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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I am a British citizen who has not been UK resident

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I am a British citizen who has not been UK resident for 29 years.
I am returning after 9 years in Singapore, stopping off in Germany for a few days (hence the 'phone number) and will be in the UK next week and intend to remain permanently.
I had intended to arrive and then apply for a fiancée visa for my fiancée, but things have just gotten complicated as she has discovered that she is 6 weeks pregnant.
I think that my options now are to continue with the fiancée visa or to get married in Singapore or the Philippines and then apply for her to come over. We would prefer the fiancée visa and a wedding in the UK so that my family can attend.
Possible problems are: 1) we cannot prove cohabitation as she works as a domestic helper and could only live with me on the weekends. Nor do we have any joint bank accounts, etc 2) I do not have a job in the UK yet, although as freelance computer programmer, experience tells me that that should only take 2 or 3 weeks 2a) I do not have any credit history in the UK, nor do I have much in the way of funds as my business in Singapore failed - hence the return to the UK. Once there I will have high salary.
Possible points in our favour: 1) I have met her parents, both in Singapore and at their home in the Philippines which helps to establish a genuine relationship. 2)ip for a few years. Her current employer could sign a notarized statement saying that she has known of our relations 3) because of her employment visa in Singapore it was necessary to apply for permission to marry from the Ministry of Manpower. We received permission, but did not marry as my business took a down turn. However, that also helps to establish a relationship & intention to marry. 4) does her pregnancy have any bearing either way?
I would be very grateful if you could advise me how to proceed, with emphasis on the quickest way to get her to the UK.
Thanks in advance for any help which you can offer.

The good news is that you do not need to prove cohabitation with your fiancee.

The requirements of a UK fiancee visa are as follows:

To qualify for a fiance visa you must satisfy the following criteria:

  • You and your future spouse must be at least 18 years of age.
  • You and your future spouse must have met each other.
  • You and your future spouse must intend to live together on a permanent basis once married.
  • You must show that any previous relationship that you or your partner were involved in has ended (whether it was as a married or an unmarried couple) .
  • You and your future spouse must have enough funds to support yourselves (and any dependants) without claiming public funds.
  • Your UK fiance must be earning a minimum of £18,600 per annum or have savings to be able to sponsor you. If either or both of you have savings of at least 62,500 held for more than 6 months, that alone is sufficient to meet the financial requirement.
  • You must have suitable accommodation available for you, your future spouse and any dependants.

If all the baove requirements are met, she should proceed to apply for the fiancee visa as soon as possible.

Hope this helps

Customer: replied 3 years ago.

Thanks for the quick feedback. I can currently answer yes to all of those, except for the 18k income. I am actively seeking work and expect to find some in 2 or 3 weeks, based on past experience, which will well exceed that sum.

Based on that, are you sure that she will qualify for a visa? Would it make any difference if she applied from Singapore, where she is currently working, or from her home country, the Philippines?

And does her pregnancy have any affect on the application?

I think that if you can answer that then I have a satisfactory answer. Please feel free to add anything else which occurs to you.

Thanks for your help.

p.s I was worried about proving 2 years cohabitation because of

p.p.s I sent a request for info to who replied (in part), "If you cannot show earnings overseas and do not have substantial savings (£62,500) then you will need to get a job in the UK, and be in that job for six months, before you can sponsor your partner to come to the UK."

Is that the case? Do I really have to wait 6 months, or can I apply as soon as I have a contract of employment? I dont see that anywhere on the application form, but I suppose they don't go into such "edge cases"

p.p.p.s an other replied " That you (as the UK Citizen) have had an income of at least £18,600 in the 12 months prior to application and have a job offer with at least that salary in the UK starting within 3 months of arrival". Which, since I drew no salary from my own company ( a minimal 1k / month), seems to imply that it will be a year before I see my finacee and child

The 2 year period is for application as an unmarried partner. Your application is for a fiancée visa, which is different.
You will need to be working in the UK for 6 months and earning above the £18,600 limit before you can sponsor her for a fiancée visa. Your child may be a British citizen at birth assuming you were born in the UK.
If she has residency in Singapore, she may apply from there, otherwise Phillippines, it does not really matter which of the two countries she applies from as far as the UK fiancée visa requirements are concerned.
If you have savings of at least £62500 for 6 months at least, she will qualify immediately.
all the best, ***** ***** feedback
Customer: replied 3 years ago.

Thanks :-(

Is there any way at all to get around that 6 months? Because at that point she will be too pregnant to fly, which would mean that I would miss her pregnancy & the birth & our child would be born in the Philippines.

Could I employ her as a domestic helper?

German law says one may not enter as a tourist with the intention to marry, but may, after so entering, "spontaneously decide" to marry.

Would it work the same way in the UK?

No way around the 6 months.
UK law specifies that the proper visa must be held to get married in the UK.
I am afraid your original questions have been answered and you have not yet left feedback. Please ask any further questions on a new question.
UKSolicitorJA and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok, thanks so very much.

Can I be cheeky and ask one last thing? Do I still have the 6 month wait of I fly to Singapore tomorrow & marry her, then apply for a wife visa?

I really do appreciate your excellent help