advice about marriage visa and ILR visa and council housing

[BabyBird]

hello

I live in the uk. I have a council flat, i live on my own. my tenancy allows for a maximum of two people.

my boyfriend lives in the usa.

we plan for him to come over to the uk on a marriage visa, then after we are married he will then apply for an ILR visa

I have been reading about all the requirments i will need to meet finanically in order to support and sponsor him. i need to be earning atleast 18,600 a year gross as this will proove that i will not need to rely on public funds to support him.

but here is my question,

ive been reading several websites and i read that something on one website which said the following

----that because i have a council flat which he will be living in with me. That me having the council flat will be considered ''public funds'' which therefore would mean that i cannot meet the requirments to sponsor/support him------

can someone tell me if this is correct? i dont see how it can be correct. I pay the rent and i have had the flat for the last 2 years.

please can someone shed some light on this for me asap please as it is worrying me.

thank you

p.s. will the council allow me to put him on the tenancy agreement once we are married and he has been granted an ILR ?

[BabyBird]

also i forgot to ask

is it him that needs to apply for the initial marriage visa in order to come here to marry? or do i apply for it on his behalf?

where in the usa would he have to go to apply for it? the british embassy in his nearest state?

and lastly, when it comes to prooving that me (his sponsor) meets the financial requirments, will he have to be the one to supply all the evidence and paperwork? or will i have to provide that part myself?

i would really appreciate it if anyone can help with any or all of my queries. thank you

[Casa]

I'll answer your opening post and leave the second one for others.
Firstly, you appear to misunderstand the timescale for ILR, You mention a 'marriage visa'. Unless you husband intends to return to the US after the wedding to apply for his spouse visa, he will have to apply for a fiance visa (not the much cheaper marriage visit visa).
The fiance visa will grant him an initial 6 months in which to enter and marry.
After the wedding (and within the 6 month period) he will have to apply to switch to a spouse visa from within the UK on form FLR(M).
He will then be issued with a 2.5 year limited leave to remain visa.
At the end of this 2.5 year period he will have to apply for another 2.5 year FLR(M) extension meeting all the same conditions, income etc again.
Finally after a total of 5 years in the UK he will be able to submit an application for Indefinite Leave to Remain (ILR).
Until he is granted ILR he won't be able to access Public funds.

Regarding Council housing, you can't be awarded a Council house as a couple but he can join you in your current home. You will however, have to submit a letter from the Council as your landlords, agreeing to him living in the accommodation.
If you are receiving any Housing Benefit or Council tax reduction you must notify the Council of your change in circumstances and that your husband has no recourse to Public funds.

Visa fees:
Fiance visa = £1195.00
FLR(M) spouse visa = £811 (postal) or £1311 for a premium application in person submitted at a PSC. (Postal applications take around 3 months to process, a premium in-person appointment the visa is generally issued on the day). Your husband won't be able to work legally until the visa has been issued.
Each time your husband applies for his 2.5 year FLR(M) visa he will have to pay the £500 NHS surcharge in addition to the visa fee.
Indefinite Leave is currrently £1875 postal or £2375 if applied for in person, but fees are likely to increase over the 5 year period.

[Petaltop]

The fiance visa will grant him an initial 6 months in which to enter and marry.

While on the fiance visa, he is not allowed to work and he must pay "at pont of service" if he uses the NHS. If he doesn't have insurance to pay the NHS then they will add 50% to the bill.

When he is on a spouse visa, he can work and get free use of the NHS as he will have paid the Immigration Health Surcharge.

Some find it easier to marry in the US, then apply to enter on the spouse visa, meanung that you won't have to pay the fiance visa fee.

[Petaltop]

is it him that needs to apply for the initial marriage visa in order to come here to marry? or do i apply for it on his behalf?

As said, the Marraige visa (cheaper visa) is for those that marry in the UK and then go home. If you want to marry in the UK and then he remains with you and applies from within the UK for his next visa, then he applies for the Fiance visa.
He is the one applying for the fiance visa and you are his sponsror.

where in the usa would he have to go to apply for it? the british embassy in his nearest state?

and lastly, when it comes to prooving that me (his sponsor) meets the financial requirments, will he have to be the one to supply all the evidence and paperwork? or will i have to provide that part myself?

