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Help! Applying to settle in UK with fiance

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 5:00 am

Hi there,

I am hoping to join my fiancé in the UK this coming July. We have been together for nearly three years when I came to work in the UK back in 2013. I returned back to Australia later that year and we have (unfortunately) had a long distance relationship since then, meeting for a few weeks in either Sydney or London. Last September, he asked me to marry him when he was staying with my family in Australia and I happily accepted. I had initially (and unwittingly) thought the visa was an easy propose considering I am coming from Australia with qualifications. My fiancé and I decided that once we finished our degrees, we would get married. I am graduating this April from UWS, and he will be graduating from his Bachelor of Medicine and Surgery degree in July from King’s College London. I have been planning to go to his graduation on the first of July and our families were hoping we would get married on the 9th of July of 2016 as it is convenient for both families and friends considering the long travels between cities. And this was the only reasonable date for us as he will be commencing his Foundation Years Doctor position with the NHS in late July. He will be guaranteed a job once he completes his degree as part of the NHS and university collaborations.

Due to his study commitments, Ahmad has not held a job that pays him 18,200pounds as he is a fulltime medical student. However, I have been working fulltime and studying fulltime while completing my Bachelor of Business and Commerce degree (working for approximately 5 years), and my current salary exceeds $75000 AUD p/a. I have also saved a fair bit of money, in my account approximately 19,000pounds and my parents had gifted me 45,000pounds last June 2015, however, I had kept this Money in my sisters chequing account, as my parents thought it would be easier. I did not realise that I needed such as large amount of cash in my account for 6 months prior to applying for this visa to settle and marry my fiancé.

As of today (7 January 2016), I have transferred the moneys, and my account now has a balance of 62,500 pound (and just above), but because I can only apply after 6 months, I am very worried I won’t be able to watch my fiancé graduate, and join him on our planned wedding day on the 9th of July. I understand that 6 months from the money in my account would be the 6th of July 2016, (which therefore means I cannot attend the wedding nor graduation).

My question is, if I provide bank statements at the time of application showing I have 62,500 pounds, and provide a Statuary Declaration from both my sister and parents to state that money has belonged to me since June 2015, and I was in control of that money and at any given moment it would’ve been released to me, am I able to apply for this visa in for example May and await a response to perhaps arrive in June with the expedited service?

I am extremely anxious and devastated at this, and I wish I had looked into this a few months earlier, I have just completed my degree and I work fulltime so I really haven’t had much time to myself or to do anything. Now that I have finished, I have researched and contacted the advice line and have been given two different answers. I am an honest person (who is also appointed as a Justice of the Peace for the State by the Attorney General) and just want to be with the love of my life.

I apologise for the wordy email, I would just like some direction and some advice, I hope that you can be of some assistance.

Many thanks in advance for your help and I look forward to your response.

PS – I have attached the response from the representative I spoke to over the telephone below:

Dear Ms ____,

Thank you for contacting the UK Visas and Immigration International Enquiry
Service.

Although guidance to supporting documents does not state this, I have just
found that Immigration Directorate Instruction states the money has to be
held by applicant and/or sponsor for at least the 6 months prior to the
date of application.
https://www.gov.uk/government/uploads/s ... ta/file/27
0197/sup-docs-settlement.pdf
https://www.gov.uk/government/uploads/s ... ta/file/46
9692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

Do you think you can provide a document where the money you put in the
account today came from? You may submit it with your bank statement to
prove the money has belonged to you.

For any further details, or should you need to contact us again please
refer to our website at https://ukvi-international.faq-help.com/, select
appropriate country, click next and then select 'E-Mail form' and complete
as instructed. We will aim to come back to you within 1 day.

Kind regards,
Miyuki Y.
UK Visas and Immigration International Enquiry Service

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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 5:17 am

ALso, I am a Turkish citizen too, maybe I can apply from Turkey if thats another option, or go to UK in July then apply for the visa in Turkey?? I am not sure what to do! Please help :(!

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 9:47 am

Please don't post a link to your thread asking for help in other forum members topics.

You can apply for a fiance visa from any country where you are legally residence. There is no way that you can avoid the 6 months wait with your savings before you can apply.
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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 10:13 am

Please see Multiple Posts (click) and refrain from posting your link asking for help in every thread you might find.

Please try and be patient for responses to your query in addition to the one I have already provided. Members will respond if and when they choose to.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 10:15 am

CR001 wrote:Please don't post a link to your thread asking for help in other forum members topics.

