Visa for My Fiancee to Marry and Settle in the UK

[Waterfall]

Thank you to everyone who has contributed to this site, there is a wealth of information to help guide us through the minefield of immigration!

My partner and I would be grateful of further guidance to assist us with our UK Visa application please. We have tried and tried to get some sense from UKVI staff but always hit brick walls.

Our situation
I am a UK born British citizen residing in the UK. My partner is Bangladeshi born but currently studying in Malaysia and has a valid visa to study in Malaysia and we are already engaged to be married.
We intend to make a UK Visa application to be together and live the UK, marry and settle here and believe that are two visa options for us.

Marriage Visa
We understand that the UK marriage visa is only short term and lasts for 6 months (I’m assuming that after 6 months my partner must leave the UK due to her marriage visa expiring) so this option isn’t ideal.

Family of a Settled Person Visa
We also understand that the “family of a settled person,” may be appropriate for us and should allow us 33 months together before another indefinite leave to remain visa is necessary. This would be a better option but I’m not certain if we can marry on this visa and be in breach of any visa terms and conditions.

Please would you tell us if:
1, if our understanding of the above two visa routes is correct?
2, can you marry in the UK on a family of a settled person visa without breaching any visa terms?
3, which visa route is best and less costly in the long run?
4, is there another visa route applicable to our situation?
5, An unrelated question – does my partner need to pass a UKVI life skills test or a IELTs or both to satisfy the language requirement.

Many many thanks in advance!

[Wanderer]

Second option is for you but initial visa is for 2.5 years after which you extend it another 2.5 years, then apply for ILR.

Initial visa is £649 or so plus the NHS surcharge of £500, same again in 2.5 years time, then ILR, around £1000 but that's a long time off.

Do you pass the finance test?

She'll need to pass an English test, not sure about the detail on that, wasn't needed when we did it.

You've only one route really, as above, it certainly costs....

[noajthan]

...

Please would you tell us if:
1, if our understanding of the above two visa routes is correct?
2, can you marry in the UK on a family of a settled person visa without breaching any visa terms?
3, which visa route is best and less costly in the long run?
4, is there another visa route applicable to our situation?
5, An unrelated question – does my partner need to pass a UKVI life skills test or a IELTs or both to satisfy the language requirement.

Many many thanks in advance!

5) Yes KOLL is required ie LITUK test plus proof of English.

See https://www.gov.uk/life-in-the-uk-test/ ... in-uk-test
&
https://www.gov.uk/english-language/overview

[secret.simon]

Initial visa is £649 or so plus the NHS surcharge of £500, same again in 2.5 years time,

It will likely be much more in 2.5 years time. The UKV&I jumped the fees for ILR from £1093 to £1500 overnight on 6th April 2015. So the fees would jump up quite significantly.

As you are a British citizen, you may want to research into moving to another EEA country and bringing your partner through the Surinder Singh route. The fees are negligible (about £65) and there are fewer requirements.

[Casa]

The visa fees would actually be:
Fiance visa @ £956
After the wedding:
FLR(M) - 2.5 year spouse visa @ £649 for a postal application + £500 NHS Surcharge.

If applying for FLR(M) in person the premium fee would be £1049 + the £500 NHS surcharge.
Your wife wouldn't be able to work legally until FLR(M) had been granted and postal applications can take from 8-12 weeks to process. An application submitted in person for the premium fee would generally be decided on the same day.

[geriatrix]

5) Yes KOLL is required ie LITUK test plus proof of English.

See https://www.gov.uk/life-in-the-uk-test/ ... in-uk-test
&
https://www.gov.uk/english-language/overview

Since when has KOLL / LITUK become a requirement for settlement visas or FLR?

[noajthan]

5) Yes KOLL is required ie LITUK test plus proof of English.

See https://www.gov.uk/life-in-the-uk-test/ ... in-uk-test
&
https://www.gov.uk/english-language/overview

Since when has KOLL / LITUK become a requirement for settlement visas or FLR?

Admittedly I was thinking more of citizenship so in the short-term, apologies, my mistake.

But forewarned is forearmed
How many posts do we see here because applicants didn't plan past the next visa & didn't prepare accordingly
(The forum is full of posters with no WRS or no CSI or the wrong English qualification & etc).

Presumably OP is contemplating for the long term too

[geriatrix]

So, please explain how the OP should follow your advice (forewarned is forearmed) and pass LITUK outside the UK?
We will then use that enlightenment to forewarn and forearm every settlement visa applicant overseas because every such applicant thinks "long-term" (I think).


Story telling is not something that everyone can excel in! Only the gifted few can

[geriatrix]

OP, ignore any comment regarding KOLL / LITUK as it is not at all relevant at this stage.
See Knowledge of English

[noajthan]

So, please explain how the OP should follow your advice (forewarned is forearmed) and pass LITUK outside the UK?
We will then use that enlightenment to forewarn and forearm every settlement visa applicant because every such applicant thinks "long-term".


Story telling is not something that everyone can excel in! Only the gifted few can

Clearly the applicant will be in UK sooner or later.
Get the book & start studying even when abroad; take the test in UK.
Simples.
My wife started by doing that.

