Fiance/proposed civil partner OR Spouse Visa?

[Myk]

Hi everyone,

I was wondering if I could get some help from you. I have several questions and I am quite confused on certain issues.

I am a non-EEA national living and working in Italy for the past 4 years and I recently got engaged to my same-sex British partner. We do not live together, (he lives and works in the UK and I am in Italy) but I have a 2 year Visitor visa and so we see each other twice a month, every 2 weeks one of us travels to see the other, and we have been dating and doing this for 2 years now, hence the need to marry and stay together. He meets the financial requirements in Category A and owns his property and lives alone.

1. I was wondering what is the best option for us;

a) Should I apply for a fiance/civil partner visa and then marry in the UK?
b) If so, would I have to pay another fee for the switch to spousal visa after the marriage in the UK?
c) How easy or complicated is this for those who have done this before?

2. Should we marry in Italy and then apply for a spouse visa? Italy doesn't allow for same-sex marriage but has civil unions. This is not a problem as civil unions are recognised in the UK and we could move from civil union to marriage at a later stage or marry in Portugal, Spain, France or Netherland where marriage is recognised. However, my question is;

a) Can we immediately after receiving the marriage certificate apply for a spouse visa even though we are not living together or there are certain requirements of a period of co-habiting?

I refer to question 1.16 which asks "If you are an unmarried or same-sex partner, have you been living in a relationship akin to marriage or a civil partnership" to which I have to say NO (because we are living apart)

Question 1.19 then asks " Have you lived with your sponsor in a relationship akin to marriage or a civil partnership at any time including since your wedding or civil partnership ceremony.
~Again I have to say NO because I do not have the right to live in the UK and we live and work in different countries.

b) Will answering No to these questions jeopardise my chances of being granted a spouse visa?

c) What evidence can we show that it was a genuine marriage born out of a desire to finally just live together?


I would definitely appreciate your thoughts and advice on this and if you need further clarification on issues I might not have addressed that would help you to understand better and give insightful advice, I will definitely shed light on them.

Thank you!

[CR001]

1. I was wondering what is the best option for us;

a) Should I apply for a fiance/civil partner visa and then marry in the UK?
b) If so, would I have to pay another fee for the switch to spousal visa after the marriage in the UK?
c) How easy or complicated is this for those who have done this before?

a) Your choice but yes you could do this.
b) You would have to pay £1523 for the 6 month fiance visa yes. You won't be allowed to work while on a fiance visa. Once married, you have to apply for the civil partner visa on form FLR(M), costs £1033 for postal and £1643 for an in person same day appointment. You will also have to pay £500 Immigration Health Surcharge. Depending on your nationality, you will also need to meet the English requirement. Does your partner earn at least £18,600 per annum?

2. Should we marry in Italy and then apply for a spouse visa? Italy doesn't allow for same-sex marriage but has civil unions. This is not a problem as civil unions are recognised in the UK and we could move from civil union to marriage at a later stage or marry in Portugal, Spain, France or Netherland where marriage is recognised. However, my question is;

a) Can we immediately after receiving the marriage certificate apply for a spouse visa even though we are not living together or there are certain requirements of a period of co-habiting?

a) Yes. there is no mandatory living together requirement for newlywed partners.

I refer to question 1.16 which asks "If you are an unmarried or same-sex partner, have you been living in a relationship akin to marriage or a civil partnership" to which I have to say NO (because we are living apart)

You will NOT be applying for an unmarried partner visa, so this is irrelevant to you.

Question 1.19 then asks " Have you lived with your sponsor in a relationship akin to marriage or a civil partnership at any time including since your wedding or civil partnership ceremony.
~Again I have to say NO because I do not have the right to live in the UK and we live and work in different countries.

b) Will answering No to these questions jeopardise my chances of being granted a spouse visa?

c) What evidence can we show that it was a genuine marriage born out of a desire to finally just live together?

b) No!
c) Evidence of visits, photos, whatsapp or facebook communication screen shots etc etc.

[Myk]

Depending on your nationality, you will also need to meet the English requirement.

I am Zimbabwean and I have taken the IELTS General Test and I have an 8.5 (C2) score, will this be allowed as evidence? I also studied to a master's degree in English.

Does your partner earn at least £18,600 per annum?

Yes he earns £50,000 per annum and I earn €30,000 per annum and I have about €8,000 in savings.

Several Follow up questions;

1. Do I need to prove I am single and never been married? How do I prove this?

2. Also on Question 2.8 "Do you intend to work in the in the UK if YES provide details"
~Should I answer yes? because I do intend to work but I am not sure if that is a trick question because if it is a fiance visa I am not allowed to work until I switch but on a spouse visa I am able to work immediately.

3. Will there be a spouse visa interview that we have to attend or it is all based on the evidence we provide.

[CR001]

I am Zimbabwean and I have taken the IELTS General Test and I have an 8.5 (C2) score, will this be allowed as evidence? I also studied to a master's degree in English.

It should usually be A1 level Life Skills as the UKVI site says. Where/which country did you study your degree??

Yes he earns £50,000 per annum and I earn €30,000 per annum and I have about €8,000 in savings.

Your income is irrelevant for the initial visa.

1. Do I need to prove I am single and never been married? How do I prove this?

No need to prove you have not been married. Just answer the question in the form honestly.

