Need help - Fiance/Marriage/Spouse Visa

[mjw6150]

Hi there,

I have been in a relationship for over a year with a girl who is a US citizen but has been doing missionary work in Spain for the last year and a half. We met a few years ago, got close and have visited each other many times in the last few years.

She is planning to move here when her mission finishes next year but we don't really know what to do at the moment.

We feel ready to be married and live together but the requirements for a fiancee or marriage visa appear to be an income of £18,600 a year (my gross income is only £14,700 but I am in the last year of my accountancy exams and my pay will go up this year and once I am qualified will be above the £18,600 figure). We can get savings together of around £10-12,000 by next summer and on top of that we have the financial support of both our families. However, the rules don't seem very flexible.

What other options are there? I'm very confused and the thought of waiting longer than next summer leaves us both with heavy hearts.

Thanks in advance!

Michael

[SoHopeful]

First off, you will both need to decide on where/when you wish to marry. Then you will know if your partner will apply as a Fiance or Spouse.

If your pay increases above the minimum required, all you need to ensure is that you collate the rest of the evidence needed for the application, and have been with the same employer for atleast six months. If you will have this sorted then you may well be able to sponsor your partner.

A spouse visa is the cheaper route but all depends on the first consideration of when and where you wish to marry.

[mjw6150]

First off, you will both need to decide on where/when you wish to marry. Then you will know if your partner will apply as a Fiance or Spouse.

If your pay increases above the minimum required, all you need to ensure is that you collate the rest of the evidence needed for the application, and have been with the same employer for atleast six months. If you will have this sorted then you may well be able to sponsor your partner.

A spouse visa is the cheaper route but all depends on the first consideration of when and where you wish to marry.

Thanks for the response. I guess if we marry in the US or another country it will be cheaper then?

[mjw6150]

Also, is it possible for her to come here if we married in the US next summer and she attempted through the EEA family permit?

Thanks again.

[Greenie]

What is your nationality?

[mjw6150]

What is your nationality?

I am a British citizen, born and lived in Wales all of my life.

She is American but she currently has residency in Spain.

[Greenie]

In that case she wouldn't qualify for an Eea family permit.

[MPH80]

To expand on Greenie's comment:

An EEA family permit is only qualified for if you are someone exercising your treaty rights in another EU Country.

So - for example - if you are french and living/working in the UK - you can apply for an EEA family permit for your non-EEA spouse.

On the other hand - a french person, living and working in france, would have to apply under French immigration law.

The logic is the same for British people living and working in Britain.

On the costs:

You have three options:

1) Apply for a fiancee visa, she flies here, you get married and you apply for an extension as a spouse. Cost: 2 x visa, 1 x flight (assuming you don't go there for the application)

2) Apply for a marriage visitor visa, she flies here, you get married, she flies back and applies for a spouse visa, before flying here again. Cost: 1 x visitor visa, 1 x spouse visa, 3 x flights

3) You go to the USA, get married there, she applies for a spouse visa, you both return (together or separately). Cost: 1 x spouse visa, 3 x flights.

So the total cost can work out considerably different depending on what the flight costs are and how big a wedding you plan to have.

M.

[SoHopeful]

EU route would only be an option if you were residing/working with her in Spain for perhaps 3 months (but the duration is debateable).

[mjw6150]

To expand on Greenie's comment:

An EEA family permit is only qualified for if you are someone exercising your treaty rights in another EU Country.

So - for example - if you are french and living/working in the UK - you can apply for an EEA family permit for your non-EEA spouse.

On the other hand - a french person, living and working in france, would have to apply under French immigration law.

The logic is the same for British people living and working in Britain.

On the costs:

You have three options:

1) Apply for a fiancee visa, she flies here, you get married and you apply for an extension as a spouse. Cost: 2 x visa, 1 x flight (assuming you don't go there for the application)

2) Apply for a marriage visitor visa, she flies here, you get married, she flies back and applies for a spouse visa, before flying here again. Cost: 1 x visitor visa, 1 x spouse visa, 3 x flights

3) You go to the USA, get married there, she applies for a spouse visa, you both return (together or separately). Cost: 1 x spouse visa, 3 x flights.

