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Living together doesn't apply to you if you get married there,there's no law that says you must live together before marriage.LewisJG wrote: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....
Do you have a disability that exempts you from meeting the financial requirements.LewisJG wrote: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".
That is what my husband and I did... it is fine. You will find some similar stories on the UK-Yankee website.LewisJG wrote: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.
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.Casa wrote: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
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.Casa wrote: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