You can apply for a fiance visa from any country where you are legally residence. There is no way that you can avoid the 6 months wait with your savings before you can apply.

Sorry about that! I was just worried no one would see it :(

My country of residence is Australia and I havent been to Turkey in 15 years. Can I still apply from Turkey for the fiance visa? Planning to see my fiance for his graduation on 1st of July, visit family in Turkey and apply there and wait for verdict. the flight to Australia and back is minimum 24 hrs each way! not to mention extremely expensive.

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 10:19 am

Sorry about that! I was just worried no one would see it :(
All members can see it, but it doesn't mean all members have the answers for you. We also work, have families etc.

If you are a citizen of Turkey, you have legal residence there. Do you have family in Turkey?

It will be less complicated if you apply from Australia (and probably quicker too)
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 10:27 am

CR001 wrote:
Sorry about that! I was just worried no one would see it :(
All members can see it, but it doesn't mean all members have the answers for you. We also work, have families etc.

If you are a citizen of Turkey, you have legal residence there. Do you have family in Turkey?

It will be less complicated if you apply from Australia (and probably quicker too)

Yes, I have lots of cousins and uncles and aunties there, but I can not speak the language well as I was raised in Australia. I am not sure now if I should just postpone everything and miss his graduation, or go on a holiday visa (aussies dont need visa for 6 month or less holidays), and leave after a month and complete the visa then return if accepted. Do you think this is a good idea? or just post pone everything?

I am literally unable to eat, drink or sleep and I cant perform at work :(. Thank you so much for your response!

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 10:58 am

To avoid risking a refusal of the fiance visa because of a rushed application, I would postpone the wedding.
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Re: Help! Applying to settle in UK with fiance

Post by noajthan » Thu Jan 07, 2016 12:13 pm

erdem123 wrote:Do you think this is a good idea? or just post pone everything?

I am literally unable to eat, drink or sleep and I cant perform at work :(. Thank you so much for your response!
I think you are being far too ambitious with all these complicated & inter-linked plans.
(I sympathise as I understand its through innocence).

This is the Home Office you are dealing with.
Assume nothing.

As my dear granny used to say: there's many a slip twixt cup and lip

Suggest clear your calendar.
Focus on visa.

Once that is in the bag then you will get your life back & can begin to plan other life events accordingly.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 1:13 pm

Ehat if I apply for the marriage proposal visa until I wait for the 62,500 pounds in my account to be at 6 months then apply for marriage settlement visa. Question though, I am an Australian citizen but don't want to travel all the way back to Australia to apply. I have Turkish citizenship and was wondering if I can apply from turkey once my temporary marriage visa expires and apply for the marriage settlement visa. I have not been back to turkey for 15 years. Is this ok to do??

I know someone answered this but I googled legal residence, and I don't seem to classify, as I haven't lived there for over 15 years and I also don't have any property to live in apart from family (cousins etc).

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Re: Help! Applying to settle in UK with fiance

Post by Casa » Thu Jan 07, 2016 1:17 pm

erdem123 wrote:Ehat if I apply for the marriage proposal visa until I wait for the 62,500 pounds in my account to be at 6 months then apply for marriage settlement visa. Question though, I am an Australian citizen but don't want to travel all the way back to Australia to apply. I have Turkish citizenship and was wondering if I can apply from turkey once my temporary marriage visa expires and apply for the marriage settlement visa. I have not been back to turkey for 15 years. Is this ok to do??

I know someone answered this but I googled legal residence, and I don't seem to classify, as I haven't lived there for over 15 years and I also don't have any property to live in apart from family (cousins etc).
Marriage proposal visa? There isn't a category for this, nor a temporary marriage visa. Do you mean a fiance visa? If so, the same conditions need to be met (including finance) as required for a spouse settlement visa.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 1:17 pm

CR001 wrote:If you are a citizen of Turkey, you have legal residence there.
The processing time will probably be a bit longer though.

There are two visas, marriage visitor visa or the fiance visa.

Marriage visitor visa you DO NOT need the £62,500 but you do for the fiance visa. Marriage visitor visa is under £100.

Marriage visitor visa you have to leave the UK and apply from home country/country of residence for the spouse visa.

Fiance visa you can switch to the spouse visa in the UK. Also costs £649.

