Uk Fiance Settlement Visa

[kp86]

My fiance has been granted a 6 month UK Settlement visa with a view to apply for FLR after we marry. I have a couple of queries:

1) I have booked him on a one-way flight - Is this ok? I assumed that as he has a settlement visa he would not require a return flight? Also the flight stops in Bahrain for 1hour - will he need a transit visa for this?

2) Will he now be entitled to NHS care or does he still need to get some travel/medical insurance?

Many thanks in advance!

[Tee2008]

My views, for what they are worth are: -

Legally he does not require a return ticket as long as he, or you, can show that, if necessary, you can pay for any return ticket. That said, the airline may have a policy of requiring their passengers to hold return tickets in case they should be refused entry to UK on arrival. That is purely an airline policy and it may be worth asking the airline ( presumably Gulf Air ) if a single ticket is ok. The visa he holds is not a settlement visa, I think, but a six - month mariage/visit visa ?

He does not require a transit visa for Bahrain ( assuming he is a Thai national ? ) as long as he is remaining in the transit/airside area, not seeking entry to Bahrain, and his onward flight to UK is within 8 hours. Should his onward flight be departing more than 8 hours after his arrival in Bahrain, he can get a transit visa for about 5 Pounds.

He will not be entitled to NHS treatment if he arrives with a marriage/visit visa. After your marriage, and once he has obtained leave to remain as your spouse, he will be entitled to NHS treatment.

If the above is incorrect some learned colleagues will put you right.

[louialive]

I didn't think there was such a thing as a 6 month settlement visa. They are normally 27 months. Do you perhaps mean a visitors visa as these are 6 months

[kp86]

Sorry I didn't explain myself very well. He has been granted a fiance settlement visa which is valid providing he marries before 6 months after entering UK. Once married we then apply for FLR in UK. It is a settlement visa but just conditional upon marriage.

thanks for all info already provided.

[Stjohnm]

Normally NHS care for non EU nationals is only available after they have been working legally and paying tax for 6 months, I'm not entirely sure if marriage to a UK national is an automatic qualifier any more. I asked the embassy the same thing re my wife and their reply was it was at the discretion of the local health authority as to whether they'd pay for any treatment if she need a Dr during the 6 month window.

[CharlieB]

Sorry I didn't explain myself very well. He has been granted a fiance settlement visa which is valid providing he marries before 6 months after entering UK. Once married we then apply for FLR in UK. It is a settlement visa but just conditional upon marriage.

thanks for all info already provided.

My wife wa sable to sign on as a private patient at my surgery and change to NHS after 6 months living in the UK and proof of address/entry stamp. You may be lucky that your surgery may just sign him on. Luckily my wife wasn't ill during this 6 months. This was on a 6 month fiance visa too. I think if he was on a 2 year spouse visa he would be ok to sign up straight away.

Edited April 29, 2010 by CharlieB

[Thongkorn]

Normally NHS care for non EU nationals is only available after they have been working legally and paying tax for 6 months, I'm not entirely sure if marriage to a UK national is an automatic qualifier any more. I asked the embassy the same thing re my wife and their reply was it was at the discretion of the local health authority as to whether they'd pay for any treatment if she need a Dr during the 6 month window.

My Thai wife has a National insurance number and she is entitled to NHS treatment because she is married to A UK national, She can be registered at a Doctors If she has a settlement visa which you will apply for when you have married. See the rights of a person to the UK on a settlement visa.

Edited April 29, 2010 by Thongkorn

[Bukseeda]

1. single ticket is fine

2. nhs treatment is free. a surgery may not accept him for registration until you have the two year visa. If he needs treatment however, the PCT (and therefore the surgery) is obliged to see him. You will however have to pay prescription charges. No medical insurance is necessary.

[Bukseeda]

Sorry I didn't explain myself very well. He has been granted a fiance settlement visa which is valid providing he marries before 6 months after entering UK. Once married we then apply for FLR in UK. It is a settlement visa but just conditional upon marriage.

thanks for all info already provided.

My wife wa sable to sign on as a private patient at my surgery and change to NHS after 6 months living in the UK and proof of address/entry stamp. You may be lucky that your surgery may just sign him on. Luckily my wife wasn't ill during this 6 months. This was on a 6 month fiance visa too. I think if he was on a 2 year spouse visa he would be ok to sign up straight away.

My local surgery tried to play the private patient route as well but I got them to call the PCT and they were told they should provide free treatment.

[7by7]

Just to clarify.

A six month fiance visa is a settlement visa. The intention is to settle in the UK once married.

Therefore neither a return ticket nor the funds to purchase one are required.

Provided he does not leave the airside transit area, he will not need a visa for Bahrain.

As he will enter the UK for a 'settled purpose' he is classed as a resident and so will be entitled to NHS treatment from day one; though he cannot work until after the marriage and he has FLR.

