Getting married but where is best?

[meslo]

Hi all,
I am a UK citizen living in Hungary with my Chinese fiancee who has permanent residence in Hungary (living together for 9 months so far) . We are planning to continue to live in Hungary but will relocate to the UK in a couple of years. We are planning to get married but have the option of where to do it.

I own a flat in the UK which is currently rented out and earn over £18,600 from my company in the UK which is run by a manager.

My question is, if we marry in the UK or in Hungary, might it make a difference to our chances/ ease of getting a visa for my then wife to settle in the UK in two years time?

As we live here it would be easier to marry here but I don't want to complicate the process later if we do.

Do you forsee any potential problems/ are there any landmines we should look out for by starting to gather the relevent proofs now?

Thank you for reading this and we would be grateful for any advice.

Mark and Jin

[Casa]

The requirements for a Spouse Settlement visa may change within the next 2 years. However, in respect of the visa being approved, it makes no difference where you marry.

The link below contains the current requirements.
https://www.gov.uk/uk-family-visa/partner-spouse

[meslo]

Thank you very much I am reading the link now.

[meslo]

Thank you for your answer, I have already read all the info on the gov.uk site just a bit scared reading all the stories of visa rejections and would hate to fail for something which we could get easily now but if we don't document it we would miss out. I will read the forums in depth and list all the fail reasons and make sure we comply. Thank you again and for this forum as the whole process is daunting.

[Casa]

The main issue at this early stage would be to:
1. Ensure you have your marriage certificate translated into English
2. Keep evidence of your relationship, including proof of co-habitation, photos etc.
3. Unless you intend to use the savings route (currently £62,500), as it stands at present you would have to submit documented proof of minimum earnings of £18,600 in Hungary for the 12 month period prior to submitting your wife's visa application AND have a confirmed job offer to start within 3 months of arriving in the UK, again meeting the minimum earnings level of £18,600 p.a.

Although the language requirement is currently A1 level English from an UKVI approved test provider, there's no guarantee that this won't change within the next 2 years.

Keep an eye on the forum for any changes to the Immigration Rules.

[meslo]

Casa thank you for the info.
I have gone into this in some depth but haven't seen the £62.5k savings before. However, I have found FM 1.7 and can see how this is made up - Thank you. This helps.

We have a plan:

Get married in Hungary and live here throughout 2019 until her son graduates and goes to study in Germany.

Then live in Slovenia for 2 years where we are building a house - I have temporary residence in Slovenia for 5 years Jin has permanent Hungarian residence for another 3.5 years so she can live in Slovenia. We will apply for temporary Slovenian residence for her for 5 years on the basis of her Hungarian PR card.

Then apply for a family visa in the UK for Jin. To get that we need to prove:

We have a genuine relationship

-Marriage certificate from Hungary - translated into English
-photos of marriage
-receipts for rings venue etc.
-Tenancy agreement for 2019 in both names for flat in Hungary
-print out of we chat texts
-photos and cards

sufficient support

-My UK earnings of £18.6k plus - this includes dividends
-My £62.5k plus of savings
-Jin's £8.4k per year from rent on her flat in China
-Jin's £13k of savings

Evidence of English

- Get a test cert. Jin is fluent

TB test - Jin has lived in Hungary for the past 6 years, Hungary is not on the TB test list - so I assume we don't need this?

Is there anything we have missed/ got wrong?

This assumes no major changes in legislation over the next few years are any expected?

p.s. just as an aside, we have tried the living in England tests and my God I only just pass - are these just a money making exercise?

Thank you again and please can you point out any holes in our plan.

Jin and Mark

[Casa]

Casa thank you for the info.
I have gone into this in some depth but haven't seen the £62.5k savings before. However, I have found FM 1.7 and can see how this is made up - Thank you. This helps.

We have a plan:

Get married in Hungary and live here throughout 2019 until her son graduates and goes to study in Germany.

Then live in Slovenia for 2 years where we are building a house - I have temporary residence in Slovenia for 5 years Jin has permanent Hungarian residence for another 3.5 years so she can live in Slovenia. We will apply for temporary Slovenian residence for her for 5 years on the basis of her Hungarian PR card.

Then apply for a family visa in the UK for Jin. To get that we need to prove:

We have a genuine relationship

-Marriage certificate from Hungary - translated into English
-photos of marriage
-receipts for rings venue etc.
-Tenancy agreement for 2019 in both names for flat in Hungary
-print out of we chat texts
-photos and cards

sufficient support

-My UK earnings of £18.6k plus - this includes dividends
-My £62.5k plus of savings
-Jin's £8.4k per year from rent on her flat in China Not required
-Jin's £13k of savings Can include

Evidence of English

- Get a test cert. Jin is fluent

TB test - Jin has lived in Hungary for the past 6 years, Hungary is not on the TB test list - so I assume we don't need this?
Not required
Is there anything we have missed/ got wrong?

This assumes no major changes in legislation over the next few years are any expected?

p.s. just as an aside, we have tried the living in England tests and my God I only just pass - are these just a money making exercise?

Thank you again and please can you point out any holes in our plan.

Jin and Mark

Jin's income won't be considered, but you meet the finance rule through savings (which can be joint). You may be asked to provide evidence of the source of your savings and these MUST have been held in an accessible account for at least 6 months prior to submitting Jin's visa application.

You will need to submit evidence of adequate accommodation available on your arrival in the UK. This can be with friends or family.

Personally, I would be wary of taking the English test too far in advance as some test, even on the UKVI approved list have an expiry date. If Jin is fluent, it may be wise to wait until closer to submitting the application as requirements can change. The Life in the UK test won't be required until Jin applies for settlement (ILR) at the end of her 5 year (2.5 x 2.5) period. I don't think many of us would win a pub quiz based on the LIUK questions.

I'm not able to comment on the validity of a Hungarian residence card giving the right to apply for Slovenian temporary residence. Others may be better placed to advise.

The Immigration Rules are often updated annually, although I'm not aware of any change in the pipeline apart from those affected by Brexit.