He fills in the online forms and then prints them off and sends his Fiance application (if that is the one you want), together with all the evidience you need to provide as his sponsor that you have sent him, to Sheffield, England

Make sure you both read this well and then choose the catagory that you will sponsor him under.
https://www.gov.uk/join-family-in-uk/overview

There is a site for US citizens wanting to live in the UK with their partner and he might like to look on there for more support, the best way to send the documents etc. They will even help out by checking his document details before he sends it, to make sure he hasn't missed something out.
http://talk.uk-yankee.com/index.php?PHP ... board=17.0

[Petaltop]

While on the fiance visa, he is not allowed to work and he must pay "at pont of service" if he uses the NHS. If he doesn't have insurance to pay the NHS then they will add 50% to the bill.

Typo. I meant point of service.

The fiance visa is for 6 months and fits into this below. The same with the Marraige visa (where he marries in the UK and then goes back home) it's a 6 month visa.




Visitor visas and short-term visas

You don’t have to pay the healthcare surcharge if you’re applying from outside the UK for a visitor visa or [b]any visa that lasts 6 months or less.[/b]

You don’t need to use the healthcare surcharge service or get an IHS reference number for your visa application. Instead, you’ll have to pay for any healthcare you get through the NHS at the point you use it.


https://www.gov.uk/healthcare-immigrati ... n/overview

[Casa]

The fiance visa will grant him an initial 6 months in which to enter and marry.

While on the fiance visa, he is not allowed to work and he must pay "at pont of service" if he uses the NHS. If he doesn't have insurance to pay the NHS then they will add 50% to the bill.

When he is on a spouse visa, he can work and get free use of the NHS as he will have paid the Immigration Health Surcharge.

Some find it easier to marry in the US, then apply to enter on the spouse visa, meanung that you won't have to pay the fiance visa fee.

Wise to weigh up the cost of return flights + comparison of wedding expense in the US against fiance visa fee/UK ceremony.

[BabyBird]

I'll answer your opening post and leave the second one for others.
Firstly, you appear to misunderstand the timescale for ILR, You mention a 'marriage visa'. Unless you husband intends to return to the US after the wedding to apply for his spouse visa, he will have to apply for a fiance visa (not the much cheaper marriage visit visa).
The fiance visa will grant him an initial 6 months in which to enter and marry.
After the wedding (and within the 6 month period) he will have to apply to switch to a spouse visa from within the UK on form FLR(M).
He will then be issued with a 2.5 year limited leave to remain visa.
At the end of this 2.5 year period he will have to apply for another 2.5 year FLR(M) extension meeting all the same conditions, income etc again.
Finally after a total of 5 years in the UK he will be able to submit an application for Indefinite Leave to Remain (ILR).
Until he is granted ILR he won't be able to access Public funds.

Regarding Council housing, you can't be awarded a Council house as a couple but he can join you in your current home. You will however, have to submit a letter from the Council as your landlords, agreeing to him living in the accommodation.
If you are receiving any Housing Benefit or Council tax reduction you must notify the Council of your change in circumstances and that your husband has no recourse to Public funds.

Visa fees:
Fiance visa = £1195.00
FLR(M) spouse visa = £811 (postal) or £1311 for a premium application in person submitted at a PSC. (Postal applications take around 3 months to process, a premium in-person appointment the visa is generally issued on the day). Your husband won't be able to work legally until the visa has been issued.
Each time your husband applies for his 2.5 year FLR(M) visa he will have to pay the £500 NHS surcharge in addition to the visa fee.
Indefinite Leave is currrently £1875 postal or £2375 if applied for in person, but fees are likely to increase over the 5 year period.

stil confused slightly

- so he has to apply for a fiance visa in the u.s.a
- then he can come here on the fiance visa and we have to get married within 6 mnths
- then after we are married (hes still in uk) he then applies for a ILR from within the uk, which is granted for 2.5 yrs
- then after the 2.5 years he applies for a 2nd ILR which will also be for 2.5
- then after that 2.5 he will be a citizen

is that the correct order ?