Similarly, depending on level of English start the speaking & listening journey asap, wherever the applicant may reside.
Learners of English, especially anyone from the non-Anglosphere countries, will need time to build up fluency and confidence as well as the proficiency to meet the test requirements.

PS "Simples" is a colloquialism & is not recommended to any reader of the forum for use during an English examination.

[Waterfall]

Thank you for all of your advice.

We will sufficiently meet the language requirements, so we are not too concerned about this.

Our main concern was choosing the correct visa so we can marry after she arrives and remain in the UK.

We are not clear on this question. Can you marry in the UK on a family of a settled person visa without breaching any visa terms? Do we need to alter our visa after marriage, if so what to?

[geriatrix]

Three options:

1. Apply for marriage visit visa (6 months), come to UK, get married within the 6 months, return to home country, apply for spouse of a settled person, return to UK as spouse of settled person.
2. Apply for fiancee visa (6 months), come to UK, get married within the 6 months, apply for leave to remain (from within the UK) as spouse /partner of settled person. Cannot work until granted leave as spouse / partner. Casa has outlined this in her post above.
3. Get married outside the UK, apply for spouse / partner of settled person, come to UK.

If you want to get married in the UK, then it is either option 1 or option 2.

[Casa]

The visa fees would actually be:
Fiance visa @ £956
After the wedding:
FLR(M) - 2.5 year spouse visa @ £649 for a postal application + £500 NHS Surcharge.

If applying for FLR(M) in person the premium fee would be £1049 + the £500 NHS surcharge.
Your wife wouldn't be able to work legally until FLR(M) had been granted and postal applications can take from 8-12 weeks to process. An application submitted in person for the premium fee would generally be decided on the same day.

This is the fiance route. VAF4a application is made outside of the UK. FLR(M) (as above) submitted from within the UK after the wedding which must take place within 6 months.

[Waterfall]

Thank you to all, your advice is most appreciated.

A further question, thinking ahead about the FLR(M) step.

After my fiance has been in the UK on fiancee visa and after marrying within 6 months. We will switch to FLR(M) advised.
I understand that we must prove we live together (usually 2 years) with evidence that shows both our names etc.
Could we be potentially refused since we would have only been living together for less then 6 months due to the initial fiancee visa? How do we get around this?

[CR001]

I understand that we must prove we live together (usually 2 years) with evidence that shows both our names etc

Not a requirement if applying from a fiance visa to FLR(M). The FLR(M) form is used for various types of applications (unmarried partner, spouse visa extensions and new applications following fiance).

[Casa]

Bear in mind that the 6 month fiance visa requires you to apply for your FLR(M) visa before the expiry date. i.e don't be under the misapprehension that once you are married you can choose when to apply for further leave to remain. There is a time limit.

[Waterfall]

Am I right in thinking that you must have 3 months left on your visa for FLR(M)?

Also, I'm confused about the language requirements. Will a bachelor degree certified by UKNaric as equivalent to a UK bachelors degree, taught in English to level B2 be sufficient to meet the language requirements?

[CR001]

Am I right in thinking that you must have 3 months left on your visa for FLR(M)?

No, you are not correct. You can apply for FL(M) on the last day the fiance visa is valid for if you want (although not usually advised to cut it so fine)

[Casa]

Am I right in thinking that you must have 3 months left on your visa for FLR(M)?

Also, I'm confused about the language requirements. Will a bachelor degree certified by UKNaric as equivalent to a UK bachelors degree, taught in English to level B2 be sufficient to meet the language requirements?

Yes, to the degree. CR001 has replied to your other question.

[Obie]

Waterfall, the question I did not see you answer to, is whether or not you are earning 18 600 or higher.

This is vital to a successful application.

I agree will my fellow moderators that no need for KOLL or B1 at present and her degree, provided it was taught in English, will suffice .

[Waterfall]

Thank you for all of your guidance, your help is invaluable!

Yes, we meet the financial requirements easily.

I understand that there are 4 main categories and we must meet or exceed all 4 to gain entry clearance, right?

1, Evidence of relationship.
2, Adequate Accomodation.
3, Adequate finances (employment)
4, Proficient in English language (to A1)

Is that correct? Have I missed any out?

[Waterfall]

Please would you clarify a few points below.

My wife is from Bangladesh and I am a UK born British citizen settled in the UK. My wife entered the UK on a fiancee visa and we married on 18th March. We have an appointment to apply for FLR(M) on 8th April 2016 since my wife's entry visa expires on 19th April 2016.

We are confused about the route to settlement and the costs involved.

1, What is the difference between 5 and 10 year route?
We were of the understanding that we follow the 5 year route, is this correct?

2, How long does the FLR(M) last for?

3, How much is the cost of the FLR(M) application? We made a Premium Service Appointment Booking which cost £1311.00. However this website states the fee is £2,375. We paid the NHS fee seperately.
https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner

Best wishes

[Casa]

You've paid the correct fee for a premium appointment at a PSC. £1311 + the NHS surcharge of £500.
The FLR(M) visa will grant an initial period of 2.5 years, after which your wife will have to apply for a further 2.5 year extension before qualifying for ILR are the end of the 5 year term.
https://www.gov.uk/remain-in-uk-family/apply