Success - Fiance Visa

FXR_1340 · Post by **FXR_1340** » Tue Oct 18, 2016 7:01 pm

I am a British national and my partner is a US national who is currently living in USA.

The option favoured by us is to apply for a spouse visa once our marriage has taken place in USA. I am currently employed and have an income in excess of £18,600. I also have a house under mortgage. I understand these points are sufficient to meet the financial criteria concerned.

I understand that a Spouse Visa is issued for a period of 2.5 years with the option to extend for a further 2.5 years at which point citizenship is an option.

The question I have is, what, if any, are the restrictions on travel and time out of UK during the 2.5 year periods? That is, as my partner/spouse has elderly parents, is she/we able to leave UK for a period of time to be with those elderly parents? If this is possible, what is the maximum permitted period out of UK which will not jeopardise the visa by which my then spouse will have entered the UK? What affect will this absence from UK have on the process of my then spouse receiving permission to return to the UK and for her being granted leave to remain indefinately?

Grateful for your assistance with this.

CR001 · Post by **CR001** » Tue Oct 18, 2016 7:27 pm

FXR_1340 wrote:I am a British national and my partner is a US national who is currently living in USA.

The option favoured by us is to apply for a spouse visa once our marriage has taken place in USA. I am currently employed and have an income in excess of £18,600. I also have a house under mortgage. I understand these points are sufficient to meet the financial criteria concerned. Should be fine. You need 6 months payslips and corresponding payslips, with the most recent set not being older than 28 days when applying.

I understand that a Spouse Visa is issued for a period of 2.5 years with the option to extend for a further 2.5 years at which point citizenship is an option. No, it is mandatory to extend for another 2.5 years, it is not optional. After 5 years residence, your spouse will have to apply for ILR (indefinite leave to remain). Once this is granted, spouse can apply for citizenship.

The question I have is, what, if any, are the restrictions on travel and time out of UK during the 2.5 year periods? That is, as my partner/spouse has elderly parents, is she/we able to leave UK for a period of time to be with those elderly parents? If this is possible, what is the maximum permitted period out of UK which will not jeopardise the visa by which my then spouse will have entered the UK? What affect will this absence from UK have on the process of my then spouse receiving permission to return to the UK and for her being granted leave to remain indefinately? There is no absence limit as such. For ILR, only absence of 6 months or more need to be declared but your spouse should be living in the UK not abroad for example. Visits to USA are fine.

Grateful for your assistance with this.

FXR_1340 · Post by **FXR_1340** » Tue Oct 18, 2016 9:04 pm

CR001 wrote:
FXR_1340 wrote:I am a British national and my partner is a US national who is currently living in USA.

The option favoured by us is to apply for a spouse visa once our marriage has taken place in USA. I am currently employed and have an income in excess of £18,600. I also have a house under mortgage. I understand these points are sufficient to meet the financial criteria concerned. Should be fine. You need 6 months payslips and corresponding payslips, with the most recent set not being older than 28 days when applying.

I understand that a Spouse Visa is issued for a period of 2.5 years with the option to extend for a further 2.5 years at which point citizenship is an option. No, it is mandatory to extend for another 2.5 years, it is not optional. After 5 years residence, your spouse will have to apply for ILR (indefinite leave to remain). Once this is granted, spouse can apply for citizenship.

The question I have is, what, if any, are the restrictions on travel and time out of UK during the 2.5 year periods? That is, as my partner/spouse has elderly parents, is she/we able to leave UK for a period of time to be with those elderly parents? If this is possible, what is the maximum permitted period out of UK which will not jeopardise the visa by which my then spouse will have entered the UK? What affect will this absence from UK have on the process of my then spouse receiving permission to return to the UK and for her being granted leave to remain indefinately? There is no absence limit as such. For ILR, only absence of 6 months or more need to be declared but your spouse should be living in the UK not abroad for example. Visits to USA are fine.

Grateful for your assistance with this.

Thank you for your response.

Continuous financial records going back to October 2014 are available. I didnt make myself clear in the OP. The"option" I referred to was for citizenship (assuming this isnt mandatory after 5 years?). The second 2.5 year period I understood as this is to make 5 years residence to qualify for ILR.

My particular interest is any periods out of UK ad the impact that may have in the initial 2.5 year visa period. Given what you have said, would a period of say 5 months out of UK affect the initial 2.5 year visa period, the subsequent 2.5 year visa and the granting of ILR?

In the event of having been in UK for 1 month or so and then both of us visiting USA for 3-5 months, would this be permitted and not be detrimental to the 2 x 2.5 year visa periods and subsequent ILR?

