UK Marriage Visa stress

[Canuck79]

I was wondering of someone can help ease my troubled mind....

I am a Canadian citizen and I met my Girlfriend (UK Citizen) while studying in Holland three years ago. I then obtained a Working Holiday Visa which is due to run out on August 1, 2004. From September 2002 to the current date I have been working for a copany but I a not on the books (no NI or PAYE). I am just paid cash. I have just recently proposed to my girlfriend and we plan to be married in late June (1 month before my WHV runs out).

Right now I am very worried about applying for a Spousal Visa. I have no idea how harsh the officials at Croydon are. Do you think it looks suspicious that we are getting married 1 month before my Visa runs out? We have been dating for over three years now and have been living together since November 2003. So I am confident that they will not look at this as a sham marriage. The stress comes due to the fact that I am paid under the table. They need three months of pay slips and evidence of our ability to support ourselves. Well there are three month until the wedding and 4 months before I need to apply for a spousal visa. My fiancee currently make around £28k a year. I just don't know what to to and I don't want to mess things up with our marriage. I am afraid they will kick me out of the UK or make it really hard on us. Does anyone have any advice they can give me? It would really help me figure out what I need to do.

[Chess]

From September 2002 to the current date I have been working for a copany but I a not on the books (no NI or PAYE). I am just paid cash. I have just recently proposed to my girlfriend and we plan to be married in late June (1 month before my WHV runs out).

So long as your bank balance is healthy, you dont need to worry about having been paid in cash!. Afterall with WHMV - you could have spent the whole two years on holiday

Right now I am very worried about applying for a Spousal Visa. I have no idea how harsh the officials at Croydon are. Do you think it looks suspicious that we are getting married 1 month before my Visa runs out?

Depending on where you reside and whether it is a civil marriage or church wedding - the registrar may be worried!, nut either way you would still be legal in the contry so its not a sham marriage.

so long as you make an 'in-time' application with all the relevant doccuments - HO should not be majorly worried

The stress comes due to the fact that I am paid under the table.

I hope you are being paid the correct wages - i.e not underpaid as you are legally entitled to work!!

They need three months of pay slips and evidence of our ability to support ourselves. Well there are three month until the wedding and 4 months before I need to apply for a spousal visa.

since you are living with your wife to be - she has to demonstrate that you have sufficient funds already. In any case, you will be allowed to continue working instantly

I am afraid they will kick me out of the UK or make it really hard on us.

it is not easy to kick someone out of the country - so dont panic atleast you are following the legal route

Does anyone have any advice they can give me. It would really help me figure out what I need to do

Chill out - you have come to the right place

[Canuck79]

Thank you so much. This has put my mind at rest.

I just have another question or two.

My fiancee and I currently pay our rent money and bill money into an HSBC account in her name. Since only around £200 goes through my Natwest account per month at the moment would it help to get the HSBC account in both our names?

Is it possible to get an NI number (I don't have one) with a letter from my employer without going on the company books?

Should I try to get a second job /to get some pay slips and and NI number?

Perhaps I should try to get on the books at my present company for three months?

I am still fearing the worst if they look into my past work experience. I mean, I don't even have a National Insurance Number. I do get paid reasonably well but I haven't gotten an NI number as I get paid cash in hand. I just want to do everything I can to make sure my Visa application will go through alright. I really appreciate your advice and hopefully after this I will not have to bother you anymore...

[Chess]

My fiancee and I currently pay our rent money and bill money into an HSBC account in her name. Since only around £200 goes through my Natwest account per month at the moment would it help to get the HSBC account in both our names?

Not necessary, but it would be beneficial if you had joint accounts - further proof that its not a sham marriage

Is it possible to get an NI number (I don't have one) with a letter from my employer without going on the company books?

You will need a letter from your employer to get NI number, and therefore you will need to get in the books. your employer will then have to pay Employer NI contributions as well.

NI number may not be relevant for your 'change of Status' application, however its IMPORTANT to have one - surely you have spent nearly 2 years in the UK without NI??

Should I try to get a second job /to get some pay slips and and NI number?

You could do that as well, but not necessary

Perhaps I should try to get on the books at my present company for three months?

Yes

I am still fearing the worst if they look into my past work experience. I mean, I don't even have a National Insurance Number. I do get paid reasonably well but I haven't gotten an NI number as I get paid cash in hand. I just want to do everything I can to make sure my Visa application will go through alright.

Your only fear should be with the 'Mrs' to be!!!. She is the 'driver' of the whole process

I really appreciate your advice and hopefully after this I will not have to bother you anymore..

.

Feel free to post any Q's, I am sure forum members will be able to help


Kaya and others:

I am assuming swiching FROM WHMV TO MARRIAGE IS ALLOWED. AFAIK, its only visitors who are not allowed to switch!!!!

[Kayalami]

Kaya and others:

I am assuming swiching FROM WHMV TO MARRIAGE IS ALLOWED. AFAIK, its only visitors who are not allowed to switch!!!!

Correct. Only those people who have been granted a visa of more than 6 months validity can switch to spouse status in the U.K. except where such is a fiance visa. This move was aimed at stopping visitors switching to spouses in country. However there is nothing to stop people getting married in the U.K. even when on visitor status.

My concern for the original poster is that not paying NI and Income Tax impacts most adversely on the 'good character' requirement for naturalisation as a British Citizen. My understanding of current legislation is that Income Tax and NI payments are ultimatley your responsibility although the PAYE system for those employed is supposed to take care of such. While the amounts may be insignificant you will may experience a future shortfall in your state pension and the fact that any future welfare related claims would be decided on your NI contribution - since you and your spouse appear to have a 'good' income and you are rules out from welfare for two years after you get your spouse visa then this is not of great significance. Like Chess I would recommend you get on the 'books' and obtain an NI number.

[Canuck79]

Thanks for your advice!

I will be going on the books and have a temp NI number by Monday. This will give me 3 months of pay slips, not to mention direct debits into my account. Thanks for all your advice. This visa stuff is sure not easy when so much is at stake. Thanks again!

[Cosmopol]

I have no idea how harsh the officials at Croydon are. Do you think it looks suspicious that we are getting married 1 month before my Visa runs out?

Canuck -- no matter how harsh a particular official may happen to be, you are entitled by law to a spouse's status; different from applications for guest or other visas/status types, this is one of the strongest grounds to apply. You certainly should have a peace of mind with regards to the timing of your marriage, as you are in a bona fide relationship -- precisely because you are not supposed to "synchronize" the marriage ceremony with any visa-related dates, it could happen any time that works for you guys (or your friends and family) - within the duration of your stay, of course . You could certainly be asked about it, but that's normal for an interviewer to build an understanding of your circumstances. They may as well ask why you've married - and expect an answer.

It certainly helps to lighten up the interviewer's task if you have a joint account in the bank, perhaps a joint credit card account (showing shared finances), several utility bills or other corespondence with both your names on it - anything that shows you are known to others as living together. Finally, photographs depicting the 2 of you in a variety of informal situations.

Anyway, I'm just writing this for the sake of completeness -- the "economy" of your relationship is much more important, IMHO, and that's been perfectly covered by Chess and Kayalami.

Good luck!

P.S. I will move this thread to the UK family section once you've read this.

[Canuck79]

I just wanted to thank you guys again. I have recieved my new spousal visa within 3 weeks of applying. I have to laugh now how worried I was over trivial issues. Thanks again!

[Chess]

Cannuck,

Well done and congratulations - just goes to show that this board is miles better than those Solicitors/Advisers/Agencie who charge exhobitant fees