[CR001]

stil confused slightly

- so he has to apply for a fiance visa in the u.s.a
- then he can come here on the fiance visa and we have to get married within 6 mnths Yes
- then after we are married (hes still in uk) he then applies for a ILR from within the uk, which is granted for 2.5 yrs Yes, but FLR(M) not ILR
- then after the 2.5 years he applies for a 2nd ILR which will also be for 2.5 Yes, but FLR(M) not ILR
- then after that 2.5 he will be a citizen No. After the 2 x 2.5 year FLR(M) spouse visas, he then has to apply for ILR (indefinite leave to remain). Once he has that, only then can he APPLY for British citizenship on form AN.

is that the correct order ?

[Casa]

I'll answer your opening post and leave the second one for others.
Firstly, you appear to misunderstand the timescale for ILR, You mention a 'marriage visa'. Unless you husband intends to return to the US after the wedding to apply for his spouse visa, he will have to apply for a fiance visa (not the much cheaper marriage visit visa).
The fiance visa will grant him an initial 6 months in which to enter and marry.
After the wedding (and within the 6 month period) he will have to apply to switch to a spouse visa from within the UK on form FLR(M).
He will then be issued with a 2.5 year limited leave to remain visa.
At the end of this 2.5 year period he will have to apply for another 2.5 year FLR(M) extension meeting all the same conditions, income etc again.
Finally after a total of 5 years in the UK he will be able to submit an application for Indefinite Leave to Remain (ILR).
Until he is granted ILR he won't be able to access Public funds.

Regarding Council housing, you can't be awarded a Council house as a couple but he can join you in your current home. You will however, have to submit a letter from the Council as your landlords, agreeing to him living in the accommodation.
If you are receiving any Housing Benefit or Council tax reduction you must notify the Council of your change in circumstances and that your husband has no recourse to Public funds.

Visa fees:
Fiance visa = £1195.00
FLR(M) spouse visa = £811 (postal) or £1311 for a premium application in person submitted at a PSC. (Postal applications take around 3 months to process, a premium in-person appointment the visa is generally issued on the day). Your husband won't be able to work legally until the visa has been issued.
Each time your husband applies for his 2.5 year FLR(M) visa he will have to pay the £500 NHS surcharge in addition to the visa fee.
Indefinite Leave is currrently £1875 postal or £2375 if applied for in person, but fees are likely to increase over the 5 year period.

stil confused slightly

- so he has to apply for a fiance visa in the u.s.a Yes
- then he can come here on the fiance visa and we have to get married within 6 mnths Yes
- then after we are married (hes still in uk) he then applies for a ILR from within the uk, which is granted for 2.5 yrs No. FLR(M). He will only be able to apply for ILR after completing 5 years.
- then after the 2.5 years he applies for a 2nd ILR which will also be for 2.5 Not iLR - FLR(M)
- then after that 2.5 he will be a citizen No. British citizenship is a completely different application. and not granted automatically. He need to apply for and be granted ILR first - SET(M) application

is that the correct order ?

Can you confirm that you have met in person?


Edit: Beaten by CR001

[BabyBird]

I'll answer your opening post and leave the second one for others.
Firstly, you appear to misunderstand the timescale for ILR, You mention a 'marriage visa'. Unless you husband intends to return to the US after the wedding to apply for his spouse visa, he will have to apply for a fiance visa (not the much cheaper marriage visit visa).
The fiance visa will grant him an initial 6 months in which to enter and marry.
After the wedding (and within the 6 month period) he will have to apply to switch to a spouse visa from within the UK on form FLR(M).
He will then be issued with a 2.5 year limited leave to remain visa.
At the end of this 2.5 year period he will have to apply for another 2.5 year FLR(M) extension meeting all the same conditions, income etc again.
Finally after a total of 5 years in the UK he will be able to submit an application for Indefinite Leave to Remain (ILR).
Until he is granted ILR he won't be able to access Public funds.

Regarding Council housing, you can't be awarded a Council house as a couple but he can join you in your current home. You will however, have to submit a letter from the Council as your landlords, agreeing to him living in the accommodation.
If you are receiving any Housing Benefit or Council tax reduction you must notify the Council of your change in circumstances and that your husband has no recourse to Public funds.

