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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I have an american fiancée whom i am planning to move

Resolved Question:

Hello, I have an american fiancée whom i am planning to move over to the UK with her two children, and would like to be set straight on some facts, or pointed in the right direction of where I should be looking. I apologise if this is all jumbled up, I have a lot of thoughts running through my head at the moment and would like to get some professional advice that might help with our worries.

1) Looking at the UKBA website it says that i can either apply for a fiancée visa (with a rough cost of £2500 including her two children), and after we are married we have to apply for a married partner of a British citizen visa, which we would obviously need to pay for as well, would this visa be just for her? or would we have to then get visa's for her two children as well?.
2) If we decided to get married over in america, (I would be able to go on a tourist visa and just get a paper marriage, as long as I am able to prove to the US boarder control I am planning to return to the UK and not stay in the USA), would we be able to just apply for the married to a UK citizen visa, and skip out the paperwork process and fee's of the first visa?
3) I'v been reading lots of horror stories about people in my situation saying that they had their passports taken away, and are stuck in the UK unable to work (with the fiancée to partner visa process) and the application is taking a lot longer than they were told and they have been in this situation for years with one partner not able to work or even leave the country to go back to their own (another reason why we want to apply for this visa as an already married couple), yet on the UKBA website it says that they process all married to a UK citizen visa's within a 12 week period of submitting.
4) with the process from fiancée to partner visa it states that the foreign partner is able to work as soon as the visa is processed, would this be the same for applying out of country? so they day that she lands with her visa approved she is able to start looking for a job?
5) what would be the most practical way to get the visa's approved and not have any partner stuck in a 'limbo' not being able to do anything? we meet the stated financial income for a partner and two children with my income and her child support combined (which the UKBA website said would be acceptable) and it says i need to show a genuine and subsisting relationship, with the checkpoints on the webpage it would be quite difficult.

"If your relationship is genuine and subsisting we would expect you to be able to show evidence that you:

a)are in a current, long-term relationship;
b)are living together with your partner;
c)share responsibility with your partner for any children;
d)share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names;
and your partner have visited one another's home country and family; and
e)you have made plans about living together in the UK with your partner."

as points b and d are asking a bit much seeing as that is what we are trying to achieve, with regards XXXXX XXXXX e, what sort of evidence would i need to give to show we've been making plans to live together?

i apologise i realise this is a lot of questions rather than a simple direct one.
Overall I just want to know what would be the best way of going about things to get the visa approved and if there is anything we shouldn't do that would potentially harm the chances of the visa getting approved.

Thank you very much for you time.

Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

1. In respect of the visa the children will need to apply for, they would need to apply as dependants of your partner when she switches to a spouse visa. They also need to apply with your partner.

2. Yes your partner would then need to apply for a spouse visa from the USA and would not need to switch to a spouse visa from inside the UK. This would be more cost effective.

3. There are situations where some applications can take longer than others, I would therefore suggest that she applies for a spouse visa from outside the uk.

4. Your partner would not be able to undertake employment in the uk if she arrives to the uk on a fiancé visa, if she arrives to the uk on a spouse visa she is able to work in the uk. If she arrives to the uk on a fiancé visa she would need to wait until she has been issued with a spouse visa to work in the uk.

5. In respect of subsisting relationship you would need to show evidence of you communicating with your partner, emails, telephone calls, Skype conversations etc would need to be submitted. Also evidence of her visits to the UK and your visits to the us. You should also provide any photographs of you and your partner and her children if possible.

I would suggest that she applies for a spouse visa from the USA and arrives with her children. This would be the best option, unless it's paramount that you marry in the uk.

In respect of her income, if you are sponsoring her then I do not believe that your partner's income can be taken in to account, you must meet the financial requirements on your own.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

With regards XXXXX XXXXX child support income I have found this on the UKBA's website from the form it states their staff use to determine whether the applicant(s) meet the financial requirements.

From the infomation i can gather from it it says that we are able to use her child support to meet the financial requirements to bring her and her two children over.


The form is "Annex FM Section FM 1.7: Financial Requirement" and is dated october 2013.


6. Non-employment income
6.1. Category C: Non-employment income – requirements

6.1.1. The following are examples of sources of non-employment income which can be
counted towards the financial requirement:
 Property rental.
 Dividends or other income from investments, stocks and shares, bonds or trust
 Interest from savings.
 Maintenance payments from a former partner in relation to the applicant or to the
applicant and former partner‟s child or children dependent on and cared for by the
 UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and
Widowed Parent‟s Allowance.
 A maintenance grant or stipend (not a loan) associated with undergraduate study or
postgraduate study or research.




Does the right to work get granted with the marriage visa if we apply for the from outside the uk? or is there another piece of paperwork we would have to send off for before finding her a job when she lands in the uk with the marriage visa?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

From what you have stated above it does seem like the income is permissible.

In respect of the fiancee visa she can not work until she has applied for a spouse visa. If she is not marrying in the UK and you and your partner marry outside of the UK then she can apply for a spouse visa and does not need to file any other application to work in the UK. She may work in the uk on her spouse visa.

I hope this clarifies the matter.

Kind regards
Customer: replied 2 years ago.

One last question hopefully.

with regards XXXXX XXXXX the subsisting relationship, stating that we have to provide proof of living together and a joint financial responsibility.

Would this count against us since we can't or would it be beneficial to fly her over before we apply for the visa and set up a join bank account or something of the sorts that shows both our names on the paperwork like a bank statement or a utility bill?

Thank you very much for all your time.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If she is applying from outside the uk then it is acceptable that you will not be living together at the time of application. This would only be the case if she was applying from inside the uk.

As mentioned above I would suggest you submit documentary evidence regarding communication with your partner so emails, Skype, telephone calls etc it would not be possible for her to be living with you when you submit the application and the home office are aware of this.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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