Question regarding "family of a settled person" visa

[southerndb]

Hi all,

I'm just starting to get my head round all the immigration rules, but hopefully someone can help with this question....

I'm a UK citizen, my girlfriend is a non-EEA citizen. In the future we're hoping to get married, and then for her to move back to the UK under a family of a settled person visa.

Looking through the requirements, it states that you need to meet the financial requirement of £18,600 p.a. Does that mean that she needs to be earning this much, or that I do?

If someone can help me out that would be grand! (apologies if this has been asked before!)

Cheers,

DB

[Casa]

As the sponsor, you need to be earning at least £18,600 per annum unless you have substantial savings to make up the shortfall.

[southerndb]

Hi Casa,

Thanks for confirming. That actually makes sense now that I think about!

Appreciate the advice

DB

[Casa]

You're welcome.

[southerndb]

Hi all,

I'm hoping someone might be able to give my girlfriend and I some advice.

I'm a UK citizen, work full time, and a home owner. My girlfriend is a Kazakh national who is currently on a Tier 4 student visa which is due to expire at the end of January 2015, now that she has finished her masters degree.

We met in March 2014, and in August 2014 she moved in with me. I registered her with the local council and she is now paying council tax.

Since finishing her degree she has been looking for job with a Tier 2 sponsor but has had no luck so far.

We're trying to find a way that would allow her to continue her stay in the UK, so that:

1. We can continue to be together.

2. Ultimately for her to find a job here.

Does anyone know if there are any options that would be available to us (extensions/different types of visa)? We're both 100% sure that we want to be together, and whilst going down the marriage is an option we both feel that it would be the wrong reason to do it so soon (it kind of takes the importance away).

I've been trying to make sense of the rules, but they can be quite confusing.

Apologies for the rambling message, but if anyone has any advice, or experience that they can share, it would be much appreciated.

DB

[Wanderer]

Other than marriage or the extremely remote chance of a T2G, unlikely as its difficult to justify sponsoring someone for a highly skilled role who has no experience, best option is another student visa to rack up two years living together for an Unmarried partner visa in 2016.

[southerndb]

Hi all,

Can I just confirm that I've understood the process for applying for a marriage visa/right to remain with a family member correctly.

My girlfriend and I apply for the marriage visa first so that we can get married in the UK (she will be outside of the UK at this point).

Once granted she can stay for 6 months on this visa before having to leave and during this time we have the ceremony.

Within that 6 months we can then apply for her to "remain in the UK with family".

As we've been together less than 2 years, we can only apply down the 2 year route.

Is that correct way of doing it?

I'm also wondering how successful the route is? Are the UKBA really tough on these sorts of visas? In other words, are my girlfriend and I doomed?

Cheers,

DB

[Casa]

You don't need to have been in a relationship for 2 years. You're confusing this with the Unmarried Partner visa. Apply for a fiance visa - VAF4a and marry within 6 months. Immediately after the wedding apply for a spouse visa on form FLR(M) which will grant a 2.5 year extension. After the initial 2.5 year period your wife will have to apply for a further 2.5 year extension before qualifying for permanent residence - ILR.
Most importantly, in order to meet the financial condition, you must show that you as the sponsor, are earning a minimum of £18,600 per annum.
https://www.gov.uk/join-family-in-uk

[vinny]

If she is already in the UK with leave granted for over six months, then can you marry her before her leave expires? Then she may apply directly for FLR(M) (5-year route, Appendix FM-SE, Guidance).

[Casa]

Thanks Vinny. I'm guessing that threads have been merged, so I missed the original information.

[southerndb]

Hi all,

Many thanks for all the advice, really appreciate it.

Vinny, did you mean that she needs 6 months left on her current visa? Unfortunately her Tier 4 visa expires at the end of Jan, so I think we're cutting it a bit fine for applying for everything.

DB

[MPH80]

What Vinny meant was that if she was already in the UK where the current visa she was on was for longer than 6 months (not 6 months remaining but the original grant was longer than 6 months) then you can marry and apply for the spouse visa directly in the UK.

Given you only have to give 15 days notice - you could be married by mid-December if you gave notice today and have the visa application in the post the following day if she meets all the requirements.

As long as the new visa is applied for while the old visa is valid - it doesn't matter if UKBA take 10 years to make a decision - her current leave continues until the decision is made. The problems start if you apply AFTER the visa expires.

M.

[vinny]

Yes, thanks. I've edited my previous post accordingly by adding the word "granted".

I did merge the threads together as Casa correctly summised.

[southerndb]

Hi Guys,

Thanks for all the advice, and merging my posts....helps keep all my thoughts in the same place!

Would another option be to apply for a marriage/fiance visa now before her student visa expires, thus giving us 6 months to plan, organise and get married before applying down FLR(M) route?

If she returns to her country, would it be harder to get a marriage visa approved and for her to get back across?

Apologies for asking more questions, but I want to make sure I understand all of the options available to us.

Cheers,

DB

[Rayking]

No,it shouldn't be difficult. You can get married here or any other place. You might need to proof you've be communicating with each other though.
She might get fiancee visa too but she will have to go back first,because she can't get it from withing UK. This also depend on if you're ready to spend 885+,then 600+ thereafter.
As long as you meet ALL the requirements, it will be approved.