Marriage and Settlement Visa Help

[crazyfj]

Hi

Sorry looking for advice again. I was successful in my last visa to bring my partner to the UK. So far 3 tourist and marriage settlement visa.

We married but already confused at the next steps. I was going to apply for the family route 2.5 years. Is this correct? (co-habiting is also a grey area as we have been in a relationship for 4 years but only stay in the UK when he gets his visas). A lawyer gave me confusing advice and told me to go for the fee waiver route as I will qualify due to receipt of PIP (but I have saving so I cannot work out why I would qualify).

Do I have show that we can live on money without considering the PIP? Is the family route correct?

Any help would be great thank you.

[CR001]

I was going to apply for the family route 2.5 years. Is this correct?

Yes, spouse settlement visa on form VAFA.

(co-habiting is also a grey area as we have been in a relationship for 4 years but only stay in the UK when he gets his visas).

Cohabitation is NOT required if you are recently married and spouse is applying from abroad. You need to prove subsisting relationship, ie. visits, whatsapp or FB chats etc.

A lawyer gave me confusing advice and told me to go for the fee waiver route as I will qualify due to receipt of PIP (but I have saving so I cannot work out why I would qualify).

There is no fee waiver route for applications outside the UK as far as I am aware. She also has to pay the Immigration Health Surcharge which is £1200 on top of the visa fee.

Do I have show that we can live on money without considering the PIP? Is the family route correct?

You have to meet the adequate maintenance requirement and there is a minimum HO expect you to receive. There is no other route as your spouse other than the family route.

[crazyfj]

Thanks just to clarify we are in the UK re fee waiver. We got married in the UK on a marriage settlement visa

[CR001]

Just to be sure, she has a 6 month fiance visa which cost £1533 and not the 6 month marriage visitor visa which costs around £90???

Note that fee waiver apps will likely be a 10 year partner route to permanent residence, 4 X 2.5 year visas. She still has to pay £1000 IHS.

Getting the fee waiver is not guaranteed either

[crazyfj]

I was stupid it was the £1500 visa but to be clear, fee waiver is out of the question as we are going down the 2.5 year route (which is the only route I can go down)

thanks

[CR001]

She might not be successful in a few waiver though and will be expected to pay the visa fee of £1033.

[crazyfj]

Cool, I will go down the original route and pay for the 2.5 years

[CR001]

Just so you are aware, the criteria for the fee waiver are heavily scrutinised. Mostly only those who are homeless and destitute with kids or in domestic abusive/violence relationships or refugees, have been successful in being approved for the fee waiver.

[crazyfj]

No problem, tbh I have saved the money and fully prepared to pay it.

But just another quick question, cohabiting, the lawyer said the form is just a standard template and explain in a letter our circumstances, is that the best way to do it?

[crazyfj]

Plus the form isn't the best, it asks what countries she has lived in and visited but when you click on it is says lived in only, she has been lots of holidays do I put that in as per the first screen

[CR001]

But just another quick question, cohabiting, the lawyer said the form is just a standard template and explain in a letter our circumstances, is that the best way to do it?

1. You really don't need a solicitor for the FLR(M) application. It is an extra expense that is not required and using one has no bearing or influence on the application. In fact the trend on the forum is that many solicitors get things so horribly wrong, resulting in refusals.

2. Switching to spouse visa from fiance visa does NOT require the substantial evidence of cohabitation. If you have a few items, simply include them. The form is for many purposes, ie. unmarried partners, spouse visa extension, etc etc. No need to explain anything in a letter either as presumably HO will be fully aware that she was granted a Fiance settlement visa (costing £1523) which allows her to marry in the UK and switch to a spouse visa after marriage. Not surprisingly, HO do actually know the rules