Unmarried Partner OR Fiance Visa?

[LewisJG]

I am a 23 year old British Citizen who wants my 19 year old partner in the US to live with me instead of what we did the first time which was a 6 month visitor visa to find out we couldn't switch to another. I would love some advice please.

I have known her for at least 3 years, and been in a relationship with her for a little over 2 years. I wanted to do the umarried partner visa but I am unsure what "living together for at least two years in a relationship similar to marriage" means because obviously if i was living in a physical sense with someone for that long I likely wouldn't be applying for a visa. Is the requirement then that I live with them in a day to day relationship sense and not physically with?

Our situation is that we talked on the internet for a while, she stayed with me for just under 6 months, we got on famously as expected and now I am in the US with her for the next few months trying to get her a visa so she can live with me.

1) Is the unmarried partner route accessible to us?

2) if I was to marry her (apply as a fiance visa) would that, in your opinion, be a better route than unmarried partner? the issue with the fiance route is its a lot of spare money to find for only 6 months, then reapplying for a different visa, but I heard it was easier to get than the unmarried partner route but that grants you 30 months.

Any additional advice and help on how to make it so she can join me in the UK would be appreciated. Thankyou. Lewis.

[vinny]

1. Probably no.

2. Perhaps better to marry in the USA, as you are both already there, and then apply for a spouse visa.

[Casa]

Are you earning at least £18,600 per annum or have substantial savings?

[LewisJG]

No I don't earn 18.6k per annum, but I just need to demonstrate that she would be adequately maintained, which means that after tax and rent, we have available to us a level of income (as a minimum) the same as income support. So for a couple that is 114.85. That is their minimum. I have read on here people using their benefits as income, and if you get DLA you dont have to meet the 18.6k pepr annum but only to show she would be "adequately maintained".

Still the part that concerns me is the "living together for at least two years in a relationship similar to marriage" line. I previously asked UVKI helpline who were not v helpful as I asked 4 different people and got 2 different answers twice....

[Rayking]

No I don't earn 18.6k per annum, but I just need to demonstrate that she would be adequately maintained, which means that after tax and rent, we have available to us a level of income (as a minimum) the same as income support. So for a couple that is 114.85. That is their minimum. I have read on here people using their benefits as income, and if you get DLA you dont have to meet the 18.6k pepr annum but only to show she would be "adequately maintained".

Still the part that concerns me is the "living together for at least two years in a relationship similar to marriage" line. I previously asked UVKI helpline who were not v helpful as I asked 4 different people and got 2 different answers twice....

Living together doesn't apply to you if you get married there,there's no law that says you must live together before marriage.
Get married there,take pictures, prove that you do communicate in the last 6 months, and since you don't have to meet financial requirement, you're ready to go,provided you meet other requirements.

[Casa]

You're right that you have to show that you have been living together in a relationship 'akin to marriage' for a minimum of 2 years. Apart from the 2 year co-habitation (which you don't appear to have) you would have to submit proof of not only a joint address, but also of joint commitments that you would expect to see in a marriage..joint responsibility for bills and finances, tenancy agreement or mortgage etc.
Do you claim DLA? If not, 'adequate maintenance' won't be sufficient, you would have to meet the minimum income of £18,600 pa or have savings over £16,000 to make up the shortfall.
Rayking is of course correct that if you choose to marry, the 2 year co-habitation isn't required.

[WR1]

No I don't earn 18.6k per annum, but I just need to demonstrate that she would be adequately maintained, which means that after tax and rent, we have available to us a level of income (as a minimum) the same as income support. So for a couple that is 114.85. That is their minimum. I have read on here people using their benefits as income, and if you get DLA you dont have to meet the 18.6k pepr annum but only to show she would be "adequately maintained".

Do you have a disability that exempts you from meeting the financial requirements.

The Home Office changed the rules about adequate maintenance back in July 2012, now the requirement is that you must be
earning a minimum of £18,600 per annum. Those applying after July 2012 need to meet this criteria. Only those that applied prior to July 2012 are under the old rules are using the adequate maintenance (which is what you have been reading).

[LewisJG]

I do claim DLA and ESA yes, and it says in https://www.gov.uk/government/uploads/s ... rement.pdf under 3.6.1 that;

Where the applicant’s partner is in receipt of any of the following benefits or allowances
in the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
 Carer’s Allowance.
 Disability Living Allowance.
 Severe Disablement Allowance.
 Industrial Injuries Disablement Benefit.
 Attendance Allowance.
 Personal Independence Payment.
 Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
 Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances on
behalf of their child, the applicant will be able to qualify by meeting the financial
requirement through “adequate maintenance”.
3.6.3. The evidence required to demonstrate that the applicant’s partner is in receipt of a
specified benefit or allowance is specified in Appendix FM-SE:

I found this by way of the page https://www.gov.uk/join-family-in-uk/eligibility and clicking the financial requirement link.

Do you mean to tell me this is not correct?