Visa fees:
Fiance visa = £1195.00
FLR(M) spouse visa = £811 (postal) or £1311 for a premium application in person submitted at a PSC. (Postal applications take around 3 months to process, a premium in-person appointment the visa is generally issued on the day). Your husband won't be able to work legally until the visa has been issued.
Each time your husband applies for his 2.5 year FLR(M) visa he will have to pay the £500 NHS surcharge in addition to the visa fee.
Indefinite Leave is currrently £1875 postal or £2375 if applied for in person, but fees are likely to increase over the 5 year period.

stil confused slightly

- so he has to apply for a fiance visa in the u.s.a Yes
- then he can come here on the fiance visa and we have to get married within 6 mnths Yes
- then after we are married (hes still in uk) he then applies for a ILR from within the uk, which is granted for 2.5 yrs No. FLR(M). He will only be able to apply for ILR after completing 5 years.
- then after the 2.5 years he applies for a 2nd ILR which will also be for 2.5 Not iLR - FLR(M)
- then after that 2.5 he will be a citizen No. British citizenship is a completely different application. and not granted automatically. He need to apply for and be granted ILR first - SET(M) application

is that the correct order ?

Can you confirm that you have met in person?


Edit: Beaten by CR001

yes we have

is the order i put above the correct order that we have to do things?

[Casa]

Yes if you take note of the corrections posted by myself and CR001.

[BabyBird]

stil confused slightly

- so he has to apply for a fiance visa in the u.s.a
- then he can come here on the fiance visa and we have to get married within 6 mnths Yes
- then after we are married (hes still in uk) he then applies for a ILR from within the uk, which is granted for 2.5 yrs Yes, but FLR(M) not ILR
- then after the 2.5 years he applies for a 2nd ILR which will also be for 2.5 Yes, but FLR(M) not ILR
- then after that 2.5 he will be a citizen No. After the 2 x 2.5 year FLR(M) spouse visas, he then has to apply for ILR (indefinite leave to remain). Once he has that, only then can he APPLY for British citizenship on form AN.

is that the correct order ?

i was told the whole procress takes 5 years, which is x2 visas which last 2.5 yrs eaach

i thought he had to apply for two ILR then after the 2nd one runs out (total of 5 years) he will then be a permanent resident then he can either renew his ILR every 10 years or take the neutralization test to become a permenent citizen

p.s. you said " After the 2 x 2.5 year FLR(M) spouse visas"..... is a FLR(M) visa a spouse visa? is it the same thing?

[BabyBird]

Yes if you take note of the corrections posted by myself and CR001.

do you know where he would have to go to in the usa to apply for the fiance visa

i am correct that he would have to do that at the british embassy that is nearest to him in the usa?

ive never done anything like this before and we have no idea where to go to start the process or where to get the forms or file the visa's. any guidence on this would be appreciated

[Casa]

You're still referring incorrectly to ILR.
ILR = Indefinite Leave to Remain (permanent residence).
An application for ILR on form SET(M) is only applied for at the end of the 5 year period.
FLR(M) = Further Leave to Remain (limited or temporary leave of residence for 2.5 years).

Where in the US will your fiance be applying from?
https://www.gov.uk/join-family-in-uk/overview

[BabyBird]

You're still referring incorrectly to ILR.
ILR = Indefinite Leave to Remain (permanent residence).
An application for ILR on form SET(M) is only applied for at the end of the 5 year period.
FLR(M) = Further Leave to Remain (limited or temporary leave of residence for 2.5 years).

Where in the US will your fiance be applying from?
https://www.gov.uk/join-family-in-uk/overview

he lives in indiana, only about an hour or two away from chicago

is a spouse visa the same thing as a FLR(M) ? the person above reffered to it as a spouse visa in the same sentence as a FLR(M), not sure if the person was talking about a FLR(M) or something different

that link i dont think is relevent to us as he wouldnt be joining family in the uk? he would be coming here on a fiance visa to marry.


so after the 5 years, when he applies for ILR and it is granted. am i correct that after he has got that, there are two options, he can either apply for neutralization to become a citizen OR he can just renew the ILR every 10 yrs? .. does the ILR expire or have a time limit?

[ohara]

You don't seem to be understanding the terminology here.

