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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My lady friend wants to come for a visit to see if we are suited

Customer Question

My lady friend wants to come for a visit to see if we are suited and get on so she would apply once back home to come back to uk to marry what sort of visa should she apply for.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do you meet the financial requirement for a spouse/fiance visa? If you are employed in salaried employment at a salary of £18600 per annum and have been employed at this rate for more than 6 months then you meet the requirement..
Kind regards,
Tom
Customer: replied 2 years ago.

yes i am in full time employment and earn above that so what visa does she need to apply for and what imformation should she put on visa

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the plan is to settle in England once you are married then she will need to apply for settlement.
There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.
Alternatively, You can either marry outside the UKand then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
& here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
She will also have to pass an Englsh Language test:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the Home Office website, but she will most likely be required to apply online.
Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Could she come over to see if we are suited for marriage before we apply to be engaged and fill out the applercations for her to be in this country to marry and stay she has no dependants to bring with her and i am single with no dependants.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
If she enters on a visit visa then she would not be able to apply for a fiance visa whilst she is here. This is because a visit visa is subject to the condition that the visitor must leave the UK before the expiry of their visa and this is taken to mean that they must not also attempt to switch categories.
However, there is nothign stopping you from seeing a solicitor whilst on a visit visa to draft the applciation and collate the supporting documentation.
Kind regards,
Tom
Customer: replied 2 years ago.

thanks but on a visit visa does she need to have funds for the length of her visa even though she will be with me from when i pick her up to the time she catches her flight home as i will care for her while here.

Expert:  Thomas replied 2 years ago.
Hi,
Basically, yes.
A visitor is required to show that they can afford to support themselves in the UK whilst they are here visiting, so the £100 per day is about right although possibly a shade high.
They are also required to show that they have accommodate themselves whilst here,which is why they have indicated that she is normally expected to show booking and funds for a hotel.
If you are based in the UK and will assist her during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that you are to return at the end of it, that although you are in a relationship with her you both know that she MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.
If you do this and provide evidence that you can accommodate her in the form of the statement, land registry official copies showing you as the owner of the property and also a house report from a estate agent or other professional stating the amount of rooms and confirming that you have adequate space to accommodate her then she should be okay.
The declaration should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
Kind regards
Tom
Customer: replied 2 years ago.

thank you i only rent a flat and only have one bedroom which are going to share would this affect that decleration

Expert:  Thomas replied 2 years ago.
Hi,
Provided that you are able to show that your landlord consents to her staying at the property (ie in writing) whilst here then you should still be okay.
Tom
Customer: replied 2 years ago.

thanks for your help

Expert:  Thomas replied 2 years ago.
You're welcome.
Good luck
Tom

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