Settlement Visa Worries

[El_Roberto]

To put you in the picture:

My GF has been here now for 6 months following being awarded a tourist visa, she is due to return on the 7th(Im gutted).

We have decided to get married having been together now for 5 years(lived with her in Thailand for the last 4). She is going back and is going to apply for a Fiance visa.

My worries are that she will be refused because

A. They may feel I don't have enough money to support her(25k a year)

B. I have no savings.

C. I am renting

Some 'evidence' we're putting together Includes a letter from my dad saying he will support us financially 100% and should we need to we can stay at one of his houses rent free, also, a letter of potential employment for her outlining a job role and competitive wage and finally have a letter from my landlady, who is a childhood friend, suggesting she is very happy to have my GF here and we have more than enough room in the house and I have been exemplary with paying the rent.Im hoping these will help....your thoughts? What else could I get that will aid her application?

Scouse? What do you think? Are my fears well founded? Should I get my MP involved?

How long do you think it will take for her to come back? 3 months?

Thankyou very, very much for all your help,

Rob

[GU22]

We have decided to get married having been together now for 5 years(lived with her in Thailand for the last 4). She is going back and is going to apply for a Fiance visa.

Can you can prove that you have been living together in a relationship akin to marriage for more than two years? If so, then go for an unmarried partners visa. See How do I qualify to join my unmarried or same sex partner in the UK? If you can show that you have been living together for 5 years then she can bypass the whole settlement visa process and go directly for Indefinite Leave to Enter.

If you and your unmarried or same-sex partner have been living together outside the UK for four years or more, and they have been a British citizen for four years or more, there will be no time limit on how long you can stay in the UK.

See also Diplomatic Service Procedures - Entry clearance Para 13.13 Unmarried partners and how they qualify.

Nothing to stop getting married at some stage in the future, of course.

My worries are that she will be refused because

A. They may feel I don't have enough money to support her(25k a year)

B. I have no savings.

C. I am renting

From what you have said you should not have any problems on these points. Edited June 1, 2006 by GU22

[GU22]

Rob,

I've been re-reading your old threads, and I see that I said to you in this one

gnore my suggestion about unmarried partners. From what you have said you and your g/f don't qualify.

However, in 13.13 of the DSPs it says

The parties having been living together in a relationship akin to marriage which has subsisted for two years or more

"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.

(My emphasis)

So it is possible that you do qualify.

[El_Roberto]

Rob,

I've been re-reading your old threads, and I see that I said to you in this one

gnore my suggestion about unmarried partners. From what you have said you and your g/f don't qualify.

However, in 13.13 of the DSPs it says

The parties having been living together in a relationship akin to marriage which has subsisted for two years or more

"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.

(My emphasis)

So it is possible that you do qualify.

Possibly, since May 2001 we have only been apart for 9 months, this was Feb 2005 when I returned to the UK so I could secure a job with a view to my GF coming over after I was secure.

However, when I was in Thailand I was there as a tourist, going to Cambodia every month with Jacks Golf!!!!

I’m not sure if my name would be on anything, we could however go back to the condo’s we were staying at and get letters? What do you think?

GU22, you are always a great help,

Robert

[the scouser]

I wouldn't risk going the unmarried partner route. Refusal is not going to necessarily jeopardise a subsequent application, but it will involve extra cost, and, to be honest, I think a nine-month break would be construed as too long apart.

Irrespective of which type of settlement visa you opt for, the factors which you mentioned are nothing to worry about. A salary of £25,000 p.a. is more than adequate to sustain 2 people (depending upon how much in hock you are), it is not a requirement to have any savings providing that your income is sufficient, and, in terms of accommodation, the fact that you rent is not an issue as long as you have confirmation from your landlady that she is content for your fiancée to live in the house with you and that you have at least one bedroom for your exclusive use. If you wish to strengthen your financial standing, then there's no harm in additionally supporting the application with a letter from your father, offering assistance if required. He would, however, have to manifest his ability to give such help; i.e. supply his own bank statements and evidence of income.

Cheers,

Scouse.

[El_Roberto]

I wouldn't risk going the unmarried partner route. Refusal is not going to necessarily jeopardise a subsequent application, but it will involve extra cost, and, to be honest, I think a nine-month break would be construed as too long apart.

