Is Spouse Visa Best Route?

[Zak1993]

Hello,

Apologies first as this is very new to me like most. I am currently in a commitment relationship with a Romanian and they are currently here on a holiday visa.

We both have no idea where to start but I have looked into the Spouse Visa. I am expecting a payrise to push me over the 29k mark in December to be able to apply. The fees though I just don't understand. If I go to a solicitor are they adding additional fees on?

Is this also the best visa to apply for? Job wise they are multiskilled however don't hold qualifications as such that the UK seem to want to see at job interviews.

I am correct in thinking the whole process is around the £6k mark at present?

[secret.simon]

In order to qualify for a spousal visa, the two of you either need to be legally married, or in a relationship akin to marriage (living together, with shared bills and finances) for at least two years. Do you meet those requirements?

If you plan to get married in the UK, I am not sure if your Romanian partner and you can get legally married in the UK while they are on a holiday (do you mean visit?) visa. If you plan to get legally married, you may have to look at getting married in another (perhaps EU?) country.

Also, even assuming that you meet the requirement of being married, your Romanian partner can't switch to a spousal visa within the UK. They would need to go back to a country where they have the right of residence (for a Romanian, this is the whole of the EU, for instance) and apply from there.

[Zak1993]

In order to qualify for a spousal visa, the two of you either need to be legally married, or in a relationship akin to marriage (living together, with shared bills and finances) for at least two years. Do you meet those requirements?

If you plan to get married in the UK, I am not sure if your Romanian partner and you can get legally married in the UK while they are on a holiday (do you mean visit?) visa. If you plan to get legally married, you may have to look at getting married in another (perhaps EU?) country.

Also, even assuming that you meet the requirement of being married, your Romanian partner can't switch to a spousal visa within the UK. They would need to go back to a country where they have the right of residence (for a Romanian, this is the whole of the EU, for instance) and apply from there.

Thank you for your reply I really do appreciate it. Whilst we haven't been together for 2 years I don't know if there is any lean way when it comes towards the visa.

They do stay regularly at my flat, we do share bills but there is no proof of this as I pay everything in my name if this makes sense?

Marriage is on the cards at some point but again we are unsure how this would work due to restrictions or if indeed there was another route for us to go down to be able to obtain a visa.

[secret.simon]

They do stay regularly at my flat, we do share bills but there is no proof of this as I pay everything in my name if this makes sense?

I don't think "regular" stays would count. The two of you need to stay together as a couple, for those two years.

Also, shared bills and finances. You'd need proof of that, like joint names on bills, joint bank accounts to pay out of , etc. Essentially you need to be living as a couple, without a marriage certificate, to qualify for the "relationship akin to marriage" route.

Marriage is on the cards at some point but again we are unsure how this would work due to restrictions or if indeed there was another route for us to go down to be able to obtain a visa.

If marriage is on the cards, the two options are
(a) marry outside the UK and then your spouse applies for a spousal visa from outside the UK, as mentioned above, or
(b) leave the UK, apply for a fiance visa (that will require proof of a marriage being planned, bookings, etc, but I am not sure of the specific details for the requirement of a fiance visa, so will leave it for others to advise you on them) and then enter the UK on that visa, then get married in the UK within six months and then apply for a spousal visa.
What they can't do is marry you on a visit visa and then try to stay in the UK.