Fiance visa help

[k1ng0f0wnag3]

Hello guys,

I have a situation I wish to clarify and get help on.

Firstly, I am a UK based male currently in receipt of DLA, both lower tiers. I am currently engaged to an USA woman and we are looking for advice on how to end up living together. We have been together for over two years now, engaged in the September just gone. We Skype and talk on Instant Messaging services every day and have visited each other 6 times with a future trip planned for May 2017 in the US. (the previous visits have been 3 times in USA, 2 in UK and one on holiday to Brussels) (she is with me as I type this! ).

I am in my own rented accomodation from the council, paying the rent and council tax without any problems and actively working.

I have read online recently, because I am in receipt of Disability Living Allowance for my profound deafness, I am exempt from financial rules and the application is significantly easier since I will not have to meet the £18,600 gross income per year and will only have to meet a minimum weekly income after deductions from contributions to rent and council tax.

Is anyone able to fully advise me on this situation? Will I be successful if I go down this route? I believe after reading online about the minimum weekly income calculations, I surpass that. I just want a clear idea of everything and any personal stories of people that have gone/going through the same situation as I.

Secondly, if the above is possible, how and where do I start the applications to have a fiancee visa granted to marry in the UK and have her eligible to stay with me permanently after the marriage? As in what forms or is there any pages on the Internet with the correct documentation required to fill in.

I eagerly look forward to your replies,

Dean.

(If I have posted in the wrong section of the forum, please tell me so I can move it to the correct place or a moderator could move it for me).

[Casa]

Moved to Immigration for Family Members sub forum.

[k1ng0f0wnag3]

Moved to Immigration for Family Members sub forum.

Hi there, I apologise for asking, but she isn't a family member - we are looking to marry as she is a fiancee. Is this applicable in that forum?

[noajthan]

Fiancee is family. Sounds good doesn't it.

[Casa]

It's still the applicable forum as when applying for a fiancee visa she will be following the family route to settlement.

Standby for others better placed to advise on DLA & Adequate Maintenance.

Welcome to the forum.

[CR001]

Moved to Immigration for Family Members sub forum.

Hi there, I apologise for asking, but she isn't a family member - we are looking to marry as she is a fiancee. Is this applicable in that forum?

Yes, Casa has moved your topic to the correct forum.

Have a read through the link below on how to calculate adequate maintenance to qualify for a fiance visa (6 month validity) or a spouse visa if you marry in the US.

http://www.immigrationboards.com/immigr ... 05533.html

Below is the HO website on the visa you would be looking at.

https://www.gov.uk/join-family-in-uk/overview

[k1ng0f0wnag3]

Moved to Immigration for Family Members sub forum.

Hi there, I apologise for asking, but she isn't a family member - we are looking to marry as she is a fiancee. Is this applicable in that forum?

Yes, Casa has moved your topic to the correct forum.

Have a read through the link below on how to calculate adequate maintenance to qualify for a fiance visa (6 month validity) or a spouse visa if you marry in the US.

http://www.immigrationboards.com/immigr ... 05533.html

Below is the HO website on the visa you would be looking at.

https://www.gov.uk/join-family-in-uk/overview

Thank you Casa for moving my post to the correct forum.

CR001, assuming by your post, you are saying that my Disability Living Allowance is enough to be exempt from financial requirements and would only have to meet the adequate maintenance requirements?

[CR001]

CR001, assuming by your post, you are saying that my Disability Living Allowance is enough to be exempt from financial requirements and would only have to meet the adequate maintenance requirements?

I am not familiar with the calculation in relation to benefits, but the link I provided is quite detailed on how to work out if you qualify for the exemption.

[physicskate]

I definitely suggest you marry in the US as this will spare you the £1000+ fee of a fiance visa. Your then wife would directly apply for a spouse visa (and pay the IHS fee for use of the NHS). After the initial 30 months, she would then extend her visa within the UK. After a total of 5 years, she would then apply for Indefinite Leave to Remain. So marrying in the US would save the cost of a visa (which is super expensive!!).

You can marry in the US on just an ESTA, and many locations don't require you to give notice anywhere near like in the UK - some states require no 'notice', but just that you book the wedding! My now husband came to my home state for a week to get married, but that was mostly for holiday. We picked up our wedding license the day before we'd booked an appointment to marry (booked the appointment 6 or so months in advance because we knew the dates).

Only certain categories of DLA will exempt you from the £18600... so have a thorough read!

You should also budget for her immigration journey to cost at least £5000 over 5 years. The fees increase every year (and have been increasing by at least 25% every year for the past 5 years or so.

[k1ng0f0wnag3]

I definitely suggest you marry in the US as this will spare you the £1000+ fee of a fiance visa. Your then wife would directly apply for a spouse visa (and pay the IHS fee for use of the NHS). After the initial 30 months, she would then extend her visa within the UK. After a total of 5 years, she would then apply for Indefinite Leave to Remain. So marrying in the US would save the cost of a visa (which is super expensive!!).