Irrespective of which type of settlement visa you opt for, the factors which you mentioned are nothing to worry about. A salary of £25,000 p.a. is more than adequate to sustain 2 people (depending upon how much in hock you are), it is not a requirement to have any savings providing that your income is sufficient, and, in terms of accommodation, the fact that you rent is not an issue as long as you have confirmation from your landlady that she is content for your fiancée to live in the house with you and that you have at least one bedroom for your exclusive use. If you wish to strengthen your financial standing, then there's no harm in additionally supporting the application with a letter from your father, offering assistance if required. He would, however, have to manifest his ability to give such help; i.e. supply his own bank statements and evidence of income.

Cheers,

Scouse.

In conclusion, from the information you know about me, GU22, Scouse, what potential problems can you forsee?? Anything that maybe I haven't considered. Have tried to book registrar etc. but they have told me to get my GF new Visa first so I cannot provide proof that we will be married!?!

Im so paranoid about her being refused, I was thinking about getting my local MP involved!?!

[the scouser]

I wouldn't get your MP involved just for the sake of it. It's likely that s/he might not want to get involved at the initial stage where the application is yet to be considered.

From the information you have posted here, I think you've got as good a chance as any; perhaps more so because you've known your fiancée for so long. The key is going to be providing evidence of your relationship for the entire period that you've known each other.

Scouse.

[GU22]

I wouldn't risk going the unmarried partner route. Refusal is not going to necessarily jeopardise a subsequent application, but it will involve extra cost, and, to be honest, I think a nine-month break would be construed as too long apart.

Scouse has far more experience than I in this area, and 9 months is a long time (the guidelines do say a max of 6 months) which is a shame.

From what you have posted, I can see no reason for any problems with either a fiance or a spouse visa. I can also see no need to involve your father, either, you have enough on your own.

Provide:-

1) Wage/salary slips and bank statements for the last 6 months to show your financial position.

2) Details of the accommodation available, i.e. number and type of rooms, who else lives there and how many rooms are for your exclusive use. A letter from your landlady confirming that the accommodation is suitable and that you and your fiance can live there.

3) As much evidence as you can of the relationship and it's longevity. Although they have, presumably, already accepted that the relationship is genuine as they issued her a visit visa on the strength of it (did they? Or was some other reason given for her visiting the UK?)

4) Any other documents on the relevant checklist (see below) or that you feel will help.

If you haven't already done so, have a read of:-

Guidance - Husbands, wives and partners (INF 4)

VFS application centre website especially:-

Fiance checklist (pdf)

Spouse checklist (pdf)

Edited June 2, 2006 by GU22

[El_Roberto]

I wouldn't risk going the unmarried partner route. Refusal is not going to necessarily jeopardise a subsequent application, but it will involve extra cost, and, to be honest, I think a nine-month break would be construed as too long apart.

Scouse has far more experience than I in this area, and 9 months is a long time (the guidelines do say a max of 6 months) which is a shame.

From what you have posted, I can see no reason for any problems with either a fiance or a spouse visa. I can also see no need to involve your father, either, you have enough on your own.

Provide:-

1) Wage/salary slips and bank statements for the last 6 months to show your financial position.

2) Details of the accommodation available, i.e. number and type of rooms, who else lives there and how many rooms are for your exclusive use. A letter from your landlady confirming that the accommodation is suitable and that you and your fiance can live there.

3) As much evidence as you can of the relationship and it's longevity. Although they have, presumably, already accepted that the relationship is genuine as they issued her a visit visa on the strength of it (did they? Or was some other reason given for her visiting the UK?)

4) Any other documents on the relevant checklist (see below) or that you feel will help.

If you haven't already done so, have a read of:-

Guidance - Husbands, wives and partners (INF 4)

VFS application centre website especially:-

Fiance checklist (pdf)

Spouse checklist (pdf)

Thankyou both, the only thing that is left to concern me is the fact that on the checklist GU22 provided the link for they ask for evidence of the marriage, where, when etc. How am I supposed to provide this evidence when I can't do anything but enquire at this stage as my GF doesn't have the correct visa!!!

GU22 to answer your question, My Dad sponsered her for her Visit Visa, I had only recently returned and was out of work at the time. We did write a big letter to suggest she was coming over to meet the rest of the family etc. in prep for marriage.