Also we have since I posted been discussing marrying here and applying for a married partner visa isntead of the unmarried partner or fiance route which would be better providing we can get marreid here. I am currently researching this but I would like to know. Can we get married here then apply for the different visa for her, and if so how do we get married here?

Thank you for all your input. Lewis

[LewisJG]

I am and have been researching this heavily right now, but wondered if someone might know.

I am a British citizen, currently in the USA with my girlfriend who wants to live in the UK, and want to marry my girlfriend in the US. I am currently here on an ESTA (visa waiver program) and want to know if I can marry her. From what I have read I believe I can but customs and border patrol may be funny about whether that was my intention from the start of my visit, because some people switch to a green card that way, but it absolutely was not. Neither of us want to stay in the US, and want to leave in June to live in the UK. It would be great if we could get married in the US instead of the UK and then she can come back to the UK on a spouse visa.

Anyone have any knowledge, experience or advice on this topic and how to do it?

Thank you, Lewis.

[physicskate]

I am and have been researching this heavily right now, but wondered if someone might know.

I am a British citizen, currently in the USA with my girlfriend who wants to live in the UK, and want to marry my girlfriend in the US. I am currently here on an ESTA (visa waiver program) and want to know if I can marry her. From what I have read I believe I can but customs and border patrol may be funny about whether that was my intention from the start of my visit, because some people switch to a green card that way, but it absolutely was not. Neither of us want to stay in the US, and want to leave in June to live in the UK. It would be great if we could get married in the US instead of the UK and then she can come back to the UK on a spouse visa.

Anyone have any knowledge, experience or advice on this topic and how to do it?

Thank you, Lewis.

That is what my husband and I did... it is fine. You will find some similar stories on the UK-Yankee website.

[Casa]

As you are currently in the US and considering marrying there, apply for a spouse settlement visa and then return together in June, I assume you aren't intending to return to the UK on your own before then. In which case, you need to consider that you will have to submit a considerable number of documents supporting your application. If you're not submitting the originals, they will need to be legally certified. You'll need documented evidence of your DLA and ESA payments, bank statements and any other proof of finances, tenancy agreement showing adequate accommodation and a letter from your landlord or local Council (as applicable) agreeing to your wife living there. If you own your home, you'll be required to submit a copy of the mortgage agreement, or if owned outright, a copy of the property deeds. You'll also have to submit evidence of a genuine relationship, records of contact, time spent together etc.
Even though you'll be applying under the 'adequate' maintenance rule, your wife will still be required to pay the new NHS Surcharge before submitting the application. This will be £600 to cover the initial 33 month probationary, in addition to the £1491 visa fee. i.e a total of £2091
One other point to consider (which you may have already covered) as all UK Government departments share information, there may be checks made on your ESA as this is only payable for a maximum period of 4 weeks when the claimant is outside of the UK and the EU.
An extended period abroad may require you to reapply when you return home. I mention this as I assume you'll be including this payment in your 'adequate income' calculation.

Edit: correction the 1491 is in US dollars. The fee in pounds sterling will be £956

[LewisJG]

As you are currently in the US and considering marrying there, apply for a spouse settlement visa and then return together in June, I assume you aren't intending to return to the UK on your own before then. In which case, you need to consider that you will have to submit a considerable number of documents supporting your application. If you're not submitting the originals, they will need to be legally certified. You'll need documented evidence of your DLA and ESA payments, bank statements and any other proof of finances, tenancy agreement showing adequate accommodation and a letter from your landlord or local Council (as applicable) agreeing to your wife living there. If you own your home, you'll be required to submit a copy of the mortgage agreement, or if owned outright, a copy of the property deeds. You'll also have to submit evidence of a genuine relationship, records of contact, time spent together etc.
Even though you'll be applying under the 'adequate' maintenance rule, your wife will still be required to pay the new NHS Surcharge before submitting the application. This will be £600 to cover the initial 33 month probationary, in addition to the £1491 visa fee. i.e a total of £2091
One other point to consider (which you may have already covered) as all UK Government departments share information, there may be checks made on your ESA as this is only payable for a maximum period of 4 weeks when the claimant is outside of the UK and the EU.
An extended period abroad may require you to reapply when you return home. I mention this as I assume you'll be including this payment in your 'adequate income' calculation.

Edit: correction the 1491 is in US dollars. The fee in pounds sterling will be £956

Well that has me worried, I confess. I thought I was pretty well prepared for all of this, considering that I brought my bank statements, letters from my "landlord" (who is also my parent), and on the statements it says I receive these payments. I did not think if I had a letter from the person who owns the 3 bed house that I needed a tenancy agreement, as I have never had one with her, it has always been informal. UKVI advised me it wasn't sufficient but to be honest, (no offence intended if anyone works there) i got conflicting information from the same number so much that i stopped trying to use that service after a month or so, it just confused me and cost me a lot on the phone.

