Best option?

[sprinter100]

Hi,

I am English and my girlfriend of two years is Mexican. I have been to Mexico and she has twice been to the UK living with me for a total of five months. We are very much in love and wish to marry and i do earn over £18600 per annum.

However which is the best route for marriage? I am i right in thinking she could come here under a permission to marry visa (from memory about £50) she could stay six months (not work) while we marry before returning to Mexico. From that point which visa would we apply for and would i need to be earning over £18600 for the whole of the 5 year period before she is allowed to stay indefinitely?

We had talked about marrying in Mexico but flights, hotels etc make it much more cost effective to marry here.

Any advice would be appreciated more than you can imagine.

David

[CR001]

https://www.gov.uk/join-family-in-uk/overview
Link above is what you need.

The steps involved would be as follows :

1. Apply for a Fiance visa (no work permitted on this visa) valid for 6 months.
2. Once married, apply for a spouse visa in the UK on form FLR(M) (no need to return to Mexico for this app). You will need to meet the financial requirement of £18,600pa and she will need to meet English Level A1 (might be needed for Fiance visa too). Initial spouse visa (FLR(M)) will be granted for 2.5 years. She will be permitted to work on this visa. https://www.gov.uk/remain-in-uk-family/overview
3. Shortly before her spouse visa expires, she applies for an extension on FLR(M) again for a further 2.5 years, meeting both the English and financial requirement again.
4. No sooner than 28 days before the expiry of this second visa, she can apply for indefinite leave to remain (ILR), either in person or postal. English Level B1 and Life in the UK test will be needed for this step and you will need to meet the financial requirement again. Joint incomes can be used.
5. Once she has been granted ILR, she can apply for British Citizenship immediately as the spouse of a British Citizen.

There is a fee involved for each step, which increases annually in April.

All of the above is based on the rules as they stand at the present time.

permission to marry visa

This is a marriage visa. She won't be able to switch in country to the spouse visa and would have to return to Mexico to make her application there. Even though the fiance visa is more expensive, when you take costs of back and forth travel into account, it is all relative.

[sprinter100]

Hi,

Thank-you so much. I will discuss it with my girlfriend in the next couple of weeks and post on here again if there are anymore questions. Really thankful for your reply as i think the more i have read the more confused i have become My concern was that if she came in on a Fiance visa and we married she would have to return to Mexico before applying for the Spouse visa. So the route you suggest would appear to be the best for us.

One more question would you advise seeking a solicitor or going it alone with the paperwork, applications?

Appreciated.

David

[CR001]

If you have all the documents required etc, I see no reason for a solicitor however it is your choice although not a guarantee.

Applications within the UK are not difficult and free advice available here on the forum, but again it is your choice.

[sprinter100]

Hi,

Just a couple of other things if you or someone would be so kind to help. The A1 english test can definitely be taken after we marry in England and is not necessary when she makes the initial visa application in Mexico? We have lived together during our twenty month relationship and can prove flights, accommodation, presents etc. So there is no requirement to be in a relationship of over two years to make the initial visa application?

I feel some light at the end of the tunnel.

Best Wishes,

David

[CR001]

She will need to do the English A1 test to apply for her visa, see link below

https://www.gov.uk/join-family-in-uk/kn ... of-english

As you are applying for a fiance visa, the condition is that you have met (so your docs should be good plus emails or skype or whatsapp etc) and see link below :

https://www.gov.uk/join-family-in-uk/eligibility and https://www.gov.uk/join-family-in-uk/do ... to-provide for documents.

[sprinter100]

I looked at all three links you sent and the first one sounds great just mentioning proof of relationship. But when i look at the second one it is very ambiguous saying about two year relationship or engagement. Although i have proposed we have only been together twenty months and have had no official engagement. I would rather her apply in the next six week after taking the A1 test but i am wary of blowing £1000 for not waiting another four months?

Thanks

[Casa]

CR001 is correct. You're confusing the fiance visa with the Unmarried Partner visa, where the requirement is 2 years co-habitation.
You don't need this.