This may sound a rather odd question. However there is serious illness back in USA and we seek a way to get the UK element moving as quickly as possible. If it wasnt for the illness in the elderly parent the question would not arise.

Grateful for your views on this.

ohara · Post by **ohara** » Tue Oct 18, 2016 9:18 pm

FXR_1340 wrote:The"option" I referred to was for citizenship (assuming this isnt mandatory after 5 years?). The second 2.5 year period I understood as this is to make 5 years residence to qualify for ILR.

There is no requirement to apply for citizenship. You are correct that you need to complete the initial 2.5 years on the visa and a 2.5 year extension (total of 5 years) to qualify for ILR. Only once you have ILR are you eligible for citizenship (if you are not married to a British citizen, you must complete 12 months on ILR before you can apply for citizenship).

CR001 · Post by **CR001** » Tue Oct 18, 2016 9:40 pm

The absence should not be a problem. Make sure you maintain records of communication and 'subsisting marriage' if spouse travels for extended periods without you.

For the second 2.5 year visa and ILR, you/spouse will need to meet the same financial etc requirements again.

FXR_1340 · Post by **FXR_1340** » Mon Jan 02, 2017 8:55 pm

I have been thinking about my situation for a number of months now and, quite frankly, I am going around in circles as to the way to proceed and the process to follow.

After much thought and from a financial view point, a marriage in Scotland and then remaining in Scotland is the option favoured.

The outline for this will be to marry in the first half of 2017. We will then live in the house I currently own.

As mentioned before, my annual income is sufficient to meet the £18,600 criteria.

Which paperwork do I need to complete to make this happen?

I understand that if a Fiancée visa is applied for the cost is £1,195 plus the Health Surcharge. Not quite sure but I think this is £600?

Once the Fiancée Visa is in place and the marriage happens in UK within the allotted time (6 months?) how do we then apply for Leave to Remain? Or is there something else we need to do?

We will get married very soon after she arrives in UK. How much time can my new wife remainin UK after the ceremony on the Fiancée Visa?

What about costs involved in the next stage? What are the next steps?

Apologies if this is old ground but I am so confused. I have no desire to engage a lawyer for this. Money is tight enough!

Further apologies for coming across as being rather thick but I need a step by step walk thru of the process to arrive where we want to be.

Really grateful for your assistance.

CR001 · Post by **CR001** » Mon Jan 02, 2017 9:03 pm

FXR_1340 wrote:I have been thinking about my situation for a number of months now and, quite frankly, I am going around in circles as to the way to proceed and the process to follow.

After much thought and from a financial view point, a marriage in Scotland and then remaining in Scotland is the option favoured.

The outline for this will be to marry in the first half of 2017. We will then live in the house I currently own.

As mentioned before, my annual income is sufficient to meet the £18,600 criteria.

Which paperwork do I need to complete to make this happen? VAF4A and Appendix FM.

I understand that if a Fiancée visa is applied for the cost is £1,195 plus the Health Surcharge. Not quite sure but I think this is £600? Immigration health surcharge is not payable for a 6 month fiance visa.

Once the Fiancée Visa is in place and the marriage happens in UK within the allotted time (6 months?) how do we then apply for Leave to Remain? Or is there something else we need to do? Once married and before the fiance visa expires, spouse applies for a 2.5 year visa on FLR(M) and Appendix FM. Meeting all the same requirements again.

We will get married very soon after she arrives in UK. How much time can my new wife remainin UK after the ceremony on the Fiancée Visa? For how long the visa is valid. She MUST apply on FLR(M) for the spouse visa BEFORE the fiance visa expires. While on a fiance visa, she will NOT be permitted to work.

What about costs involved in the next stage? What are the next steps? FLR(M) costs £811 if applying by post or £1311 if applying in person. £500 immigration health surcharge payable.

Apologies if this is old ground but I am so confused. I have no desire to engage a lawyer for this. Money is tight enough!

Further apologies for coming across as being rather thick but I need a step by step walk thru of the process to arrive where we want to be.

Really grateful for your assistance.

FXR_1340 · Post by **FXR_1340** » Tue Jan 03, 2017 10:44 am

CR001 wrote:
FXR_1340 wrote:I have been thinking about my situation for a number of months now and, quite frankly, I am going around in circles as to the way to proceed and the process to follow.

After much thought and from a financial view point, a marriage in Scotland and then remaining in Scotland is the option favoured.

The outline for this will be to marry in the first half of 2017. We will then live in the house I currently own.

As mentioned before, my annual income is sufficient to meet the £18,600 criteria.

