why this has to be so difficult and complicated?!?! Urgh!!!

Well they will just have to make their case and hope for the best! Is there anything we can include with their application that might help them "prove" that we can and will support them for as long as it takes for them to get on their feet?

Best wishes
Gertiesquidge

Although 3rd party support was recently granted through the courts, it is still currently given as a reason for refusal.

gertiesquidge wrote:Thanks again ElenaW,

I don't know why this has to be so difficult and complicated?!?! Urgh!!!

Well they will just have to make their case and hope for the best! Is there anything we can include with their application that might help them "prove" that we can and will support them for as long as it takes for them to get on their feet?

Best wishes
Gertiesquidge

As far as documentation, it would be the usual: bank statements, wage slips, letter from you saying you're willing to support them.

If I were your daughter though, I would get any full-time job. It doesn't have to be forever but as long as she can show that she's willing and able to support herself and her fiance, she would pretty much be guaranteed an approval (granted that she full fills the other criteria).

Thank you, yet again

She is currently trying really hard to get a job, but hasn't been able to find one yet. Is there any sort of minimum level of income she should be aiming for?

Best wishes
Gertiesquidge

gertiesquidge wrote:Thank you, yet again

She is currently trying really hard to get a job, but hasn't been able to find one yet. Is there any sort of minimum level of income she should be aiming for?

Best wishes
Gertiesquidge

Well after rent and council tax it should be 412gbp/month or something similar(if you want accurate figures, look up how much a children-less couple get in benefits per month). Since she's not paying rent and council tax, as you're providing accommodation, it can be fairly low. I would suggest that she "contributes" a small amount to living expenses in your household as this will make her application stronger.

Thank you again ElenaW, you are helping make this tangled web of bureacracy a little simpler

Fingers crossed she can find a job in this economy and quickly!!

Thank you
Gertiesquidge

gertiesquidge wrote:Thank you again ElenaW, you are helping make this tangled web of bureacracy a little simpler

Fingers crossed she can find a job in this economy and quickly!!

Thank you
Gertiesquidge

No problem, I'm happy to help.

Yeah I'm sending you good vibes! I hope she can too