Planning to apply for Spouse Visa...

[dza926]

Hello all,

I am a British Citizen and my Kenyan fiance and I are planning to get married in January 2012. Currently., she is in Kenya as she over-stayed the last time she was here and she isn't allowed to apply for any type of visa until April next year. (We found this out after applying for a visitors visa for her when I was due back over here).

I've read through the rules and guidance, with help from this fantastic forum. But I still have a couple of questions and would be eternally grateful if anybody can help.

My main area of concern is maintenance and accomodation. I am currently out of work, since coming back from living in Kenya with her a few months, and I am also back at my parents place, which they rent.

Now, hopefully after I return from our wedding in January, I will be able to get full-time employment in short order. It's likely going to be a low wage job though (min. wage or there abouts).

So I was thinking, in order to meet the maintenance requirement, that we should live with my parents initially. They could then say that we are staying with them rent free (and also, council tax free). Therefore, the wages that I earn would comfortably exceed the level of income support for a couple. Is this a sensible way to ensure that the maintenance requirement is met?

My concern is the fact that they (my parents) rent the property. I am staying here but I'm currently not on their tennancy agreement. Is a letter from my parents and a copy of their tennancy agreement (the original is from 6 years ago) enough? Or do I need explicit persmission from the landlord?

I will probably have further questions as I go along, and if I do, I will keep them in this one thread. Thanks in advance for any help guys.

[SoHopeful]

Hi there,

I am in a similar position with regards to maintenance. I married my spouse in Oct 2010, and returned to university. I am now looking for employment and applying for anything from minimum wage up to be able to meet this requirement. I think your plan is a good idea to remain with your parents until you and your wife are in a position to move out.

With regards to accommodation, you would need the tenancy agreement and a letter from your parents confirming that you would be living there expense free. Also a letter from the landlord confirming the number of current residents, size of property and their agreement for you and your wife to live there.

Best of luck.

[Dabby]

Yes I think you would need to get explicit permission from the landlord that they know you will be living there with your partner and any arrangements about paying a share of rent is up to you and your parents.

Also, given the wait most people seem to be experiencing on this forum, you might have to come to the UK without your partner and wait several months for your partner's visa to be sorted out before you can be together here. So be prepared for that financially and emotionally.

[dza926]

Hey guys, thanks very much for the replies.

We are changing our plans slightly now -- due to the difficulty in putting our wedding together out there, we have decided that she will just come here as my fiance and that we will get married in England.

I gather the requirements are pretty similar/the same as for the spouse visa. I was just wondering, what is the process of changing the Fiance Visa to a Spousal one, once we are married in the Uk?

[Casa]

Apply on form FLR(M) once the wedding has taken place here.