[johnsurin]

I will PM you a website of an ex-sponsor of this forum who will be able to answer all your questions and help you deal with any future visa applications. His name is Ralph and he has just done my wifes' Indefinate Leave to Remain, which we got with no problems. You can call him and he is very reasonably priced.

I suggest when your fiance arrives you get some utility bills put in his name (even if you pay them), so that you have some sort of legitimate proof of living at the same address, as the UKBA will not accept your word on this.

John.

[Bukseeda]

to add to john's advice: if you're claiming single person's discount on council tax, you need to tell the council that he is now living with you.

[7by7]

To expand a little.

Once you are married your husband (as he will then be) applies for Further Leave to Remain using form FLR(M). See Completing application form FLR(M). He can do this as soon as you are married and does not have to wait until his current visa expires. Once he has FLR he can work, so can also apply for a national insurance number; see Applying for a National Insurance number.

Remember that although he cannot claim public funds until he has ILR, you can. This includes tax credits, which a married couple have to claim jointly; so his name can be included in the claim. See No recourse to public funds for more details.

FLR lasts for 24 months and at the end of that period, assuming he meets all the requirements, he applies for Indefinite Leave to Remain. The main requirement for ILR is demonstrating that he has sufficient knowledge of life and language in the UK and that your relationship is still subsisting and has been for the full 24 months. See Demonstrating your knowledge of language and life in the UK and Completing application form SET(M).

As said above, one of the requirements for ILR is to demonstrate that you have been living together by providing letters addressed to you both jointly or individually. Official letters from the DWP re his NI number and the HMRC re a tax credit claim or his tax coding will obviously be ideal for this.

Finally, as you can see from the links above, both a FLR application and an ILR one are very straightforward, and I see no reason for employing an agent to help you with either of them; but if you want to pay an agent to fill the form in for you, that is your choice.

[kp86]

Thanks all for the advice. My fiance will land in the UK on Tuesday so will get the ball rolling on the doctors front then.

John - thanks for the info and the pm. I rent a studio from my step-father so his name will be added to the lease when he arrives, but will defintely look into getting his name on some bills aswell.

7by7 - thanks for your useful advice as always. Luckily I have never needed to recourse to any puclic funds so hopefully this should not be an issue for us.

One last question, a bit off topic - can he apply for a Schengen visa whilst in the UK now or will he need to wait for his FLR to be granted? He has some friends in Sweden he'd like to visit. Not sure if anyone will know the answer?

Thank you so much for everyones replies, I doubt we would have even got his first visitor visa if it wasn't for this forum!

[jasonr3255]

Thanks all for the advice. My fiance will land in the UK on Tuesday so will get the ball rolling on the doctors front then.

John - thanks for the info and the pm. I rent a studio from my step-father so his name will be added to the lease when he arrives, but will defintely look into getting his name on some bills aswell.

7by7 - thanks for your useful advice as always. Luckily I have never needed to recourse to any puclic funds so hopefully this should not be an issue for us.

One last question, a bit off topic - can he apply for a Schengen visa whilst in the UK now or will he need to wait for his FLR to be granted? He has some friends in Sweden he'd like to visit. Not sure if anyone will know the answer?

Thank you so much for everyones replies, I doubt we would have even got his first visitor visa if it wasn't for this forum!

FLR and ILR can only be applied for once the full 2yr settlement visa has run its course and to reconfirm that if you look at the form for applying for ILR or FLR it states that you can not submit your application more than 30 days before your settlement visa expires. getting married will not give you automatic right to apply for ILR or FLR, You will have to wait 2yrs and prove you have been cohabiting for that period to apply for FLR. ILR will require passing the life in the UK test or graduating from Level 1 ESOL course. as for your shengzen visa just apply to the countries embassy where you will be staying the longest.

Good Luck.....!

[7by7]

Sorry, Jason, but you are wrong.

FLR can be applied for at any time after one has met the required qualification; no minimum time is mentioned anywhere in the rules or guidance.

From FLR(M) Guidance Notes

5 WHEN TO APPLY

You and any children under 18 applying with you should apply before the end of your/their permitted stay in the UK.

In the case of someone entering on a fiance visa, the required qualification is that they have married their partner. Immigration Rules

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules......and

(ii) is married to or the civil partner of a person present and settled in the United Kingdom.......

ILR does have a minimum time qualification. If one entered with a 27 month spouse visa then this is after one has been in the UK for a minimum of 24 months, if one entered as a fiance and then received FLR it is after one has held FLR for a minimum of 24 months.

If one has met the time requirement for ILR but not one of the others, usually the KOL, then they can apply for FLR, which will be for another 24 months. However, they do not have to wait to the end of this period before applying for ILR but can do so once the relevant requirement has been satisfied.

One can apply for ILR no sooner than 28 days before the time requirement has been met, not 30.

Since being introduced by Labour, the fees for both FLR and ILR have annually increased above inflation, and there is no reason to suspect that any new government will change this policy. So it makes sense, to me, to apply as soon as one is qualified.

