Currently on Youth Mobility but want to switch to Family Visa

[Campbellcameron]

I am a Canadian currently living and working in the UK with my fiance on a Tier 5 Youth Mobility Visa. My visa is due to expire on July 22, 2018. Our Wedding is planned for July 2019 in Canada, after which we plan to live in the UK for the foreseeable future. Between July 22, 2018 (date of visa expiry) and July 2019 we want to have the ability to continue to do some work in the UK in order to save up some money for 6 months of travelling. Which is why I am going to apply for the Spouse Visa. Unfortunately we haven't been living together for 2 years consecutively so we have been advised to officially get married now at the registers office (we are calling it our paperwork marriage). So we will be legally married prior to the application. I want to know our options so I have the following questions and would be grateful for any and all advice:

1. If I submit my application on July 21st will I be able to continue to live and work in the UK while the home office is making a decision on my Family visa application?

2. If I choose to pay the premium to apply in person and get the visa on the same day, is this acceptable to do on July 21st, the day before my other visa expires? Should I expect any complications with this?

3. If we choose to not apply for my family visa before my current one expires and decide to apply for it after we get married in Canada in July 2019 I have the following questions:
a. If we have enough funds in our bank to meet the requirement does my wife need to be living and working in the UK before I apply? I read somewhere that she needs proof of pay slips for 6 months for a salary of at least £18,600 (or if I had a job in the UK already it could be our combined total).
b. If my wife does need to be in the UK working for 6 months prior to my application can I then live with her on a tourist visa or other temporary visa, understanding that I can't work.
c. We just want to know what my visa options are if we both are moving back to the UK at the same time, we don't want to have to live in different countries for 6 months? I understand that if I can find employment then I can get a work sponsorship, but I can't rely on this and my current employer does not offer this.

[Casa]

I am a Canadian currently living and working in the UK with my fiance on a Tier 5 Youth Mobility Visa. My visa is due to expire on July 22, 2018. Our Wedding is planned for July 2019 in Canada, after which we plan to live in the UK for the foreseeable future. Between July 22, 2018 (date of visa expiry) and July 2019 we want to have the ability to continue to do some work in the UK in order to save up some money for 6 months of travelling. Which is why I am going to apply for the Spouse Visa. Unfortunately we haven't been living together for 2 years consecutively so we have been advised to officially get married now at the registers office (we are calling it our paperwork marriage). So we will be legally married prior to the application. I want to know our options so I have the following questions and would be grateful for any and all advice:

1. If I submit my application on July 21st will I be able to continue to live and work in the UK while the home office is making a decision on my Family visa application? Yes

2. If I choose to pay the premium to apply in person and get the visa on the same day, is this acceptable to do on July 21st, the day before my other visa expires? Yes Should I expect any complications with this? No, providing you submit all the required evidence

3. If we choose to not apply for my family visa before my current one expires and decide to apply for it after we get married in Canada in July 2019 I have the following questions:
a. If we have enough funds in our bank to meet the requirement does my wife need to be living and working in the UK before I apply? I read somewhere that she needs proof of pay slips for 6 months for a salary of at least £18,600 (or if I had a job in the UK already it could be our combined total). Without earnings, £62,500 in savings held in an accessible account for a minimum of 6 months.
b. If my wife does need to be in the UK working for 6 months prior to my application can I then live with her on a tourist visa or other temporary visa, understanding that I can't work. It depends on whether the IO at UK Border Control believes you are a genuine visitor. With your wife living in the UK you may be considered as an 'overstaying' risk. Even more so as your Tier 5 visa will have recently expired.
c. We just want to know what my visa options are if we both are moving back to the UK at the same time, we don't want to have to live in different countries for 6 months? I understand that if I can find employment then I can get a work sponsorship, but I can't rely on this and my current employer does not offer this. Simpler if you marry in the UK before your current visa expires and switch to a FLR(M) Spouse visa before leaving the UK, assuming your fiancee is able to meet the minimum income level of £18,600 pro rata for the 6 month period. You will however, have to give notice to marry with a Home Office designated Registry Office. The notification period can be extended by the Home Office from 28 to 70 days before the wedding can go ahead.

[Campbellcameron]

Thank you Casa, that is very helpful

[Casa]

If you decide to marry in the UK, bear in mind that in order to travel for your Canadian wedding taking place in July, you should apply in person at a PSC as FLR(M) postal applications can take up to 3 months to process.

Also, your Canadian wedding can only be a 'blessing' ceremony (or the equivalent) as you will already be legally married.

[Campbellcameron]

Hi Casa,

Thank you for the additional information. We have already given our notice to marry and the Home Office chose not to investigate so it will only be the 28 days.

You mentioned that the FLR (M) could take up to 3 months, can you confirm this please. I will be applying within the UK/online so I understand it should only take 8 weeks. Is there a chance it takes more? On the gov.uk website it states the following:
'How long it takes
A decision will usually be made:

within 12 weeks if you apply outside the UK
within 8 weeks if you apply in the UK either online or by post
on the same day if you apply in the UK in person using the premium service'

[Casa]

Hi Casa,

Thank you for the additional information. We have already given our notice to marry and the Home Office chose not to investigate so it will only be the 28 days.

