Visa app for New Zealand fiance

[Bristolhomer]

Hi,

I am in the process of trying to get a work visa for my Kiwi fiance through marriage, so thought I would sign up now with any help/advice being hugely appreciated!

She is 34; was born and raised in New Zealand; and is currently back in Auckland where she is living and working.

I am 41; born and raised in the UK; living and working in London.

We met over 2.5 years ago (January 2015) and have been in a relationship since then. She was in the UK for two years on a working holiday visa. Her visa sadly expired in June 2016, so we has been together for 18 months by that point (we haven't lived together). She then moved back to NZ. We last were together, in the same country, in June/July this year when she came over here for a few weeks and we resolved to sort all this out.

I am flying to New Zealand at Christmas (the next time I can get enough time off work - three weeks), and we are getting married. There will probably be about 70 people in attendance. Our plan then is for me to fly back to the UK and then we will apply. I am aware that it takes 12 weeks max to get a decision. Our intention is that she will stay there so she can carry on working in the meantime, as opposed to sitting over here twiddling her thumbs for three months. My friend told me yesterday he thought that may not be a good idea. If it is accepted, she will quit her job immediately and then fly over here and start looking for one in London.

As I understand it there are two criteria to fulfill.

Financially: we will live together in a flat I own in London, which has a pretty small mortgage left on it/plenty of equity in it. I have been in my job for almost eight years and am pleased to say that I earn over the £18,000 requirement (!). She has some student loans, but has a degree and works in marketing. She is currently on £49k a year (in UK money) working for XXXXX on a contact in Auckland. She also managed to get full-time contracted employment (in marketing) when she was living in London, despite being on a two-year visa.

On the relationship front: we have 'evidence' that we have been on various foreign holidays together (Cuba, Italy), and our wedding has the full blessing of both of our families (as in parents, neither of us has any children). However, we haven't seen much of each other for the past year! We also have various WhatsApp messages and other comms.

If anyone has any general advice/idea of whether this is likely to be a successful application/idea as to whether she would be best to stay in NZ or come to London for the three months after we get married, it would be massively appreciated.

I am new to these boards, so if I have misunderstood anything/posted in the wrong place, etc, I apologise.

Thanks very much!

[Casa]

Once the spouse visa application is submitted in your fiancee's home country she will be unable to travel as her passport will be held by the Home Office while the decision is pending.

The minimum income level is £18,600, not £18,000.

The current processing time for a Spouse Settlement visa application submitted in Auckland is that 92% are decided in 60 days.
https://visa-processingtimes.homeoffice ... settlement

[CR001]

She cannot apply for a spouse visa within the UK if she is here as a visitor. She also cannot travel after her applicationis submitted as she has to submit her passport. So ignore the issue of 'come to London for 3 months while waiting'.

YOU need to show evidence of YOUR income, minimum of £18,600pa. You have to submit 6 months payslips and corresponding bank statements. At the time of applying, the most recent bank statement and payslip cannot be older than 28 days. Her income or student loans are irrelevant to the application and won't be considered at all.

You need to provide evidence of subsisting relationship, i.e. evidence of holidays, communication etc.

You need to prove you can adequately accommodate yourselves, which appears not to be an issue.

No one can tell you with any certainty whether it will be successful or not, but as long as all the documents are correct, she should not have an issue.

Also you should note that the visa she will be issued is only valid for 30 days and she must enter the UK within the 30 days and collect her visa card at the Post Office (you nominate this) within 10 days of arriving in the UK.

[Bristolhomer]

Thanks so much for your quick responses - this is obviously a bit of a big deal so much appreciated!

Re the three months - great news; she would rather be working so that's that sorted.

The finance and accommodation - not an issue and I can get the paperwork together (my mortgage is under 90K and the flat is obviously worth more than that!). I am still good to go, even at the 18,600 mark!

Re evidence, I read on the government site that they don't want to see photos. Is this correct? We obviously have those. I will also have the e-mail confirmation from when we booked our flights to Cuba/Italy in my Hotmail somewhere. Plus she will have one for the flight she bought to come to London in June/July. We generally speak twice a day, every day, though annoyingly WhatsApp doesn't appear to be able to produce a phone bill/record. The olny worry for me is that we haven't seen each much for a year.

Re the 30 day thing, that sounds problematic, as she will need to give her work a month's notice to leave!

Re your general positive note - thanks v much, that is good to hear.

[CR001]

Holiday stuff is fine, even a couple of pics. Include pics of wedding.

Whatsapp you need to do screen shots of conversations and the same for FB messenger etc.

She can ask the visa to be postdated for a specific date. UKVI don't always oblige though but should be recified if their error free of charge. Make sure you keep copies of EVERYTHING you send, i.e. application forms. If she cannot travel within the 30 days, she will have to apply for a new 30 days visa vignette costing £168.

Don't forget to pay the Immigration Health Surcharge of £600,whcih is separate to the £1464 visa fee.

[secret.simon]

Does your Kiwi fiancé have a British born grandparent by any chance?

[Bristolhomer]

Hi, her ancestry is mainly Irish with some Scottish. However, although her aunty had the foresight to give her cousins Irish passports, she has a Kiwi one unfortunately. However, in the alternative universe where she has an Irish one, I guess we never meet each other (bizarrely, as I was typing this, Earth Angel, which features in Back to the Future, came on randomly on my laptop as I was listening to music on YouTube!).

[CR001]

How far back does her Scottish ancestry go (grandparent or further back)?

[Bristolhomer]

No, it's further back than that sadly!

[Bristolhomer]

Hi, thanks again for all of your help. Just to clarify, this info all relates to a visa for her to be able to work right?

My friend is talking to me and distinguishing between a 'working' visa (which we want). He is saying that a 'spouse' visa would not give her the right to work.

Thanks again!

[Bristolhomer]

Sorry, I just Googled, I think this has answered it:

You can apply for this visa if you are married to a British citizen or a person who has settlement status in the UK (i.e. a person who holds Indefinite Leave to Remain [ILR] or right of abode). The visa, which is initially issued for a two and a half year period, allows you to work without restriction in the UK.

[Casa]

Sorry, I just Googled, I think this has answered it:

You can apply for this visa if you are married to a British citizen or a person who has settlement status in the UK (i.e. a person who holds Indefinite Leave to Remain [ILR] or right of abode). The visa, which is initially issued for a two and a half year period, allows you to work without restriction in the UK.

Correct. There are no work restrictions for a holder of a Spouse Settlement visa. Isn't Google wonderful!