You are, however, correct about the Schengen visa. A person who has entered the UK as a fiance is classed as a UK resident so can apply in the UK. However, until the marriage has taken place they are not the spouse of an EU citizen, so the concessions that apply to those persons will not apply to them; i.e. they will have to complete the whole form and pay the fee, whereas spouses of EU citizens only complete a small part of the form and do not pay a fee.

So, kp86, it would be better to wait until after your marriage before visiting his friends in Sweden.

[jasonr3255]

Sorry, Jason, but you are wrong.

FLR can be applied for at any time after one has met the required qualification; no minimum time is mentioned anywhere in the rules or guidance.

From FLR(M) Guidance Notes

5 WHEN TO APPLY

You and any children under 18 applying with you should apply before the end of your/their permitted stay in the UK.

In the case of someone entering on a fiance visa, the required qualification is that they have married their partner. Immigration Rules

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules......and

(ii) is married to or the civil partner of a person present and settled in the United Kingdom.......

ILR does have a minimum time qualification. If one entered with a 27 month spouse visa then this is after one has been in the UK for a minimum of 24 months, if one entered as a fiance and then received FLR it is after one has held FLR for a minimum of 24 months.

If one has met the time requirement for ILR but not one of the others, usually the KOL, then they can apply for FLR, which will be for another 24 months. However, they do not have to wait to the end of this period before applying for ILR but can do so once the relevant requirement has been satisfied.

One can apply for ILR no sooner than 28 days before the time requirement has been met, not 30.

Since being introduced by Labour, the fees for both FLR and ILR have annually increased above inflation, and there is no reason to suspect that any new government will change this policy. So it makes sense, to me, to apply as soon as one is qualified.

You are, however, correct about the Schengen visa. A person who has entered the UK as a fiance is classed as a UK resident so can apply in the UK. However, until the marriage has taken place they are not the spouse of an EU citizen, so the concessions that apply to those persons will not apply to them; i.e. they will have to complete the whole form and pay the fee, whereas spouses of EU citizens only complete a small part of the form and do not pay a fee.

So, kp86, it would be better to wait until after your marriage before visiting his friends in Sweden.

2 QUALIFYING FOR AN EXTENSION OF STAY

To qualify for an extension of stay in the categories for which you have to use form FLR(M), you must meet the relevant requirements in Part 8 Section 1 of the Immigration Rules, which are on our website.

If you are applying for an extension of stay (rather than indefinite leave to remain) even though you have completed or are about to complete 2 years’ permitted stay as the partner of the same person, give the reason in section 4 of the application form and explain in more detail in a letter if necessary.

The above assumes you have completed or are about to complete 2yrs stay before applying for FLR, otherwise why would you apply for a further 2yrs when you would'nt have even completed your first 2yrs, hence why its called further leave to remain.

hope this clarifies it for you.

[7by7]

Relevant requirements. What you have quoted applies to persons who are time qualified for ILR but do not meet one of the other requirements, usually KOL.

The relevant requirement for FLR in the case of a person who entered the UK with a fiance visa is that the marriage has now taken place. As a fiance visa is only valid for 6 months this has to happen within that time; as does the FLR application. If someone who entered the UK with a fiance visa waited until they had been in the UK for 24 months before applying for FLR (or didn't apply for FLR at all and waited for 24 months before applying for ILR) then their fiance visa would have expired and they would have been in the UK illegally for 18 months!

As one of the requirements of both FLR and ILR is that the applicant holds a current, valid leave to enter/remain then any such application would be refused, and they would probably be removed.

Another example of where someone would apply for FLR after less than 24 months is a spouse who delayed their journey to the UK for more than 3 months after their spouse visa began. They would not have completed 24 months in the UK so would not be time qualified for ILR and would have to apply for FLR in order to remain legally in the UK and complete the 24 months required for ILR.

Hope that clarifies it for you.

Edited May 3, 2010 by 7by7

[jasonr3255]

You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply to the UK Border Agency for a two-year extension to your visa. When you do this you will be required to pay a non-refundable fee and provide certain documents as specified on the UK Border Agency website: Form FLR (M) and guidance notes. If your application is granted you will be allowed to work. Before the end of your probationary two years Further Leave to Remain (FLR) you will need to apply to the UK Border Agency for Indefinite Leave to Remain (ILR) in the UK. When you do this you will be required to pay a further non-refundable fee and provide more documents as specified on the UK Border Agency website: Form SET (M) and guidance notes. Before we can give you permission to stay in the UK permanently, you will need to pass the 'Life in the UK' test.

My apology, you are correct, My wife came to the UK as an umarried partner at the time and 2yrs is granted immediately. we married during her 2yr settlement.

Regards

Jason

[7by7]

No problem. I would be a liar were I to say that I have never posted something I thought was correct only to find out that I was wrong. (Still do sometimes !)

Have a good one.