You can marry in the US on just an ESTA, and many locations don't require you to give notice anywhere near like in the UK - some states require no 'notice', but just that you book the wedding! My now husband came to my home state for a week to get married, but that was mostly for holiday. We picked up our wedding license the day before we'd booked an appointment to marry (booked the appointment 6 or so months in advance because we knew the dates).

Only certain categories of DLA will exempt you from the £18600... so have a thorough read!

You should also budget for her immigration journey to cost at least £5000 over 5 years. The fees increase every year (and have been increasing by at least 25% every year for the past 5 years or so.

Would you know where I could read up on the DLA categories that apply to the exemption? This is a real point that I need to know so I can move on with the application in the right direction.

I really appreciate your reply, it is really informative and has given me a lot to think about.

EDIT:
(From https://www.gov.uk/government/uploads/s ... rement.pdf)

Appendix
1.7: Financial Requirement
May 2016
14
3.6. Meeting the financial requirement through “adequate
maintenance”
3.6.1.
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will beable to meet the financial requirement at that application stage by providing evidence of “adequate maintenance”rather than meeting an income threshold:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.
-Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

3.6.2.
If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.

It does not seem to outline that there are only certain elements of the DLA that only apply to this situation. Would it be possible if you could remember where you read this piece of information saying this?

[physicskate]

https://www.gov.uk/government/uploads/s ... rement.pdf

[k1ng0f0wnag3]

https://www.gov.uk/government/uploads/s ... rement.pdf

Hi,

Thanks so much for your reply. I have edited my above post with a snippet from the same website (as I did not want to double post), and it does not show anything about the certain elements as regards to the DLA.

The snippet I pulled seemed to accomodate the whole benefit in itself, and not any exempt categories.

[physicskate]

I think the issue is that even with DLA some people were not meeting adequate maintenance.... but according to the guidance DLA of any category will exempt you from needing to meet the £18,600. So you just need to meet adequate maintenance and if you meet that through work and DLA that should be fine.

So Section 3 of this doc is what you need to meet/ exceed:
https://www.gov.uk/government/uploads/s ... x_1_7A.pdf

[k1ng0f0wnag3]

Hello,

I've a couple of questions.

At the moment I am exempt from the financial requirements because I am in receipt of DLA. I know this means I have to meet a certain amount after rent and council tax contributions clashed against my earnings.

At the moment, I am within a job that helps me meet the required "income support" level after rent/council tax and going to apply for my partner to come to me on a fiance visa. We are then going to get married and apply for spousal visa while she is here on the fiance visa.

The only thing is, due to the job market and cuts that can be made, what if I was to lose my job between the acceptance of fiance visa and the application of spousal visa? Would that get me refused during the application of spousal visa and I would have to find another job quickly or is the spousal visa not dependent on the job part as she was originally accepted on the fiance visa?

How long does the transition between fiance visa and spousal visa take upon submitting the application as they will have most of the information during the fiance visa?

TL;DR:
1. Applying for fiance visa, getting married then applying for spousal visa but worried about job loss during that period and it affecting the spousal application and how it works.

2. What the transition between fiance visa and spousal visa like? Will they use the information from fiance to make decision on spousal visa and make it faster because they pretty much know everything?

Thanks ever so much.

[Casa]

Hello,

I've a couple of questions.

At the moment I am exempt from the financial requirements because I am in receipt of DLA. I know this means I have to meet a certain amount after rent and council tax contributions clashed against my earnings.

At the moment, I am within a job that helps me meet the required "income support" level after rent/council tax and going to apply for my partner to come to me on a fiance visa. We are then going to get married and apply for spousal visa while she is here on the fiance visa.

The only thing is, due to the job market and cuts that can be made, what if I was to lose my job between the acceptance of fiance visa and the application of spousal visa? Would that get me refused during the application of spousal visa and I would have to find another job quickly or is the spousal visa not dependent on the job part as she was originally accepted on the fiance visa?

How long does the transition between fiance visa and spousal visa take upon submitting the application as they will have most of the information during the fiance visa?

TL;DR:
1. Applying for fiance visa, getting married then applying for spousal visa but worried about job loss during that period and it affecting the spousal application and how it works. You will need to meet the same 'adequate maintenance' level when submitting the FLR(M) spouse visa application.

2. What the transition between fiance visa and spousal visa like? Will they use the information from fiance to make decision on spousal visa and make it faster because they pretty much know everything? It depends on how long it takes for the fiance visa to be processed and then how long before you marry and submit the FLR(M) application when you are required to submit the same information again.

Thanks ever so much.

[CR001]

Please keep all your queries and questions in a single topic, both of which have now been merged (here).

[k1ng0f0wnag3]

Hi, sorry about that. I hadn't realised that I needed to include it in the original post from several months ago.

Thank you for merging the forums, and is there any chance of a reply here?

[CR001]

Hi, sorry about that. I hadn't realised that I needed to include it in the original post from several months ago.

Thank you for merging the forums, and is there any chance of a reply here?

Moderator 'Casa' has responded to your post, her responses in dark blue in your quoted text.