Fiance Visa

[opalopalopal]

Hello,

I am currently engaged to a British citizen and living in Canada. We met online and I visited this last Christmas and met his family, etc. I am looking to apply to the fiance visa. He is about 2000 pounds shy of the income requirement but on the gov.uk website it states that if we do not meet it, I could be put on the track for a 10 year settlement. Does that apply to the fiance visa as well?

The other question about it that I have is if I were to go as a visitor and apply for FLR (FP) while there, would that work?

[CR001]

I could be put on the track for a 10 year settlement. Does that apply to the fiance visa as well?

No it does not. Note that the 10 year route from outside the uk is not very common to be granted if there is not an established marriage and children.

The other question about it that I have is if I were to go as a visitor and apply for FLR (FP) while there, would that work?

No. You cannot switch to another long term visa category while in the uk as a visitor. You won't be able to marry on a standard visitor visa either.

I would strongly suggest you do your best to meet the requirements to apply from abroad to avoid very difficult, lengthy and costly visa or visa refusal issues.

If you are not older than 30, have you considered the Youth Mobility Visa? This will allow you to work, marry and then switch to a spouse visa combining your two incomes.

https://www.gov.uk/youth-mobility

[opalopalopal]

Sadly no I am over 30.

So there is no precedent of being approved with a bit less than required for the minimum income threshold? Where I am living there is a housing crisis and I will be homeless come the Summer. On the streets, nowhere to go, based on my income and the amount it is to rent here. Would that be considered 'exceptional circumstances'?

[CR001]

So there is no precedent of being approved with a bit less than required for the minimum income threshold?

Not in your circumstances no. Look at it from ukvi's perspective, you are not married, had an online relationship and have only met your online partner once. In immigration terms, it is hardly an established relationship.

Where I am living there is a housing crisis and I will be homeless come the Summer. On the streets, nowhere to go, based on my income and the amount it is to rent here. Would that be considered 'exceptional circumstances'?

Not really no. You are in country of which you are a citizen. Your employment and home situation in your home country is not a consideration at all, for the same ukvi perspective reasons I have stated above.

I know this sounds harsh, but uk visas and requirements are not for the faint hearted. The fees are a lot, visa fee of £1500 odd for a fiance visa and for a spouse visa once married and switching within the uk, visa fee if £1033 odd plus the health surcharge of £1560 and this is only for the first 2.5 year visa. Also, you would not be permitted to work or use the free NHS on a 6 months fiance visa.

Any chance that you have a UK born British grandparent?

[opalopalopal]

Sadly no, two great grandparents but no grandparent.

The financial requirement, is that before taxes? If it is before taxes then he definitely makes enough. If not, then no.

[AmazonianX]

Sadly no, two great grandparents but no grandparent.

The financial requirement, is that before taxes? If it is before taxes then he definitely makes enough. If not, then no.

Yes the financial requirement of £18,600 is the Gross Income I.e. before taxation.
In simple terms if he has held an employment for 6months or more where he earns at least £1,550 per month before tax and other deductions. If this is met, you are on good grounds.

[opalopalopal]

The other question I have about financials is the method of payment. His employer doesn't usually deposit his pay into his bank account and instead pays him in cash. Would we need an extra letter from the employer explaining this as his bank statements would prove to be pretty dismal.

[CR001]

The other question I have about financials is the method of payment. His employer doesn't usually deposit his pay into his bank account and instead pays him in cash. Would we need an extra letter from the employer explaining this as his bank statements would prove to be pretty dismal.

In this case, his salary would only count for the financial requirement if he deposits the whole amount he is paid in cash into his bank account and it matches exactly what is on his payslips. The 6 months payslips must match the 6 months bank statements that must be submit.

[opalopalopal]

The other question I have about financials is the method of payment. His employer doesn't usually deposit his pay into his bank account and instead pays him in cash. Would we need an extra letter from the employer explaining this as his bank statements would prove to be pretty dismal.

In this case, his salary would only count for the financial requirement if he deposits the whole amount he is paid in cash into his bank account and it matches exactly what is on his payslips. The 6 months payslips must match the 6 months bank statements that must be submit.

Sorry if this is a redundant question. I’m frazzled with all of the research I’ve been doing today. This means that it would likely not be sufficient for the application? Even if his employer explained the method of payment?

[CR001]

The method of payment is not the issue. The issue is if he is not depositing the entire cash salary into his bank account every time he gets paid.

Without bank statements proving he earns what the payslips say, a visa will be refused. This is regardless of what the employer writes in a letter explaining.

So simply, if his take home pay is £1350, he should be depositing the whole £1350 into his bank account when he gets paid in cash by his employer. This is the only way he can prove he meets the financial requirement.

[opalopalopal]

So he would have to deposit his pay for six months now before we can apply?

[CR001]

So he would have to deposit his pay for six months now before we can apply?

I edited my post with an example. But yes, he would have to do that for 6 months before he can prove he meets the financial requirement. And it would have to be all the cash he gets every month that he deposits so that it matches his payslips 100%.

[opalopalopal]

Okay thank you very much for your help

[opalopalopal]

Following up about the deposits:

If his Dad transferred the amount he is paid every week into his account (& then he pays his dad the cash he receives from his employer) would that be alright?

Also he isn’t salaried, he works for a daily fee but sometimes doesn’t work 6 days, he will work 5 days. Will that require 12 months of payslips or would 6 be alright as long as he doesn’t go below 1550 a month?

[CR001]

If his Dad transferred the amount he is paid every week into his account (& then he pays his dad the cash he receives from his employer) would that be alright?

No it would not.