So the total cost can work out considerably different depending on what the flight costs are and how big a wedding you plan to have.

M.

Okay, thank you for those responses.

Because I am not earning £18,600 a year, that obviously precludes her from gaining any visa until I am earning that right?

I could be earning it next summer as that is when my last accountancy qualification exams happen and my results come.

But there is no other way of getting her to the country than earning that amount it seems. Is there any other ways?

I definitely can provide for her and mean she has no need to claim any government help.

Thanks for all of your responses! Much appreciated!

[Lucapooka]

You don't need an income if you have substantial savings (62.5K max but less if earning some income) but these need to have been held by you for six months; obviously this is in case a friend simply loaned you the money to get the visa.

In your case that would be 18.6 - 14.7 = 3.9(2.5) + 16 = 25.75K

Cash savings being used to offset any shortfall in income at POA must have been held at the required level for 6 months prior to POA. The required level is ([£18,600 – sponsor’s income] x the period of leave being applied for) + £16,000

[mjw6150]

You don't need an income if you have substantial savings (62.5K max but less if earning some income) but these need to have been held by you for six months; obviously this is in case a friend simply loaned you the money to get the visa.

In your case that would be 18.6 - 14.7 = 3.9(2.5) + 16 = 25.75K

Cash savings being used to offset any shortfall in income at POA must have been held at the required level for 6 months prior to POA. The required level is ([£18,600 – sponsor’s income] x the period of leave being applied for) + £16,000

Thanks for the information, we will probably be around 14K off that next summer as well so we may have to wait another year until hopefully I'm qualified and earning more!

There is no other way to do this I assume?

Thanks again!

[MPH80]

Two options if you don't want to go the spouse visa route:

1) She qualifies for a visa in her own right - which in practicality means a student visa or a tier 2 work visa - which requires a company to sponsor her.

2) You move to an EU country for a period of time, exercise your treaty rights (all once married) and bring her on an EEA family permit. Once you've got that - she can re-enter and live in the UK as your spouse.

However, I am assuming that given your accountancy exams are coming up - that latter option isn't an option.

So the options are limited. Otherwise you have to wait for your income level/savings level to be high enough or for her to find a visa for herself in her own right.

M.

[mjw6150]

Two options if you don't want to go the spouse visa route:

1) She qualifies for a visa in her own right - which in practicality means a student visa or a tier 2 work visa - which requires a company to sponsor her.

2) You move to an EU country for a period of time, exercise your treaty rights (all once married) and bring her on an EEA family permit. Once you've got that - she can re-enter and live in the UK as your spouse.

However, I am assuming that given your accountancy exams are coming up - that latter option isn't an option.

So the options are limited. Otherwise you have to wait for your income level/savings level to be high enough or for her to find a visa for herself in her own right.

M.

Thanks for the reply. Yeah, my job and exams make the latter option impossible.

What happens if she comes in as a charity worker? I understand she would have to find a sponsor but what does sponsoring someone entail?

[MPH80]

That's a tier 5 visa - so maximum 12 month stay, and she'd have to be sponsored by an 'A rated' charity from the list of approved sponsors.

You can find that in the UKBA website. It's quite long and extensive - so weeding out the charities could be fun.

Then she's got to find them, apply to them, get them to issue a certificate of sponsorship, which she can then apply for.

M.

[mjw6150]

That's a tier 5 visa - so maximum 12 month stay, and she'd have to be sponsored by an 'A rated' charity from the list of approved sponsors.

You can find that in the UKBA website. It's quite long and extensive - so weeding out the charities could be fun.

Then she's got to find them, apply to them, get them to issue a certificate of sponsorship, which she can then apply for.

M.

Thank you for your advice & time