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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7661
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I'm writing on behalf of my fiancée. She's Moldovan

Customer Question

I'm writing on behalf of my fiancée. She's Moldovan citizen, currently in UK on a student visa (since September 2010). Her studies and the visa will run out in few months. We need a visa or some other way to remain in the UK and also be able to work.
What's the best way we are unsure.
I'm british citezin and moved to UK 14 years ago. We've been engaged a year and a half, lived together 3 years, with 22 months on the same rental tenancy. Her english is fluent. We are planning to get married soon but if it will help with visa we will do the official part sooner.
If there are financial requirements I'd rather provide proof of £16000+ in savings rather than proof of my income as I work through my own LTD company and proof of my income is tricky to provide.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Thanks question.
What level of cash savings do you have between you together please?
Kind regards,
Customer: replied 3 years ago.


Expert:  Thomas replied 3 years ago.
I appreciate it's difficult, but what level of income are you easily able to demonstrate?
Kind regards,
Customer: replied 3 years ago.

Because of transition from sole trader to ltd it's all a bit tricky. I need to find some figures talk to my accountant etc. Would savings proof not be sufficient?

Expert:  Thomas replied 3 years ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
If you have lived together period of two years or more then you would qualify as unmarried partners provided that you can prove the period of residency, which means that it would not be necessary purposes to get married,
The webpage on spouse visas is here:
The eligibility criteria is here:-
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse 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 spouse 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 or that you can afford to accommodate yourselves once here.

The problem is the financial requirement, in order to meet the threshold by relying only on savings you must have £62500 in cash savings.
If you have £25, 000.00 then as you will see from the above link (page 47) to the guidance, you would only be able to count £3600 of that towards the £18600 theshold. This means that you would have to show income of £15, 000.00 in addition to the £25000 savings.
If you are able to show that you meet the requirement the you should be fine though.
She will need to apply (ie. spouses visa) by using form FLR(M) Settlement, available from UKBA's website.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
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,
Customer: replied 3 years ago.

Thanks. Do any requirements change if we were married?

Expert:  Thomas replied 3 years ago.
No, they are the same regardless of whether you are married or not I'm afraid..
Expert:  Thomas replied 3 years ago.

Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,