Unmarried or fiancee visa?

u756884 · Post by **u756884** » Mon Sep 19, 2011 12:16 am

After reading through everything I am still confused and hoping someone can give me some advice.
I am British and my partner is South African, we have been together almost four years and lived in Spain for most of that. In 2009 we left Spain when I found out I was pregnant. I went back and forward to South Africa during pregnancy untill he went back to Spain few months later. He wasnt able to be with me for birth and didnt see his son till he was 6weeks old when I was fit enough to join him in Spain, whilst in Spain he applied for visa to come home with me and it was refused so again we have been back and forward to South Africa till we finally got visitors visa in Jun.

This visa expires in dec and we are now deciding whether to apply for unmarried partner visa or fiancee visa. We do plan on getting married but will prob need longer than 6 months to save for this as he hasnt been able to work on visitors visa and have spent a fortune flying back and forward to South Africa every second month. We also dont have anything in joint names as when we lived together in Spain I still worked for a British company so kept British accounts and tennancy agreement was only in my name. We do have photographic evidence for past 4 years and probably a South African stamp on every page of my passport to show Ive been back and forward every second month or so, our childs birth certificate and letters from friends etc but is this enough proof?

The other thing is the proof of sufficent funds, my father sponsored my partner as he wasnt able to work however I do recieve working tax credit as I am the only one earning at the moment. Will this go against me? My father will sponsor him again and obviously if he is granted a visa that allows him to work I will not have to claim anything. Any help appreciated as I am unsure what to do for best.
Thanks

Post by **John** » Mon Sep 19, 2011 7:51 am

The way you have wording the comment about Working Tax Credit has confused me. Please confirm, where is your partner now? And if in the UK, his current UK immigration status?

Also, you are surely also getting Child Tax Credit and Child Benefit?

u756884 · Post by **u756884** » Mon Sep 19, 2011 8:42 am

Hi
Yes I am receiving working tax credit and child tax credit for myself and child. I have worked for same company for 14 years but since having baby have had to go part time. My partner has been in Uk on a 6 month visitor visa since jul and my father is sponsoring and funding his stay. Hope this makes sense.

Post by **John** » Mon Sep 19, 2011 9:48 am

OK, I understand, and confirm, for the record, that while he is still on a visitor visa the the Tax Credits claim should be in your sole name. But as and when he returns to the UK on a UPV or fiancÃ© or spouse visa, and the two of you start living together in the UK, the Tax Credits claim must be put into joint names.

A fiance visa is, specifically, to enable the marriage to get married in the UK within the 6-month validity of that visa. If the marriage is not going to take place in that period, then don't apply for that type of visa?

A UPV? As long as the two of you have lived together for at least 2 years .... and can prove it .... that is the visa to apply for.

But as regards a wedding, it does not need to be an elaborate or expensive affair. That is, it need not be delayed past the 6-month point.

How about a South African wedding, followed by an application for a spouse visa?

u756884 · Post by **u756884** » Mon Sep 19, 2011 4:38 pm

Thanks John, yes that's probably an option. As for the working tax, there will be no need for it when he is able to work. I just found it strange that he can work on an unmarried partner visa and not on the fiancee visa. I would have thought it be other way about. As I said before the only thing that concerns us is fact we have nothing with both names as proof of us living together. He is unable to open bank account etc whilst on visitors visa. Our lawyer also mentioned the fact we have a child together there could be another option, something that was introduced in may this year that gives the parent right to remain? Is this the case? Thanks again

Post by **John** » Mon Sep 19, 2011 4:53 pm

As I said before the only thing that concerns us is fact we have nothing with both names as proof of us living together

No but, are there documents that prove you were living at the same address at the same time?

The child? The child does not prove you were living together!

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Unmarried or fiancee visa?

Unmarried or fiancee visa?