I have with me;
- Passports, birth certificates, driving licences for both parties.
- Bank statements for previous 18 months that show my ESA/DLA payments
- Letter from the homeowner stating we both can live rent free as she is considered family
- Letters from other people stating we have known each other a long time and are in a relationship
- Photos we have taken over the last 8/9 months (Can they be submitted via a flash drive/USB stick/storage device?)
- I can get "records of contact if you mean skype conversations etc, they can be easily printed off, though I must stress I physically talk and typed very little recently, as we have been physically present with each other for over 6 months now.
- Just enough money from selling my own possessions and via gifts from family members (not from benefits) to cover the visa and surcharge i was unaware of until last week.

I have a letter from my parent who owns the house with no mortgage on it. I was never advised as such but now i am worried.
Do I need a tenancy agreement then and something from the council to say she can live there?

I honestly assumed she couldn't be legally resident in the UK until the visa was approved. I may be able to get them mailed to me this week but times getting short. Is there anything else I have missed from my list that I need or would be useful?

On a side note I wish i had found this forum earlier than I did, as it has been the most useful so far. Thank you to all of you, and I appreciate any help or assistance you can provide.

[Casa]

Photos etc submitted on a flash drive/USB stick/storage device won't be accepted as the policy covers the risk of downloading a virus.
If you are living in a family home rent free you don't require a tenancy agreement but you will have to submit a letter from your parent confirming your right to live there with your wife, together with a copy of the property deeds proving ownership.
If others live in the property, you will need to show that there won't be overcrowding.
Bank statements can be dated no earlier than 28 days before the date of the visa submission.
One concern with your ESA payments which you are only entitled to receive for 4 weeks absence from the UK, did you complete a form BF5 at your Job Centre advising them of the period you intended to be away? As I mentioned previously, the linking of information between Government departments means this will be easily checkable by the Entry Clearance Officer, especially if you are including the ESA payments in the financial calculation. A lengthy period of absence usually requires a new application for ESA on your return.
In addition to bank statements showing DLA and ESA payments this is also mandatory:
(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received

[LewisJG]

Photos etc submitted on a flash drive/USB stick/storage device won't be accepted as the policy covers the risk of downloading a virus.
If you are living in a family home rent free you don't require a tenancy agreement but you will have to submit a letter from your parent confirming your right to live there with your wife, together with a copy of the property deeds proving ownership.
If others live in the property, you will need to show that there won't be overcrowding.
Bank statements can be dated no earlier than 28 days before the date of the visa submission.
One concern with your ESA payments which you are only entitled to receive for 4 weeks absence from the UK, did you complete a form BF5 at your Job Centre advising them of the period you intended to be away? As I mentioned previously, the linking of information between Government departments means this will be easily checkable by the Entry Clearance Officer, especially if you are including the ESA payments in the financial calculation. A lengthy period of absence usually requires a new application for ESA on your return.
In addition to bank statements showing DLA and ESA payments this is also mandatory:
(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received

Okay so I need to inform them I am away for a while, but at present i am still less than 4 weeks abroad thankfully. Do they often check this when you apply for visas or an ESTA? I was told it was 13 weeks before so I just assumed. I think that must be DLA component. Kind of sucks as I am still not a well person here, so me being here doesn't change that. The problems don't disappear, and reapplying is awful. Last time it took a long time and a lot of hassle, plus all the interviews which were more than an hour away by car and i cant drive. But anyway if that is the way it is, I guess I will have to tell them then.

So on to different and hopefully more productive things then. I understand that I need to get mailed to me a copy of the property deeds. What if we cant find them and does this need to be "legally verified"? I am unsure what that means and/or entails. What is required?

Also how do I demonstrate there wont be overcrowding? Its a 3, arguably 4 bedroom house with only my mother, my partner and I would be living there. She would be with me in one room anyway but either way we would have an additional bedroom.

What do you mean by "Bank statements can be dated no earlier than 28 days before the date of the visa submission."? Do you mean that they cannot be within the last 28 days or do you mean that anything older than 28 days is useless? Because I read they want proof of income for the last 6 months minimum, in some cases 12.

I have with me proof of benefit entitlement letters from DWP. So thankyou for that, as its something i could ahve missed but I have them.

Thanks, Lewis.

[Casa]

The most recent bank statement (of the 6 months submitted) shouldn't be more than 28 days old.

List the number of rooms and state that your mother is currently the only person living there.

A copy of the property deeds can be ordered online from the Land Registry. They don't have to be legally certified;
http://www.uklrs.co.uk/landregistry/?gc ... oC3vvw_wcB

It would be wise to submit a legally certified copy of your passport as you may well need the original while the application is being processed. In the UK this would be by a solicitor or a Notary. Your fiancee should know the equivalent level of legal professional in the US.

I can't say whether the ECO will check the ESA payments to see if they're continuing while you're outside of the UK. They may and they may not. I do believe that when you're applying under 'adequate maintenance' instead of earned income, the figures will come under scrutiny and you don't want to give a loophole for refusal.