You need to be clear and say which option you will be looking at.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 8:51 pm

Casa wrote:
erdem123 wrote:Ehat if I apply for the marriage proposal visa until I wait for the 62,500 pounds in my account to be at 6 months then apply for marriage settlement visa. Question though, I am an Australian citizen but don't want to travel all the way back to Australia to apply. I have Turkish citizenship and was wondering if I can apply from turkey once my temporary marriage visa expires and apply for the marriage settlement visa. I have not been back to turkey for 15 years. Is this ok to do??

I know someone answered this but I googled legal residence, and I don't seem to classify, as I haven't lived there for over 15 years and I also don't have any property to live in apart from family (cousins etc).

Hi there,

This is the temp marriage visa

https://www.gov.uk/marriage-visa

Marriage proposal visa? There isn't a category for this, nor a temporary marriage visa. Do you mean a fiance visa? If so, the same conditions need to be met (including finance) as required for a spouse settlement visa.

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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 8:53 pm

CR001 wrote:
CR001 wrote:If you are a citizen of Turkey, you have legal residence there.
The processing time will probably be a bit longer though.

There are two visas, marriage visitor visa or the fiance visa.

Marriage visitor visa you DO NOT need the £62,500 but you do for the fiance visa. Marriage visitor visa is under £100.

Marriage visitor visa you have to leave the UK and apply from home country/country of residence for the spouse visa.

Fiance visa you can switch to the spouse visa in the UK. Also costs £649.

You need to be clear and say which option you will be looking at.

Marriage visitor visa >>>>>>> marriage settlement visa

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Re: Help! Applying to settle in UK with fiance

Post by Casa » Thu Jan 07, 2016 9:07 pm

A marriage visitor visa has different conditions from a marriage settlement visa.
A marriage visitor visa will enable you to marry in the UK and after the wedding (before the visa expires) you will have to leave. You will have to show strong reasons for leaving the UK after the wedding..employment, ties to your home country etc to convince the ECO that you won't overstay your visa.
A marriage settlement visa requires your sponsor (fiance) to show earnings of £18,600 per annum or proof of savings as you've already discussed.
A fiance visa, enables you to marry in the UK within 6 months and then after the wedding, apply for a spouse settlement visa - FLR(M) within returning to your home country. This requires the same evidence of finance.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 11:00 pm

Casa wrote:A marriage visitor visa has different conditions from a marriage settlement visa.
A marriage visitor visa will enable you to marry in the UK and after the wedding (before the visa expires) you will have to leave. You will have to show strong reasons for leaving the UK after the wedding..employment, ties to your home country etc to convince the ECO that you won't overstay your visa.
A marriage settlement visa requires your sponsor (fiance) to show earnings of £18,600 per annum or proof of savings as you've already discussed.
A fiance visa, enables you to marry in the UK within 6 months and then after the wedding, apply for a spouse settlement visa - FLR(M) within returning to your home country. This requires the same evidence of finance.

I'm so sorry I have a final question,

What about say, I apply in May, (62,500 pounds has now been in my account for 4 months) and I also add a statuary declaration from my parents saying they gifted me the remainder of the money that I had put later in my account (in January) but this money has always been under my control since June 2015, and I had full ownership. Will they consider my application or there atre absolutely no exceptions and I have to have it in my own bank Account for 6 months ?

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 11:13 pm

There are no exceptions at all, it has to be 6 months minimum in an account in YOUR name and the funds must be liquid, i.e. not a fixed deposit.

Secondly, third party support is not permitted anymore. You cannot prove in anyway with bank statements that the money was yours and this is exactly what UKVI will ask for.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 11:18 pm

Casa wrote:
erdem123 wrote:Ehat if I apply for the marriage proposal visa until I wait for the 62,500 pounds in my account to be at 6 months then apply for marriage settlement visa. Question though, I am an Australian citizen but don't want to travel all the way back to Australia to apply. I have Turkish citizenship and was wondering if I can apply from turkey once my temporary marriage visa expires and apply for the marriage settlement visa. I have not been back to turkey for 15 years. Is this ok to do??

I know someone answered this but I googled legal residence, and I don't seem to classify, as I haven't lived there for over 15 years and I also don't have any property to live in apart from family (cousins etc).
Marriage proposal visa? There isn't a category for this, nor a temporary marriage visa. Do you mean a fiance visa? If so, the same conditions need to be met (including finance) as required for a spouse settlement visa.

