# VAF4A form and Visa questions.



## MMJ6 (Apr 6, 2013)

Hi,
I'm a UK Citizen permanently living in England but currently staying in the USA for 4 months with my USC fiancee. We've only been engaged for the last few weeks or so, but we've both known we would be getting married for over a year.
Before getting engaged we had done some reading up on the subject of immigration, but obviously not enough, as our plans were askew. After a little more research, I feel we have a better understanding of our situation but there are still gaps in our knowledge that become intimidating when so much is on the line.
Because of how confusing the process has become, my fiancee is worrying that we will make some mistake and end up having to apply more than once, which quite frankly, we can not afford.
Rather than fork out the huge sum of money that an immigration lawyer might require, I was hoping we would be able to create a step by step guide from information found online. Unfortunately, it seems all the information on this subject is jumbled and disjointed between forums and government websites and what we've been able to glean so far still leaves us woefully ignorant.

I plan to come back to the US to marry her, then fly home as she applies for the VAF4A and wait until she's given the green light to join me and live in the UK.
Our major questions are as follows:
I am currently receiving carers benefits for looking after my disabled father which, if I understand correctly, means that I am excluded from the requirement of earning £18,600 a year. (Correct?) Our worry is that once she moves over with me, I will have to cancel the carer's benefits and find a job to support us. Since I am unable to have a full-time job with benefits simultaneously and it is unlikely that I will be able to get £18,600pa job immediately, our fear is that when I cancel the benefit's, it will leave us without any of the financial requirements and she will not be allowed to stay in the UK.
So, the question is, if I cancel my carers allowance AFTER she is already living with me and cannot find a high enough paying job, will it throw problems our way? Can she be deported?

Our second question is probably much simpler, but I have still been unable to find a definitive answer online. After the VAF4A application has been accepted and she moves to the UK, how long is it until she can find work? Is it immediate, or does she have to wait until receiving ILR or citizenship?

And finally, our last question for now. Since I am a full-time carer, I still live with my parents in a small council flat. When my fiancee moves over to the UK, we will have to stay there until one or both of us finds a job and we can get our own place. Will the fact that we'll be staying with my parents in a small, 2-bedroom apartment make it more likely for whoever is assessing us to deny her application? 
Will the fact that we will be moving out of there as soon as possible bring more complications? When we move out will we have to contact someone to verify that we are no longer at my parents address? 

I'm sure that within minutes of posting this, I will have thought of a hundred other questions that I need to answer before our lives are back on track, but for now, I would greatly appreciate the help of anyone with a little insight.

Thank you very much for taking the time to read this and assist us.


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## Leanna (Oct 22, 2012)

MMJ6 said:


> Hi,
> I'm a UK Citizen permanently living in England but currently staying in the USA for 4 months with my USC fiancee. We've only been engaged for the last few weeks or so, but we've both known we would be getting married for over a year.
> Before getting engaged we had done some reading up on the subject of immigration, but obviously not enough, as our plans were askew. After a little more research, I feel we have a better understanding of our situation but there are still gaps in our knowledge that become intimidating when so much is on the line.
> Because of how confusing the process has become, my fiancee is worrying that we will make some mistake and end up having to apply more than once, which quite frankly, we can not afford.
> ...


Correct. Being the recipient of Carer's Allowance means you do not have to meet the £18,600 financial requirement. Instead, you must meet a maintenance requirement of £111.45 per week in cash left over each week after paying for housing and council tax. Seeing as you are living with your parents (are you paying rent?), you'll need that equivalent left over (and evidence of it). 



> Our worry is that once she moves over with me, I will have to cancel the carer's benefits and find a job to support us. Since I am unable to have a full-time job with benefits simultaneously and it is unlikely that I will be able to get £18,600pa job immediately, our fear is that when I cancel the benefit's, it will leave us without any of the financial requirements and she will not be allowed to stay in the UK.


Once she is in the UK with FLR (Further Leave to Remain), you will not have to meet the financial requirements right away (until you need to renew your FLR in 2.5 years and eventually your ILR), so if you needed to cancel your benefits and then find work, you are okay. 



> So, the question is, if I cancel my carers allowance AFTER she is already living with me and cannot find a high enough paying job, will it throw problems our way? Can she be deported?


No, again, not unless you aren't meeting the financial requirements when she renews her stay, in which case her application could be refused and she would have to leave. 



> Our second question is probably much simpler, but I have still been unable to find a definitive answer online. After the VAF4A application has been accepted and she moves to the UK, how long is it until she can find work? Is it immediate, or does she have to wait until receiving ILR or citizenship?


Yes, since you would be married, she will be able to work when she arrives in the UK. 



> And finally, our last question for now. Since I am a full-time carer, I still live with my parents in a small council flat. When my fiancee moves over to the UK, we will have to stay there until one or both of us finds a job and we can get our own place. Will the fact that we'll be staying with my parents in a small, 2-bedroom apartment make it more likely for whoever is assessing us to deny her application?