You mentioned that the FLR (M) could take up to 3 months, can you confirm this please. I will be applying within the UK/online so I understand it should only take 8 weeks. Is there a chance it takes more? On the gov.uk website it states the following:
'How long it takes
A decision will usually be made:

within 12 weeks if you apply outside the UK
within 8 weeks if you apply in the UK either online or by post
on the same day if you apply in the UK in person using the premium service'

8 weeks is by no means guaranteed. Check out the FLR(M) Timeline thread for an idea of postal processing times.
immigration-for-family-members/new-flr- ... l#p1606163

[Campbellcameron]

Hi Casa,

Thank you for being very helpful. I have a further question:

If my fiance and I decide to go live in Canada or somewhere other than the UK for a year or two and decide to come back to the UK to live and work and my only option is a spousal/family visa, does my fiance need to come back to the UK first by herself, work for 6 months in order to come up with 6 months of payslips to prove we meet the minimum salary requirements and then I can apply for the visa?

We won't have the £62,000 (or whatever it is) of savings to rely on in the situation where we don't prove our income.

Is there a way of doing this visa so we don't have to spend any long length of time apart? Can we both move back the UK (me being on a tourist visa), she starts work and then right after her first payslip can I apply for the family visa? Or do I have to wait the 6 months? Can I stay in the UK for the 6 months on the fiance visa and not work and then apply for the family visa?

Your assistance is always appreciated.

Cheers,

Campbell

[Casa]

Hi Casa,

Thank you for being very helpful. I have a further question:

If my fiance and I decide to go live in Canada or somewhere other than the UK for a year or two and decide to come back to the UK to live and work and my only option is a spousal/family visa, does my fiance need to come back to the UK first by herself, work for 6 months in order to come up with 6 months of payslips to prove we meet the minimum salary requirements and then I can apply for the visa? Yes, unless she can submit evidence of 12 months employment outside of the UK earning the equivalent of £18,600 p.a AND have a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 minimum income level.


We won't have the £62,000 (or whatever it is) of savings to rely on in the situation where we don't prove our income.

Is there a way of doing this visa so we don't have to spend any long length of time apart? See above.

Can we both move back the UK (me being on a tourist visa), she starts work and then right after her first payslip can I apply for the family visa? You won't be able to apply for a Spouse Settlement visa from within the UK while here as a visitor.


Your assistance is always appreciated.
Or do I have to wait the 6 months? Can I stay in the UK for the 6 months on the fiance visa and not work and then apply for the family visa? Yes after marrying, but in order to succeed with a fiance visa your fiancee would have to meet the minimum income level before submitting a fiance visa application.

Cheers,

Campbell

What happened to your wedding plans

[Campbellcameron]

thanks Casa,

A couple more clarification questions but maybe some more background would help. We have agreed that our relationship isn't ready to take that big step into marriage (its much more complicated than that but no need to get into the details), so we are thinking of postponing the marriage and instead going to give two years in Canada a try. So when my youth mobility visa expires we will leave the UK and I will be without a UK visa for a couple years. So we want to know our options for coming back into the UK if we choose to do so in a couple years time, who knows we might be married by then. Regardless we will have met the 'living together for 2 years requirement'. Just unsure about the financial requirements. So I have the following follow up questions:

1. If we do get married prior to coming back to the UK, is there another visa similar to the 6 month fiance visa that I can get while my wife obtains her 6 months of payslips? (assuming that she doesn't have 12 months of payslips from a job in Canada)

2. Basically we want to know what is the best route to take if we are both coming back to the UK jobless and don't want to spend anytime apart from each other? We will have some savings (max, £40,000 combined)

3. If my parents are able to 'gift us' £22,000 to add to my Canadian bank account to make up the combined savings amount, is that acceptable that we claim it as a wedding gift or something? Do we need to have this in my bank account 6 months prior to applying? Do you think there is a length of time we have to have it in my bank account after the application is successful before 'gifting' it back to my parents?

Cheers,

Campbell

[Casa]

thanks Casa,

A couple more clarification questions but maybe some more background would help. We have agreed that our relationship isn't ready to take that big step into marriage (its much more complicated than that but no need to get into the details), so we are thinking of postponing the marriage and instead going to give two years in Canada a try. So when my youth mobility visa expires we will leave the UK and I will be without a UK visa for a couple years. So we want to know our options for coming back into the UK if we choose to do so in a couple years time, who knows we might be married by then. Regardless we will have met the 'living together for 2 years requirement'. Just unsure about the financial requirements. So I have the following follow up questions:

1. If we do get married prior to coming back to the UK, is there another visa similar to the 6 month fiance visa that I can get while my wife obtains her 6 months of payslips? (assuming that she doesn't have 12 months of payslips from a job in Canada) No apart from visitor. However, you're unlikely to be allowed to enter as a visitor if you have a wife living in the UK, especially if your intention is to stay for the full 6 months. In any event, you won't be able to apply for a spouse visa from within the UK.

2. Basically we want to know what is the best route to take if we are both coming back to the UK jobless and don't want to spend anytime apart from each other? We will have some savings (max, £40,000 combined) We're back to your wife working in the UK for 6 months, before you can apply for a spouse visa to join her. £40,000 in savings won't be sufficient under the current rules.

3. If my parents are able to 'gift us' £22,000 to add to my Canadian bank account to make up the combined savings amount, is that acceptable that we claim it as a wedding gift or something? Do we need to have this in my bank account 6 months prior to applying? Do you think there is a length of time we have to have it in my bank account after the application is successful before 'gifting' it back to my parents? 6 months minimum in an accessible account. You will also have to show documented source of the funds. I can't comment on your last question.

Cheers,

Campbell