Which paperwork do I need to complete to make this happen? VAF4A and Appendix FM.

I understand that if a Fiancée visa is applied for the cost is £1,195 plus the Health Surcharge. Not quite sure but I think this is £600? Immigration health surcharge is not payable for a 6 month fiance visa.

Once the Fiancée Visa is in place and the marriage happens in UK within the allotted time (6 months?) how do we then apply for Leave to Remain? Or is there something else we need to do? Once married and before the fiance visa expires, spouse applies for a 2.5 year visa on FLR(M) and Appendix FM. Meeting all the same requirements again.

We will get married very soon after she arrives in UK. How much time can my new wife remainin UK after the ceremony on the Fiancée Visa? For how long the visa is valid. She MUST apply on FLR(M) for the spouse visa BEFORE the fiance visa expires. While on a fiance visa, she will NOT be permitted to work.

What about costs involved in the next stage? What are the next steps? FLR(M) costs £811 if applying by post or £1311 if applying in person. £500 immigration health surcharge payable.

Apologies if this is old ground but I am so confused. I have no desire to engage a lawyer for this. Money is tight enough!

Further apologies for coming across as being rather thick but I need a step by step walk thru of the process to arrive where we want to be.

Really grateful for your assistance.

Thank you so much for your reply. It is very helpful.

Where you say VAF4A and Appendix FM. and Once married and before the fiance visa expires, spouse applies for a 2.5 year visa on FLR(M) and Appendix FM. Meeting all the same requirements again. Is the Appendix FM the same document? I have printed an Appendix FM and there does not seem to be any thing to complete. It seems to be an information and guidance document. Is this correct?

Grateful for your further assistance.

Thanks again for your help. I really do appreciate it.

CR001 · Post by **CR001** » Tue Jan 03, 2017 11:01 am

Apologies, it is Appendix 2, link below.

https://www.gov.uk/government/uploads/s ... endix2.pdf

FXR_1340 · Post by **FXR_1340** » Wed Jan 04, 2017 9:19 pm

CR001 wrote:Apologies, it is Appendix 2, link below.

https://www.gov.uk/government/uploads/s ... endix2.pdf

Thank you so much for your clarification and please, there is no need to apologise. You have helped me immensely.

After the marriage ceremony, which we intend will take place very early on in the 6 month visa period, does my new wife need to leave the country whilst the Leave to Remain paperwork is submitted and the subsequent decision is made and sent to us?

For example, the ceremony takes place in month 1 of the 6 month visa. The Leave to Remain paperwork is lodged 1 week after the ceremony, therefore using up 5 weeks of the 24 week visa (6 months) Can my new wife remain in UK for the remaining 19 week of the visa or must she leave the country?

If she can remain in UK, she would leave within the 19 weeks remaining on the original visa. How long does it take to process the Leave to Remain and receive a decision?

However, funds permitting, hopefully we would be able to use a Same Day Service (if such a thing is available for this type of application).

Sorry for all the extra questions but this is stressing me out and I dont know how it all works. The Govt website has lots of information but it too is rather confusing as it jumps about from one thing to another.

Thanks again for any further help you an give.

CR001 · Post by **CR001** » Wed Jan 04, 2017 9:47 pm

FXR_1340 wrote:After the marriage ceremony, which we intend will take place very early on in the 6 month visa period, does my new wife need to leave the country whilst the Leave to Remain paperwork is submitted and the subsequent decision is made and sent to us? No, she can remain in the UK. She cannot work though until her new visa is issued.

For example, the ceremony takes place in month 1 of the 6 month visa. The Leave to Remain paperwork is lodged 1 week after the ceremony, therefore using up 5 weeks of the 24 week visa (6 months) Can my new wife remain in UK for the remaining 19 week of the visa or must she leave the country? Yes. She can apply for the spouse visa (FLR(M)) as soon as marriage has taken place. She can apply in person for a same day decision (£1311 plus £500 immigration health surcharge) or by post (£811 plus £500 immigration health surcharge) which takes a couple of months.

If she can remain in UK, she would leave within the 19 weeks remaining on the original visa. How long does it take to process the Leave to Remain and receive a decision? See my answer above.

However, funds permitting, hopefully we would be able to use a Same Day Service (if such a thing is available for this type of application). Always a good option. I only ever used in person for same day decision.

Sorry for all the extra questions but this is stressing me out and I dont know how it all works. The Govt website has lots of information but it too is rather confusing as it jumps about from one thing to another.

Thanks again for any further help you an give.