Unfortunately this will be a problem. Official UKBA allowances for housing indicate that the maximum people allowed in a 2 bedroom property is 3. See here: UK Border Agency | Maintenance and accommodation (MAA)

So you application would have a very high chance of being refused if you are going to stay with her at your parent's house. Do you have another family or friend that has a property with more bedrooms that you could stay at until you've secured housing for yourselves?



> Will the fact that we will be moving out of there as soon as possible bring more complications? When we move out will we have to contact someone to verify that we are no longer at my parents address?


No, you do not need to update UKBA as you move, as far as I understand. 



> I'm sure that within minutes of posting this, I will have thought of a hundred other questions that I need to answer before our lives are back on track, but for now, I would greatly appreciate the help of anyone with a little insight.
> 
> Thank you very much for taking the time to read this and assist us.


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## Joppa (Sep 7, 2009)

Some corrections. 

New amount to meet maintenance requirement from today is £112.55 per week.

Provided the property has two double bedrooms, it won't be overcrowded when your partner moves in.


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## Leanna (Oct 22, 2012)

Joppa said:


> Some corrections.
> 
> New amount to meet maintenance requirement from today is £112.55 per week.
> 
> Provided the property has two double bedrooms, it won't be overcrowded when your partner moves in.


Good to know Joppa thanks. So the housing stuff on the UKBA page doesn't count if the adults are opposite sex and sharing a bed? Would be good to know for future.


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## Joppa (Sep 7, 2009)

Leanna said:


> Good to know Joppa thanks. So the housing stuff on the UKBA page doesn't count if the adults are opposite sex and sharing a bed? Would be good to know for future.


And are a couple.


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## Leanna (Oct 22, 2012)

Joppa said:


> And are a couple.


Awesome, thanks!


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## Joppa (Sep 7, 2009)

Or same-sex couple.


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## MMJ6 (Apr 6, 2013)

Joppa said:


> Some corrections.
> 
> New amount to meet maintenance requirement from today is £112.55 per week.
> 
> Provided the property has two double bedrooms, it won't be overcrowded when your partner moves in.


One final question, what constitutes a double bedroom? Would this be a bedroom with a double bed in or does it need to meet specific dimensions?
Thanks again.


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## MMJ6 (Apr 6, 2013)

And thank you both for your time, you've been very helpful.


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## Joppa (Sep 7, 2009)

No specific dimensions or anything, but generally a bedroom considered large enough to take a double bed or two single beds. The latter is called a twin-bedded room in hotel jargon.


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## MMJ6 (Apr 6, 2013)

Joppa said:


> No specific dimensions or anything, but generally a bedroom considered large enough to take a double bed or two single beds. The latter is called a twin-bedded room in hotel jargon.


Well thank you very much, I only ask because my room at home has a double bed in but is rather small. We have stayed there together for weeks at time on several occasions and never had an issue with the size, but as we all know, the government can be a little more critical.

-EDIT- Will I need to convince anyone that the room is of sufficient size or am I able to have that question answered before applying? I would hate to get everything else ready and then be declined because they think my bedroom is too small....

The weekly maintenance requirement may wind up being an issue as I am only able to earn up to £100 a week on top of my carers benefits. I'm assuming (and hoping) that the £112.55 includes the £58.45 I get in benefits per week?

Also, in answer to Leanna's question, I do not currently pay rent or utilities of any kind. Does that make a difference with the requirement or will I still only need £112?

Furthermore, does the maintenance requirement mean I would have to add a fresh £112.55 to my bank balance every week or that I need to have at least £112 in my bank at the end of the week? In other words, does it need to be in the form of a salary or do I just have to have a minimum of £112 left every week?
And finally, does it matter where the money comes from? Will it need to be paid into my account weekly by a legitimate business or, theoretically, could it be paid by a friend or relative as long as it goes through my bank? Do I need to show evidence that it will be a permanent thing?

I apologize if my questions are poorly worded or unusual, I'm having issues wrapping my head around everything.
Thank you so much.


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## MMJ6 (Apr 6, 2013)

Will anyone shed some light on my last questions please?


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## Joppa (Sep 7, 2009)

You should get housing report from your local council, who can certify that your place isn't overcrowded.
You can add up all the benefits you get plus any earnings.
You submit your bank statement and the amount if any you pay in rent and council tax. From these they can work out if you have £112.55 left over each week.
It must be your money, so no help from relatives or friends allowed.


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## MMJ6 (Apr 6, 2013)

Joppa said:


> You should get housing report from your local council, who can certify that your place isn't overcrowded.
> You can add up all the benefits you get plus any earnings.
> You submit your bank statement and the amount if any you pay in rent and council tax. From these they can work out if you have £112.55 left over each week.
> It must be your money, so no help from relatives or friends allowed.


Thank you very much for your help, I really appreciate it.


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