2. Also on Question 2.8 "Do you intend to work in the in the UK if YES provide details"
~Should I answer yes? because I do intend to work but I am not sure if that is a trick question because if it is a fiance visa I am not allowed to work until I switch but on a spouse visa I am able to work immediately.

No if applying for a fiance visa. Yes if you are applying for spouse visa. Which form are you looking at??

3. Will there be a spouse visa interview that we have to attend or it is all based on the evidence we provide.

Sometimes there is an interview by skype or telephone, sometimes there is not.

[Myk]

It should usually be A1 level Life Skills as the UKVI site says. Where/which country did you study your degree??

I studied my Bachelors in Zimbabwe and my Masters in Italy both done in English. Would I be able eligible for exemption from the language test?

No if applying for a fiance visa. Yes if you are applying for spouse visa. Which form are you looking at??

Thank you for this! I am looking at the APPENDIX 2 VAF 4A August 2018 FINANCIAL REQUIREMENT FORM

[CR001]

It should usually be A1 level Life Skills as the UKVI site says. Where/which country did you study your degree??

I studied my Bachelors in Zimbabwe and my Masters in Italy both done in English. Would I be able eligible for exemption from the language test?

No, unfortunately it does not exempt you. You will need to do the UKVI NARIC Red Route assessment (English and comparable) of your degree, whichever one you choose. Costs £150, same price as the A1 test.

[Myk]

No, unfortunately, it does not exempt you. You will need to do the UKVI NARIC Red Route assessment (English and comparable) of your degree, whichever one you choose. Costs £150, the same price as the A1 test.

Ok, thank you. In your opinion, which is the best option?

We will sit down with my partner when he visits next week and if we come up with more questions we will be sure to post on this thread. Thank you so much for your help I think I will be posting on this topic right through this journey and your help will be much appreciated.

[CR001]

No, unfortunately, it does not exempt you. You will need to do the UKVI NARIC Red Route assessment (English and comparable) of your degree, whichever one you choose. Costs £150, the same price as the A1 test.

Ok, thank you. In your opinion, which is the best option?

We will sit down with my partner when he visits next week and if we come up with more questions we will be sure to post on this thread. Thank you so much for your help I think I will be posting on this topic right through this journey and your help will be much appreciated.

Either The A2 Test or NARIC. Test is quicker, takes 10/20 minutes.

Yes, please continue in this topic and we will help as much as we can

[Myk]

Hi guys.

We are finally civil partners and are now starting to complete the visa forms. I have a question;

On Appendix 2 (VAF 4A August 2018) Financial requirement form. For part 3A it says Indicate category A or B but there is no information on what these categories are. My sponsor is employed in the UK and earns above the 18,600 and has been employed by the same company for 13 months. Which category does he fall under and where can we get clear guidance notes?

[CR001]

Hi guys.

We are finally civil partners and are now starting to complete the visa forms. I have a question;

On Appendix 2 (VAF 4A August 2018) Financial requirement form. For part 3A it says Indicate category A or B but there is no information on what these categories are. My sponsor is employed in the UK and earns above the 18,600 and has been employed by the same company for 13 months. Which category does he fall under and where can we get clear guidance notes?

https://assets.publishing.service.gov.u ... ext_1_.pdf

[Myk]

[/quote]
https://assets.publishing.service.gov.u ... ext_1_.pdf
[/quote]

Thank you so much for this. Will read through.

[Myk]

Hi, I have another question; On Appendix 2 Financial Requirement Form. I have answered Yes to question 3.21 which asks if my sponsor's income meets or exceeds the financial requirement.

My question is should I just leave question 3.22 blank since it is not relevant to our case. Is it advisable to leave it blank or it will jeopardise our application?

Thank you.

[seagul]

Hi, I have another question; On Appendix 2 Financial Requirement Form. I have answered Yes to question 3.21 which asks if my sponsor's income meets or exceeds the financial requirement.

My question is should I just leave question 3.22 blank since it is not relevant to our case. Is it advisable to leave it blank or it will jeopardise our application?

Thank you.

If you are working for your employer from 6 months then you should have ticked 3.12 then straight move to 3.21 then just leave 3.22

[Myk]

Hi Guys,

I'm applying for the spouse/civil partner visa from Italy where I am resident. I am a Zimbabwean citizen. I wanted to ask, is it mandatory for me to provide my birth certificate or just my Italian residence permit is enough? or both?

cheers.

[CR001]

is it mandatory for me to provide my birth certificate

No.

[Myk]

Hey guys, just to give you all a heads up, I got the Visa!!! It came just yesterday so now starting to pack and get ready to move!

Thank you so much for all your help and answering all my questions and guiding me through this! I will definitely be back again for more advice in 2.5 years when I do the FLR (M).

Thank you once again!

[seagul]

Hey guys, just to give you all a heads up, I got the Visa!!! It came just yesterday so now starting to pack and get ready to move!

Thank you so much for all your help and answering all my questions and guiding me through this! I will definitely be back again for more advice in 2.5 years when I do the FLR (M).

Thank you once again!

Congratulations! Stay tuned with forum because policies & procedures might change in 2.5 years time.

[Myk]

Thank you, so relieved and happy. I will definitely keep in touch with the forum to know about any changes that might have been made.