FXR_1340 · Post by **FXR_1340** » Thu Jan 05, 2017 9:23 pm

CR001 wrote:
FXR_1340 wrote:After the marriage ceremony, which we intend will take place very early on in the 6 month visa period, does my new wife need to leave the country whilst the Leave to Remain paperwork is submitted and the subsequent decision is made and sent to us? No, she can remain in the UK. She cannot work though until her new visa is issued.

For example, the ceremony takes place in month 1 of the 6 month visa. The Leave to Remain paperwork is lodged 1 week after the ceremony, therefore using up 5 weeks of the 24 week visa (6 months) Can my new wife remain in UK for the remaining 19 week of the visa or must she leave the country? Yes. She can apply for the spouse visa (FLR(M)) as soon as marriage has taken place. She can apply in person for a same day decision (£1311 plus £500 immigration health surcharge) or by post (£811 plus £500 immigration health surcharge) which takes a couple of months.

If she can remain in UK, she would leave within the 19 weeks remaining on the original visa. How long does it take to process the Leave to Remain and receive a decision? See my answer above.

However, funds permitting, hopefully we would be able to use a Same Day Service (if such a thing is available for this type of application). Always a good option. I only ever used in person for same day decision.

Sorry for all the extra questions but this is stressing me out and I dont know how it all works. The Govt website has lots of information but it too is rather confusing as it jumps about from one thing to another.

Thanks again for any further help you an give.

Again, thank you so much for your guidance. With your help we now understand the process considerably better than before.

As a matter of interest, I looked at the Govt website concerning Apply to join family living permanently in the UK as shown https://www.gov.uk/join-family-in-uk/overview Further down this page it advises the process will take up to 12 weeks.

However, looking at the How long a Visa Will Take page Visa processing times on the same website as shown at this link, https://visa-processingtimes.homeoffice ... states/all it states all Settlement Visas are processed within 90 days and most within 30 days.

Why is it so confusing?

Should we (by that I mean, should my betrothed) decide we should marry in USA, I presume we would complete the form on these pages which is an on-line process? Is there a Day Service available for this visa? That is, can my betrothed and I go along to the New York office (home is just 35 miles from NY) and pay for a Same Day Service?

Again, apologies for more questions but I need to be armed to answer the questioned thrown at me by my beloved.

CR001 · Post by **CR001** » Thu Jan 05, 2017 9:52 pm

But 90 days is roughly 12 weeks

HO have to give themselves a range, some applications are more complicated than others.

There is no same day option for applications made outside the UK. There is a priority visa service but 'priority' is still not guaranteed.

FXR_1340 · Post by **FXR_1340** » Sun Jan 08, 2017 6:48 pm

CR001 wrote:But 90 days is roughly 12 weeks

HO have to give themselves a range, some applications are more complicated than others.

There is no same day option for applications made outside the UK. There is a priority visa service but 'priority' is still not guaranteed.

Your arithmetic is better than mine. I thought they may only count work days and not weekends too....every day is a school day

Thanks for your help with all of this.

My partner operates an online business in the US. Can she undertake work relating to this whilst on a visitor visa to UK?

CR001 · Post by **CR001** » Sun Jan 08, 2017 6:50 pm

Any form of work (online, voluntary, paid or unpaid) is NOT permitted if in the UK on a visitor visa.

FXR_1340 · Post by **FXR_1340** » Sun Jan 08, 2017 7:21 pm

CR001 wrote:Any form of work (online, voluntary, paid or unpaid) is NOT permitted if in the UK on a visitor visa.

Thank you. I thought that was the case and wanted confirmation as the Govt website says (or at least I interpret wrongly) that work connected with a business in the home country may be permissible.

We genuinely want to make sure we go through the process correctly and follow the rules.

That way there will be no hidden surprises as we move through the stages.

Your help has been fantastic. Thank you very very much.

FXR_1340 · Post by **FXR_1340** » Sat Jan 14, 2017 7:51 pm

After all the help and guidance I have had here I was able to print a copy of the VAF4A and Appendix 2 and complete. However I do know the form needs to be completed on-line.

The Visa website stipulates the form must be completed on-line and outiside of the UK. My partner is due to visit me in Bonnie Scotland next month. Is it permissable to complete the form online when she visits? It can no doubt be established the form was completed in UK albeit on-line.

Moving on, I have been gathering paperwork to support the application.

The documents being submitted to support the application will be a letter from my employer detailing my start date to my current job (September 2014), 12 months pay slips, a statement outlining my occuppational pension, a mortgage statement, utility bills and 12 months of bank statements. I will also supply flight ticket details for the 3 trips I made to visit my partner in USA. What about divorce papers, would these be worthwhile?