[the scouser]

Rob,

You're quite right that you can't make a formal booking for the marriage at this point as your fiancée has to be in the UK in order to do so. However, some other members have commented that they made provisional bookings so they could at least show a date to the embassy. Failing that, you should ensure that you have a general idea of when you intend to marry, where it will be, how many people are likely to attend, whether you're going to have a piss-up, etc. This then demonstrates to the visa officer that plans are afoot and some thought has gone in to the process. Also make sure that your fiancée is aware, too, as, should she be interviewed, the visa officer is likely to ask such questions.

Cheers,

Scouse.

[GU22]

GU22 to answer your question, My Dad sponsered her for her Visit Visa, I had only recently returned and was out of work at the time. We did write a big letter to suggest she was coming over to meet the rest of the family etc. in prep for marriage.

Then they have already accepted that the relationship is genuine, so cannot query it now.

You can show sufficient income and adequate accommodation too.

I cannot see any reason for them needing to interview her, let alone consider refusing.

But as Scouse says, show them that you have made plans for the wedding, include these in a covering letter with the application. Something like:

"As you know, we are unable to make a definite booking with a registry office until Miss X is in the UK with her fiance visa, but hope to be able to book our wedding for x date at y registry office........"

Make sure that if she is interviewed she is aware of what you have said in the letter.

[El_Roberto]

GU22 to answer your question, My Dad sponsered her for her Visit Visa, I had only recently returned and was out of work at the time. We did write a big letter to suggest she was coming over to meet the rest of the family etc. in prep for marriage.

Then they have already accepted that the relationship is genuine, so cannot query it now.

You can show sufficient income and adequate accommodation too.

I cannot see any reason for them needing to interview her, let alone consider refusing.

But as Scouse says, show them that you have made plans for the wedding, include these in a covering letter with the application. Something like:

"As you know, we are unable to make a definite booking with a registry office until Miss X is in the UK with her fiance visa, but hope to be able to book our wedding for x date at y registry office........"

Make sure that if she is interviewed she is aware of what you have said in the letter.

Well, tis in fates hand now!

My GF flies back today, she will apply for her Fiancee visa immeadiately upon returning.

How long do you guys suspect it may take to get a decsion? GU22 you mentioned she may not even need an interview? I trust this would speed up the process somewhat?

I have collated everything on the list that is provided through that link above. Plus, she has written job offers suggesting if she had the correct visa the company would employ her without hesitation. and my Dad has written a great letter which supports her claim by suggesting he would have no problem allowing us to live in one of his houses rent free if need be, he included two sets of deeds to prove ownership.

I really am still concerned about being refused!! Thanks very much to both of you, I'll let you know how it goes!

Rob

[GU22]

How long do you guys suspect it may take to get a decsion? GU22 you mentioned she may not even need an interview? I trust this would speed up the process somewhat?

If the documentary evidence submitted with the initial application is sufficient to satisfy the ECO so that s/he is "minded to grant" the visa then she will not need an interview. In which case, based on the reports of successful applicants, she should get her visa in about 6 days.

However, if she does need an interview then she will join the queue. Unless there are exceptional compassionate reasons, interviews are allocated strictly on a first come; first served basis. Current waiting times for an interview are approximately 13 weeks. See How long does it take to get a UK visa?

[lamonster]

Rob,

You're quite right that you can't make a formal booking for the marriage at this point as your fiancée has to be in the UK in order to do so. However, some other members have commented that they made provisional bookings so they could at least show a date to the embassy. Failing that, you should ensure that you have a general idea of when you intend to marry, where it will be, how many people are likely to attend, whether you're going to have a piss-up, etc. This then demonstrates to the visa officer that plans are afoot and some thought has gone in to the process. Also make sure that your fiancée is aware, too, as, should she be interviewed, the visa officer is likely to ask such questions.

Cheers,

Scouse.

I can confirm that my local registry office were very understading and sent me a provisional booking for a date, they sent out a letter on headed paper. My solicitor on the other hand said this was way over the top and shouldn't be required in any case. And one of the reasons my gf was refused in the first place was that we had made no definite plans to get married i.e. dates and venues etc (but thats another story! )