Best way to start our life in the UK?

[Rtbb]

Hi all,

My girlfriend (Chinese) and I (British) are in the process of planning our life out. To give some context, we met in April 2016, got together in June 2017, and have lived together in Australia since March of this year. I leave for the UK in the coming March due to my working holiday visa expiring, and she will be staying to finish her MA until the end of October. She'll visit me in June until mid-July.

In an ideal world, I'll find a job that pays over £18,600, she'll come straight to the UK in late October on a stable visa, find work, and then we'll begin the rest of our life together, uninterrupted by visa woes.

What's the smoothest way to accomplish this?

We plan on getting married anyway, so we don't see any harm in doing it sooner rather than later. Is it best to get married in the UK, rather than China?

How does the Marriage Visitor visa work? Once we're married, does she need to leave, or can she stay out the 6 months? Does she need to leave and re-enter on a spouse visa?

Would we best utilising the fiancé aspect of the family visa, so she can stay for 6 months while we get everything organised (though I haven't yet proposed!)? I feel like this would be the best, but I'm not sure how viable it is.

As for the £18,600 wage, I have to have at least 6 months of pay-checks towards it before we can start the process? I also read that over £16,000 cash savings is acceptable--is this actually the case, or will the wage always trump this?

All in all, we're aiming to stay together for as long as possible, really, and have as much of a normal life as we can while all of this is sorted out.

Sorry for all the questions--I'm sure I can find these already answered, but it's nice to have a direct response and we really are stressed over this. Thanks for reading.

[CR001]

In an ideal world, I'll find a job that pays over £18,600, she'll come straight to the UK in late October on a stable visa, find work, and then we'll begin the rest of our life together, uninterrupted by visa woes.

Not sure what you mean by 'stable visa'??

What's the smoothest way to accomplish this?

Marrying and then applying for a spouse visa.

We plan on getting married anyway, so we don't see any harm in doing it sooner rather than later. Is it best to get married in the UK, rather than China?

Your choice where you marry.

How does the Marriage Visitor visa work? Once we're married, does she need to leave, or can she stay out the 6 months? Does she need to leave and re-enter on a spouse visa?

If you apply for a Marriage Visitor visa, she cannot remain in the UK and switch to a spouse visa within the UK. If that is what you wish to do, she must apply for the substantially more expensive 6 month Fiance visa. She won't be permitted to work on this until you are married and she has switched to the spouse visa.

Would we best utilising the fiancé aspect of the family visa, so she can stay for 6 months while we get everything organised (though I haven't yet proposed!)? I feel like this would be the best, but I'm not sure how viable it is.

Fiance visa yes, costs £1500 odd and then the spouse visa and fee and IHS fee once you are married. For both you have to meet the financial requirements and she has to meet the English requirements. You also have to prove adequate accommodation.

As for the £18,600 wage, I have to have at least 6 months of pay-checks towards it before we can start the process? I also read that over £16,000 cash savings is acceptable--is this actually the case, or will the wage always trump this?

Yes, you need 6 months payslips and 6 months corresponding bank statements plus employer letter etc. If you choose to salary, then you DO NOT need savings.

[Rtbb]

Thanks for replying.

Not sure what you mean by 'stable visa'??

As in unlikely to be revoked/run out. E.g. I wouldn't consider a short term stay visa stable. Sorry, I don't know the correct terms.

If you apply for a Marriage Visitor visa, she cannot remain in the UK and switch to a spouse visa within the UK. If that is what you wish to do, she must apply for the substantially more expensive 6 month Fiance visa. She won't be permitted to work on this until you are married and she has switched to the spouse visa.

So on the Marriage Visitor visa, she has to leave once we're married and then remain outside until we get the spouse visa, which may take several months? But in that time she's free to work in Beijing.

Is the fiance visa any less likely to get than a spouse one? How long does it usually take to get?

You also have to prove adequate accommodation.

Do you have a link to what constitutes this? I imagine I'll probably be in some sort of share house situation until she arrives. Could I put down my family home?

Yes, you need 6 months payslips and 6 months corresponding bank statements plus employer letter etc. If you choose to salary, then you DO NOT need savings.

Alright, so 6 months minimum working. Regarding the savings, I was wondering if that is an option instead of salary, as I'm not sure exactly how long it'll take me to find work. Though I assume applying with a salary will present a stronger case.

Thank you for the answers. This is feeling a bit clearer now.

[Rtbb]

Another question:

Is it possible for her to visit the UK on a tourist visa during the application period?

[CR001]

To use only savings to meet the financial requirements, you need £62,500 held for a minimum of 6 months.

She has to submit her passport when she applies so no she won't be able to visit the UK on a tourist visa.

Fiance and spouse visa are the same rules and requirements.

[Rtbb]

£62k? Where does £16,000 come into it?

She has to submit her passport when she applies so no she won't be able to visit the UK on a tourist visa.

How long does it take for it to be returned? She was planning on staying in Australia to work on her student visa for 4 or 5 months while we apply, but she may need to visit China during that time.

[vinny]

Financial requirements

E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); or

[Casa]

Further to Vinny's post, for clarity the first £16,000 of savings is disregarded.

You then need £18,600 x 2.5 (the length of the first visa) = £46,500

£46,500 + £16,000 = £62.500

A spouse settlement visa can take up to 12 weeks to process.

Also consider that the current visa fee for a Spouse visa is £1,523 and the additional cost of the NHS Surcharge is due to increase to £1,200.

[Rtbb]

Thanks, that clears it up. "Savings above £16,000" is incredibly misleading.

[Casa]

Thanks, that clears it up. "Savings above £16,000" is incredibly misleading.

I agree....as is much of the HO guidance.