New member advice

[eatapach]

Hi

I'm looking for some solid factual advice please. The various websites all seem to contradict each other and the service I am trying to use seems to give the wrong steer....leaving us endlessly confused.

My non-EU fiancee and I want to live in the UK. I'm a UK citizen. She has a son and she is the sole parent. She lives in Spain.

The immigration service we use initially told us to
1. Apply for a fiancee visa and get married in the UK within 6 months
2. Apply for a dependant relative visa for her son.
4. Then apply for a spouse visa after the marriage (30 months)
5. Then apply for ILR

They told us initially that If we married outside the UK we would have to wait 2 years to verify the marriage and prove an enduring relationship before she could come to the UK so the fiancee visa was the best route.

They have since told us that we could do it this way

1. Get married in Spain or elsewhere
2. Apply for a spouse visa
3. Apply for a dependant relative visa for her son
4. Apply for ILR

We've got all the documentation ready but are now confused as to the best way to go.


We are also confused by the language test advice. We get told by certain websites that it's a course called "Life Skills" that she needs to take, http://www.cambridgeenglish.org/exams/i ... fe-skills/ whilst other websites say it's an IELTS course called General Training.
1. Life Skills is only available in Madrid to take as an exam
2. General Training is available more widely in Spain

We get told that General Training is being phased out and Life Skills is the new course for this type of visa application. To add to the confusion both courses seem to have different exams - A1 or B1

Does anyone know what the right course is please?

And what is the best way to progress with the visa application?

many thanks

[noajthan]

Hi

I'm looking for some solid factual advice please. The various websites all seem to contradict each other and the service I am trying to use seems to give the wrong steer....leaving us endlessly confused.

My non-EU fiancee and I want to live in the UK. I'm a UK citizen. She has a son and she is the sole parent. She lives in Spain.

The immigration service we use initially told us to
1. Apply for a fiancee visa and get married in the UK within 6 months
2. Apply for a dependant relative visa for her son.
4. Then apply for a spouse visa after the marriage (30 months)
5. Then apply for ILR

They told us initially that If we married outside the UK we would have to wait 2 years to verify the marriage and prove an enduring relationship before she could come to the UK so the fiancee visa was the best route.

They have since told us that we could do it this way

1. Get married in Spain or elsewhere
2. Apply for a spouse visa
3. Apply for a dependant relative visa for her son
4. Apply for ILR

We've got all the documentation ready but are now confused as to the best way to go.

We are also confused by the language test advice. We get told by certain websites that it's a course called "Life Skills" that she needs to take, http://www.cambridgeenglish.org/exams/i ... fe-skills/ whilst other websites say it's an IELTS course called General Training.
1. Life Skills is only available in Madrid to take as an exam
2. General Training is available more widely in Spain

We get told that General Training is being phased out and Life Skills is the new course for this type of visa application. To add to the confusion both courses seem to have different exams - A1 or B1

Does anyone know what the right course is please?

And what is the best way to progress with the visa application?

many thanks

The proof of English part is straightforward - see Gov UK website:
https://www.gov.uk/english-language/overview
Note it's all change in November.

You can worry about LITUK test later on, that's the other element to KOLL ('knowledge of life & language') when working towards settlement & citizenship.
See https://www.gov.uk/life-in-the-uk-test/ ... in-uk-test

2 years of married life abroad appears to be nonsense.

They told us initially that If we married outside the UK we would have to wait 2 years to verify the marriage and prove an enduring relationship before she could come to the UK so the fiancee visa was the best route.

As per HO rules, it takes 2 years to establish that an ummarried couple/partnership is a durable relationship. Maybe that's what you or your adviser are confusing with marriage.

Note it now takes approx 5 years to achieve ILR; ie 2 rounds of FLR.

As you have a Spanish connection have you contemplated an interlude in Spain?

By shifting your 'centre of life' to Spain (or any other EU country) you can follow the Surinder Singh route back to life in UK.
(It could take 3-4 or 6 or more months - up to you really).

It means you as a BC are instead considered by UK to be an EEA national & thus can operate under the less stringent EU regulations.
(You do not lose BC by doing this).

For example: no financial requirement on BC sponsor;
no language requirement on non-EEA spouse (until you get to citizenship stage of the game).
It's simpler for dependent minors too.

It still takes 5 years to achieve settled status which is the prerequirement for citizenship.
Under EU rules it is acquired as Permanent Residence (PR) not 'ILR'.

If this is food for thought - search in forum or on WWW for more on Surinder Singh.

Good luck.

[Casa]

Hi

I'm looking for some solid factual advice please. The various websites all seem to contradict each other and the service I am trying to use seems to give the wrong steer....leaving us endlessly confused.

My non-EU fiancee and I want to live in the UK. I'm a UK citizen. She has a son and she is the sole parent. She lives in Spain.

The immigration service we use initially told us to
1. Apply for a fiancee visa and get married in the UK within 6 months Correct
2. Apply for a dependant relative visa for her son. Correct
4. Then apply for a spouse visa after the marriage (30 months) Correct. form FLR(M) application submitted in the UK
5. Then apply for ILR Incorrect. After the initial 30 month visa, she would have to apply for another 30 month extension. ILR takes 5 years.

They told us initially that If we married outside the UK we would have to wait 2 years to verify the marriage and prove an enduring relationship before she could come to the UK so the fiancee visa was the best route. Incorrect. This is to qualify for an Unmarried Partner Visa.

They have since told us that we could do it this way

1. Get married in Spain or elsewhere Correct
2. Apply for a spouse visa Correct
3. Apply for a dependant relative visa for her son Correct
4. Apply for ILR Incorrect. See my previous comment. 5 year route to ILR and permanent settlement

We've got all the documentation ready but are now confused as to the best way to go.


