Spouse Visa Clarification - Wooly advice from solicitor

[jonesg89]

Hi and thanks in advance for reading post,

I have taken advice from a solicitor, read the frequently asked questions and searched the forums but I'm still a little unsure on the following and was hoping someone could give me some clarification.

I was advised not to apply as an unmarried partner as I would find it difficult to evidence I lived with my girlfriend for 2 years as I didn't keep copies of rental contracts etc. (I was working in Thailand for 2 years where I met my girlfriend).

I was told I would stand a better chance applying for my girlfriend as a fiance which seems to make sense. However, can I just clarify there is indeed an additional cost when applying for further leave to remain and also at which stage would I have to pay the health care surcharge? When applying for the fiance visa or for the visa to remain with family after the 6 month fiance visa has ended?

I received a letter today from the solicitor stating the surcharge would be when applying for further leave to remain, however, I read a post on this forum which stated it was the other way round so I'm getting a little confused.

Any further clarification on this process would be greatly appreciated as I'm finding it all a little overwhelming.

Thank you

[Casa]

Hi and thanks in advance for reading post,

I have taken advice from a solicitor, read the frequently asked questions and searched the forums but I'm still a little unsure on the following and was hoping someone could give me some clarification.

I was advised not to apply as an unmarried partner as I would find it difficult to evidence I lived with my girlfriend for 2 years as I didn't keep copies of rental contracts etc. (I was working in Thailand for 2 years where I met my girlfriend).

I was told I would stand a better chance applying for my girlfriend as a fiance which seems to make sense. However, can I just clarify there is indeed an additional cost when applying for further leave to remain and also at which stage would I have to pay the health care surcharge? When applying for the fiance visa or for the visa to remain with family after the 6 month fiance visa has ended?

I received a letter today from the solicitor stating the surcharge would be when applying for further leave to remain, however, I read a post on this forum which stated it was the other way round so I'm getting a little confused.

Any further clarification on this process would be greatly appreciated as I'm finding it all a little overwhelming.

Thank you

The solicitor is correct. The fiance visa fee is £956. After the wedding (and within 6 months of entry) your wife would apply for a 2,5 year extension on form FLR(M). The postal application fee is £649. Before submitting the application this is the stage where the NHS payment of £500 must be made online.
If you choose to submit the FLR(M) application in person at a Premium Service Centre the fee would be £1049 + the NHS surcharge.

[CR001]

There is no surcharge payable for the fiance visa as it is only valid for 6 months and you have to get married within the 6 months validity of the visa.

Once married and before the fiance visa expires, she applies for the spouse visa on FLR(M) and yes, pays another visa cost and the health surcharge of £500. Visa will be for 2.5 years after which, before that visa expires, she applies for an extension on FLR(M), again paying the visa fee and the health surcharge. This visa will also be for 2.5 years.

However, once she has almost 5 years residence (combination of all three visas) she can apply for indefinite leave to remain (permanent residency), paying the application fee. No health surcharge is payable for indefinite leave to remain.

Once she has indefinite leave to remain, she can immediately apply for British citizenship as the spouse of a British citizen.

Your legal advice is correct regarding the unmarried partner visa, you/she would need to submit substantial evidence of cohabitation for at least 2 years to qualify.

EDIT : beaten by Casa (this time )

[Casa]

Gotcha Char!

As the sponsor, can you show minimum earnings for the last 6 months of £18.600 per annum? Also bear in mind that the A1 level pre-entry English list for approved tests and test providers has been revised.

[jonesg89]

Thank you all so much for your replies.

I feel much more confident now and will start the application process ASAP. I haven't seen my son for 6 months ; (

I can confirm I meet the financial requirement so this shouldn't be a problem and my girlfriend should have no problems with the English test.

Would it be wise to submit evidence that there wouldn't be overcrowding at my residence and would it be a problem that I'm living with my mother at the moment?

I've seen posts from people who are living with their parents and have been granted the visa but the wording of the eligibility requirements states something along the lines of "accommodation owned or which they occupy exclusively"

[vinny]

Would it be wise to submit evidence that there wouldn't be overcrowding at my residence and would it be a problem that I'm living with my mother at the moment?

I've seen posts from people who are living with their parents and have been granted the visa but the wording of the eligibility requirements states something along the lines of "accommodation owned or which they occupy exclusively"

"which they occupy exclusively" is acceptable.

[jonesg89]

Thank you Vinny - that's brilliant

[Casa]

You will need confirmation in writing from your mother that you, your fiancee and your child can live in the property. You'll also have to submit either a copy of the mortgage agreement or if the property is owned outright, a copy of the deeds. If your mother's home is rented, you will need a letter from the landlord agreeing to you living there.
What passport does your son have?