Sorry I mean the Marriage Visitor Visa and then after 5 months, leave UK and apply from Australia for the Marriage Settlement Visa.. I am sorry I dont have all the visa names correctly But I meant the Marriage Visitor Visa.

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 11:20 pm

You don't need to prove the £62,500 for a marriage visitor visa. But you will have to leave the UK before the visa expires. Just to be clear, this is the visa that is under £100 and cannot be switched in the UK.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Thu Jan 07, 2016 11:22 pm

CR001 wrote:You don't need to prove the £62,500 for a marriage visitor visa. But you will have to leave the UK before the visa expires. Just to be clear, this is the visa that is under £100 and cannot be switched in the UK.

Yes, but I mean, once I return to Australia, can I then apply to settle in the UK on a marriage visa ONCE my marriage visitor visa expires? We will need to meet the financial requirements then, but by then, my fiance will have worked for 6 months as a first year medic (hopefully earning 18,600pounds) and my own savings.

So can I then apply for a settlement marriage visa after getting married on a marriage visitor visa?

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Re: Help! Applying to settle in UK with fiance

Post by CR001 » Thu Jan 07, 2016 11:27 pm

Yes and it will need to be 6 months worth of evidence (either or both savings or income) for the spouse settlement visa.
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Re: Help! Applying to settle in UK with fiance

Post by Casa » Fri Jan 08, 2016 10:04 am

Yes you can, but bear in mind that you may find it difficult to prove (without reasonable doubt) that you have strong ties to your home country when applying for a marriage visitor visa. Even more so it you are intending to apply from Turkey. The ECO will want to be convinced that you won't stay on after the wedding and overstay the visa. Declaring that you plan to later apply for a spouse settlement visa will only add to the ECO's concern.
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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Fri Jan 08, 2016 10:54 am

Thans guys,

Decided I will use the marriage visitor visa, get married, return to aus after 1-2 months, then apply for spouse settlement visa. So should I not declare in my marriage visitor visa application that I plan to apply for my spouse visa after 1-2 months?

I was just gonna be honest :( lol... I mean, surely, lots of people go through this route, no?? I spoke to UKVI contat centre advisors and they said I can definitely apply to settle after using the marriage visitor visa. But have read on forums that this route is difficult... They told me the whole 'you can not settle in the UK' means that WHILST im on that visa, I cant settle, but can get married....

Are they giving me the wrong info?

Is it much more difficult if I go down this way? Its kind of the only option I have. We will still have the money at that point in savings, and I will meet all the other criteria

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Re: Help! Applying to settle in UK with fiance

Post by erdem123 » Fri Jan 08, 2016 10:56 am

Oh and I am purchasing a return ticket :)

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Re: Help! Applying to settle in UK with fiance

Post by Casa » Fri Jan 08, 2016 11:05 am

erdem123 wrote:Thans guys,

Decided I will use the marriage visitor visa, get married, return to aus after 1-2 months, then apply for spouse settlement visa. So should I not declare in my marriage visitor visa application that I plan to apply for my spouse visa after 1-2 months?

I was just gonna be honest :( lol... I mean, surely, lots of people go through this route, no?? I spoke to UKVI contat centre advisors and they said I can definitely apply to settle after using the marriage visitor visa. But have read on forums that this route is difficult... They told me the whole 'you can not settle in the UK' means that WHILST im on that visa, I cant settle, but can get married....

Are they giving me the wrong info?

Is it much more difficult if I go down this way? Its kind of the only option I have. We will still have the money at that point in savings, and I will meet all the other criteria
It's always concerning how many incidents we see regularly on the forum where the UKVI 'help line' have given seriously flawed and incorrect information, even on the most simple enquiries. Even worse, they take no responsibility for the bad advice given. I believe (although can't confirm) that the 'help line' is run by an outside agency and the staff have minimum training.
I can confirm 100% that although you are permitted to marry on a marriage visitor visa (after all that's what it is issued for) you are unable to apply to settle from within the UK. You are however able to apply from your home country (or where you have legal residence) after your return for a spouse settlement visa, assuming you meet all the conditions.
I would never advise you to be less than honest in an visa application. You may have to explain why you don't intend to settle in the UK at the present time, but do ensure that you have sufficient evidence of strong ties to your home country to convince the ECO you won't stay on in the UK after the wedding. This will probably be your biggest hurdle.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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