We are also confused by the language test advice. We get told by certain websites that it's a course called "Life Skills" that she needs to take, http://www.cambridgeenglish.org/exams/i ... fe-skills/ whilst other websites say it's an IELTS course called General Training.
1. Life Skills is only available in Madrid to take as an exam
2. General Training is available more widely in Spain

We get told that General Training is being phased out and Life Skills is the new course for this type of visa application. To add to the confusion both courses seem to have different exams - A1 or B1 Level A1 at this stage. B1 for ILR in 5 years time.

Does anyone know what the right course is please? Here's a link to the approved tests and test providers.
https://www.gov.uk/government/uploads/s ... entres.pdf

And what is the best way to progress with the visa application?

many thanks

[Casa]

In addition to noajthan's excellent advice, you will need to bear in mind the stringent financial conditions for a spouse visa + dependent under UK immigration rules.
You will need to show earnings of at least £22,400 per annum, unless you have savings of £16,000 or over to make up any shortfall.
The initial spouse or fiance visa application + dependent will be £956 x 2 = £1112.00 + the NHS surcharge of £600 x 2 = £1200.00. Totalling £2312.00.
If you marry in the UK there will be an additional visa fee for the FLR(M) extension after the wedding of £649.00

Are you living in the UK at present or in Spain?

[eatapach]

Hi


The proof of English part is straightforward - see Gov UK website:
https://www.gov.uk/english-language/overview
Note it's all change in November.

So it says Madrid only but not which test is the right one.....

You can worry about LITUK test later on, that's the other element to KOLL ('knowledge of life & language') when working towards settlement & citizenship.
See https://www.gov.uk/life-in-the-uk-test/ ... in-uk-test

thanks - hadn't considered that yet as the first problem is getting into the UK

As you have a Spanish connection have you contemplated an interlude in Spain?

By shifting your 'centre of life' to Spain (or any other EU country) you can follow the Surinder Singh route back to life in UK.
(It could take 3-4 or 6 or more months - up to you really).



If this is food for thought - search in forum or on WWW for more on Surinder Singh.

Good luck.

that is a great option - maybe as option B if the spouse visa fails for whatever reason. Many thanks

[eatapach]

In addition to noajthan's excellent advice, you will need to bear in mind the stringent financial conditions for a spouse visa + dependent under UK immigration rules.
Are you living in the UK at present or in Spain?

Thanks. The financial conditions aren't the problem - it's working out the process amongst the varying bits of advice.

I'm in the UK

cheers

[eatapach]

Does anyone know what the right course is please? Here's a link to the approved tests and test providers.
https://www.gov.uk/government/uploads/s ... entres.pdf


many thanks

SO that link takes me to a page that says the test site is in Madrid.
IELTS SELT Consortium BC ES024 BC Madrid Madrid Spain RoW pop-up 06 April 2015

It doesn't state what the test is - this page http://www.cambridgeenglish.org/news/vi ... in-the-uk/ says "A new IELTS Life Skills test will be introduced, specifically designed for applicants who need to prove their speaking and listening skills at CEFR levels A1 and B1."

So she needs to do Life Skills at A1 level - is that correct??? "A1 at this stage. B1 for ILR in 5 years time."

thanks again - much appreciatd

[Casa]

Yes A1 level. The test centre in Madrid will advise. One more point to consider, as you will be applying for a dependent visa for your fiancee's son it may be smoother to marry in Spain, which will enable you to apply for the spouse + dependent visa at the same time. Otherwise, if you marry in the UK on a fiance visa, you wouldn't be able to apply for the child's dependent visa until after the wedding. You would have to consider how he would enter the UK.
You will also need to submit documented proof that your fiancee has sole custody and care of her son.

[noajthan]

SO that link takes me to a page that says the test site is in Madrid.
IELTS SELT Consortium BC ES024 BC Madrid Madrid Spain RoW pop-up 06 April 2015

It doesn't state what the test is - this page http://www.cambridgeenglish.org/news/vi ... in-the-uk/ says "A new IELTS Life Skills test will be introduced, specifically designed for applicants who need to prove their speaking and listening skills at CEFR levels A1 and B1."

So she needs to do Life Skills at A1 level - is that correct??? "A1 at this stage. B1 for ILR in 5 years time."

thanks again - much appreciatd

The Gov UK SELT pdf defines the accepted tests.

You may as well shoot for highest level of proficiency possible.
B1 will be needed in due course unless HO moves goalposts again.

[xy]

Hi sorry to jump in with a question, i thought i'd ask here rather than open a new thread.
Even though i only need A1 for a spouse visa application, would it be a problem if i take the B1 test instead? All the A1 slots are filled up and i have to wait a while to sit for the next available A1 test, but there are plenty of slots for the B1 exam in December.

Would appreciate your advise.

[Casa]

Hi sorry to jump in with a question, i thought i'd ask here rather than open a new thread.
Even though i only need A1 for a spouse visa application, would it be a problem if i take the B1 test instead? All the A1 slots are filled up and i have to wait a while to sit for the next available A1 test, but there are plenty of slots for the B1 exam in December.

Would appreciate your advise.

B1 will be fine.

[xy]

Hi sorry to jump in with a question, i thought i'd ask here rather than open a new thread.
Even though i only need A1 for a spouse visa application, would it be a problem if i take the B1 test instead? All the A1 slots are filled up and i have to wait a while to sit for the next available A1 test, but there are plenty of slots for the B1 exam in December.

Would appreciate your advise.

B1 will be fine.

Many thanks Casa