FLR = further leave to remain. It is basically an extension of a visa.
ILR = indefinite leave to remain. It is basically a visa which allows you to remain in the UK indefinitely, but you only qualify for it after a certain period of time. Depending on which route you are on, it is normally 5 or 10 years.

The link given by Casa is correct. A spouse is a family member.

Once your partner has ILR, there is no restriction on his stay in the UK. He will be eligible to apply for naturalisation, but there is no requirement to do it (although it is the logical path if he intends to stay here).

ILR does not need to be renewed. The clue is in the name. ILR can be lost by extended periods of absence from the country however, whereas citizenship cannot.

[Casa]

As ohara has confirmed, the link does apply to you. Follow the link through to 'Eligibility' are you will find "engaged to be married or to become civil partners"
Here's the link for applying online in the US and guidance on submitting the documents and biometrics. You will see that documents for a settlement application (which includes a fiance) must be sent to Sheffield. The address is in the link.
https://www.gov.uk/government/publicati ... in-the-usa

[BabyBird]

As ohara has confirmed, the link does apply to you. Follow the link through to 'Eligibility' are you will find "engaged to be married or to become civil partners"
Here's the link for applying online in the US and guidance on submitting the documents and biometrics. You will see that documents for a settlement application (which includes a fiance) must be sent to Sheffield. The address is in the link.
https://www.gov.uk/government/publicati ... in-the-usa

thank you

so the link you just gave is to apply for the fiance visa ?

could you tell me at which stage does my evidence as his sponsor have to be sent in?

[BabyBird]

im looking on the website to see the what the fee will be for the fiance visa. and it gives options to select before it gives you a price.

for the fiance visa do i have to select ''join family'' or ''settlement" ? not sure which category fiance visa is

[BabyBird]

can someone clear up this last issue for me please, im struggling with it. is the visa i need actually called a fiance visa?

on the gov.co.uk website it says

''if you're coming to the uk to get married or enter into a civil partnership, you need a marriage visitor visa"

and the other category says "Apply to join family living permanently in the UK "
You’ll need a ‘family of a settled person’ visa if you’re from outside the European Economic Area (EEA) or Switzerland and you want to join, for 6 months or more, a partner or family member who’s living in the UK permanently.
You don’t need a ‘family of a settled person’ visa to visit your family for up to 6 months, but you should check if you need a Family Visitor visa.
Your family member can:

be a British citizen
have settled in the UK
have asylum or humanitarian protection in the UK

If you meet the eligibility requirements, you can apply to:

join your partner (spouse, fiancé(e), civil or unmarried partner)
join your parent
come to look after your child
come to be looked after by family



so im not finding anything called " Fiance visa". Iim assuming its the same thing as a ''family of settled person" visa .

the part that is confusing me is that im not actually considered family until we are married so not sure as to why he has to apply for a family of settled person

but just to be clear, does my boyfriend have to apply for the ''family of settled person'' visa on the website that the lady above me gave??

[Casa]

If you meet the eligibility requirements, you can apply to:
join your partner (spouse, fiancé(e), civil or unmarried partner)
join your parent
come to look after your child
come to be looked after by family


Apply in the link I posted for you. Join family in the UK. (settlement) £1195.00
Not a marriage visit visa

[ohara]

the part that is confusing me is that im not actually considered family until we are married

YES YOU ARE!

You are considered a family member if you are engaged, you have already been told that!

He is applying for a settlement visa because he intends to stay here.

The join family in the UK visa is the correct one.

[BabyBird]

at which point do i provide my financial documents showing that i can meet the minimum financial requirments to support him? since he will be the person applying, do i need to send those documents to him so that he can mail them with his application?

once we are married and he applies for the FLR(M) , is he legally allowed to get a job at that point?

[Casa]

at which point do i provide my financial documents showing that i can meet the minimum financial requirments to support him? since he will be the person applying, do i need to send those documents to him so that he can mail them with his application?

once we are married and he applies for the FLR(M) , is he legally allowed to get a job at that point?

Once he has applied online all the qualifying documents have to be sent to Sheffield, as advised in my earlier post. Also as I've already advised, he can only work once his FLR(M) visa has been granted. A postal application (£811) can take 3 months to process, whereas an in-person application at a Premium Service Centre (PSC) is generally decided on the same day (£1311).