Apart from my partners up coming flight details I'm not quite sure what else she could submit? Maybe she could submit her pay slips? Accomodation/Utilities bills? Any thing else?

The information I give here is probably all we intended to submit, that is, VAF4A, Appendix 2 and various financial and property statements.

Have I missed anything? Any more offical papers which should go along with the VAF4A and Appendix 2?

Any other personal documents which may support the application?

Once again, I'm very grateful for any assistance and any further advice.

CR001 · Post by **CR001** » Sat Jan 14, 2017 7:59 pm

It can be completed online in the UK. Hardly like UKVI will track your IP to see where it was completed.

How long is she visiting you for?

Casa · Post by **Casa** » Sat Jan 14, 2017 8:01 pm

If either of you have been married before you MUST submit the divorce decree absolute or the application will be refused.

FXR_1340 · Post by **FXR_1340** » Sat Jan 14, 2017 8:07 pm

Thanks for your response.

Arrives on Feb 20 and Dep March 4.

We will both submit final divorce papers. My partner will also provide a photograph with the application.

Any thoughts on the documents and evidence we intend submitting?

Any more official papers to be submitted at the same time?

We had looked at securing the services of a solicitor to do the work but the cost, circa £1000, is rather prohibitive.

CR001 · Post by **CR001** » Sat Jan 14, 2017 9:15 pm

A solicitor doesn't 'do the work'. They charge a fortune to effectively fill in a form and check your documents (free of charge on the forum though to help you).

A solicitor also has no bearing on the outcome and they often get it very very wrong, as many members on the forum have discovered.

FXR_1340 · Post by **FXR_1340** » Sat Jan 14, 2017 9:32 pm

CR001 wrote:A solicitor doesn't 'do the work'. They charge a fortune to effectively fill in a form and check your documents (free of charge on the forum though to help you).

A solicitor also has no bearing on the outcome and they often get it very very wrong, as many members on the forum have discovered.

Yes, I had thought that was the case....unless I pay £1850 + VAT!!!

I am very happy with the guidance you have given me. It has been instrumental in me getting this far. I am very very grateful.

We will submit the VAF4A and Appendix 2 along with the personal documents and hope this will be enough to get a favourable decision.

As it is my partner who must submit the forms we will have her take my papers home when she returns to the US in March.

As I am unclear as to the process after the form is complted, I assume during the on-line activity some sort of oltion is available to make an appointment to visit a visa office in New Jersey where the the forms and personal papers are lodged? Also this is where any biometric information is gathered by the authorities?

I will be grateful for clarification of the next stes in the process.

Casa · Post by **Casa** » Sat Jan 14, 2017 9:39 pm

VFS Global is the processing agent for UK visas applications submitted in the USA. See the information for the procedure in the link below:

http://www.vfsglobal.co.uk/usa/

http://www.vfsglobal.co.uk/usa/applicationcentre.html#1

FXR_1340 · Post by **FXR_1340** » Sat Jan 14, 2017 10:01 pm

Casa wrote:VFS Global is the processing agent for UK visas applications submitted in the USA. See the information for the procedure in the link below:

http://www.vfsglobal.co.uk/usa/

http://www.vfsglobal.co.uk/usa/applicationcentre.html#1

Thank you for your contribution.

In the Step 2 of the first link, a further link takes me to a page which shows a
Premium Application Center, NYC which offers an expidited service. There is also an office at Elizabeth in New Jersey which is about 20 miles closer.

The extra 20 miles and fighting the traffic to get into New York City might be worth it for expedited. Pity the expedited service isnt available for a Marriage/Fiancee Visa. Probably costs a fortune anyway.......

FXR_1340 · Post by **FXR_1340** » Sat Jan 14, 2017 11:43 pm

So, if I may sum up all the guidance gratefully received.

The VAF4A and Appendix 2 is completed on line.

An appointment is made at a Visa Centre. (Is this done once the form is complete and during the online session? Maybe a separate link?)

Once an appointment is made, the forms are printed.

Attend the appointment and submit the printed forms along with the supporting documents, inc a photograph(?).

Await a decision which will be received by email (is this correct?)

Return to the place the original appointment took place and collect the supporting original documents, inc passport, and (hopefully) receive the visa which is with the returrned passport (Correct?)

That is my understanding of the process.

What about biometrics? Are these required, if so, when are they taken?

I suppose there will be a fee to be paid for the biometrics, how much is the fee?

If the passport already has a "chip", are biometric details needed to be taken?

Thanks in advance for your help.

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