# UK Fiancée and Spouse Visa



## erina (Feb 21, 2011)

Hi all,

So here is the situation. My boyfriend and I recently got engaged. He is British and recently went back to England after visiting me in Oz. I am Australian and stuck in Australia. My boyfriend doesn't want to move to Oz so therefore I will be moving to England (where we met on my 2 year youth mobility visa).

I understand that i need a fiancée visa which costs a whopping $1300 or more. The price of love is clearly not cheap. I was wondering if anyone has been in the same situation if they would be so kind as to answer some questions. 

How long does it take for the Australian government to process a fiancée visa?
Did you get any strife from the UK border force upon entering the UK even with the visa in your passport?
How long did you wait to get married? Is it possible to do it within a week upon arriving? 

I read that once you are married that they then change your visa and your status to a 2 year probationary period. Do you have to pay an additional fee for this or is it included in the initial application fee cost?? And how long did it take for them to change your status in your passport so that you could start working?

Also, I have had my biometrics taken 2 years ago before i got my 2 year visa, so therefore do I need to do them again?

Any help on this matter would be great!!!


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## Joppa (Sep 7, 2009)

erina said:


> Hi all,
> 
> So here is the situation. My boyfriend and I recently got engaged. He is British and recently went back to England after visiting me in Oz. I am Australian and stuck in Australia. My boyfriend doesn't want to move to Oz so therefore I will be moving to England (where we met on my 2 year youth mobility visa).
> 
> ...


Pretty quick, around 2 weeks or so on average. All visas are now processed in Manila, which has a quick turnaround time. And it's the UK government that issues your visa, not Australian.



> Did you get any strife from the UK border force upon entering the UK even with the visa in your passport?


You shouldn't, provided you intend to comply with visa conditions - getting married within 6 months, no working and applying for further leave to remain (FLR). Carry some supporting documents you submitted for visa application, such as bank statement, provisional wedding booking, housing etc.



> How long did you wait to get married? Is it possible to do it within a week upon arriving?


You will need a bit longer. For a civil marriage, you can only give notice of intended marriage on day 8, wait a couple of weeks and then you can marry. If it's church wedding (Church of England or Church in Wales), you may do it within a week if you get a common licence to marry for extra fee (around £125). You can make a provisional booking for the service before you get your visa (your fiancé can see the priest and arrange it), though the clergy have been advised to make a thorough check that the marriage is genuine and not a sham. Usual timescale is 3 Sundays for the banns to be called, though the Church will probably insist you get a licence for being non-British. 



> I read that once you are married that they then change your visa and your status to a 2 year probationary period. Do you have to pay an additional fee for this or is it included in the initial application fee cost?? And how long did it take for them to change your status in your passport so that you could start working?


You apply on form FLR(M) and it costs additional £550 by post or £850 by same-day premium service. Postal service may take weeks and months, so I recommend premium service.



> Also, I have had my biometrics taken 2 years ago before i got my 2 year visa, so therefore do I need to do them again?


You need to have new biometrics taken.


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## erina (Feb 21, 2011)

Thanks for such a thorough response 

One more question that's nagging at me - someone mentioned that i would need to enter the UK on the fiancée visa with a return flight already booked. this is an extra $1000 back to Oz, and i don't plan on going back to Oz for a long while, i plan on marrying and being with my husband! Does it have to be back to your home country or just out of the UK? I have contacts in Italy, so would an outbound flight to Italy suffice? That is if you even need to enter with a return flight booked?


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## Joppa (Sep 7, 2009)

erina said:


> Thanks for such a thorough response
> 
> One more question that's nagging at me - someone mentioned that i would need to enter the UK on the fiancée visa with a return flight already booked. this is an extra $1000 back to Oz, and i don't plan on going back to Oz for a long while, i plan on marrying and being with my husband! Does it have to be back to your home country or just out of the UK? I have contacts in Italy, so would an outbound flight to Italy suffice? That is if you even need to enter with a return flight booked?


One-way ticket will be fine. Perhaps you were reading about marriage visitor visa for those not staying on in UK afterwards?


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## erina (Feb 21, 2011)

Joppa said:


> One-way ticket will be fine. Perhaps you were reading about marriage visitor visa for those not staying on in UK afterwards?


You know so much!  Thanks so much for all the help.

Was wondering if you knew if the biometrics appointment in Sydney was something in which you wait weeks before you can get, or is it that you have it in the same week as application is made type of arrangement?

Also, my fiancé and I are renting in London at the moment, we are not tied to a tenancy agreement and the house is going up for sale in April. I read that we must be in an agreement for our accommodation for at least 6 months when i arrive there. And April is only 4 months away by the time I put in the application. Is it okay to just show that I am living in a flat with him and that in April we will find a new place together. We don't even have an agreement drawn up for the place we currently rent - it is London after all, circumstances change in housing all the time. Will this be the big problem I'm assuming but not hoping it will be? Should we find a new place before i get back and sign an agreement?


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## Joppa (Sep 7, 2009)

erina said:


> You know so much!  Thanks so much for all the help.
> 
> Was wondering if you knew if the biometrics appointment in Sydney was something in which you wait weeks before you can get, or is it that you have it in the same week as application is made type of arrangement?
> 
> Also, my fiancé and I are renting in London at the moment, we are not tied to a tenancy agreement and the house is going up for sale in April. I read that we must be in an agreement for our accommodation for at least 6 months when i arrive there. And April is only 4 months away by the time I put in the application. Is it okay to just show that I am living in a flat with him and that in April we will find a new place together. We don't even have an agreement drawn up for the place we currently rent - it is London after all, circumstances change in housing all the time. Will this be the big problem I'm assuming but not hoping it will be? Should we find a new place before i get back and sign an agreement?


I don't know the specifics about biometric appointment in Sydney, but from what I gather, Australian applicants don't normally have to wait long for it, maybe a week or two. You will find out when you make your online application.

Don't lose sleep over your tenancy. All they require is an indication that suitable housing will be available in UK. As people can't sign a tenancy agreement prior to their move (I know you have been living in London), so they will accept potential rather than existing tenancy. Just give as much details as you can about your housing - size, number of rooms, monthly rent etc. A letter from the landlord confirming those details may help too.

_'Accommodation for the couple will often be *prospective *rather than available on arrival. The test should be that there is a reasonable prospect that adequate accommodation, that the couple own or occupy exclusively, will be available after the marriage or civil partnership has taken place.' _

UK Border Agency | Maintenance and accommodation (MAA)


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## erina (Feb 21, 2011)

I'll try not to worry too much about the accommodation. The process is so complex!

My boyfriend reckons that it is better for me in my application to get a letter from my last employee in London stating that he would re-hire me if a job became available and when i got a proper marriage visa and was allowed to work - but im just not sure if that's appropriate for the application. My boyfriend said that it will show the UKBA that i wont be draining their public funds because i will have an almost-job offering.

Would it hurt to add such a thing to my application? 

And personal testimony's from family/friends saying they have witnessed our relationship- are they necessary or just an added optional extra?

Just when i think i've had all my questions answered - bam 50 more pop into my head :/


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## Joppa (Sep 7, 2009)

erina said:


> I'll try not to worry too much about the accommodation. The process is so complex!
> 
> My boyfriend reckons that it is better for me in my application to get a letter from my last employee in London stating that he would re-hire me if a job became available and when i got a proper marriage visa and was allowed to work - but im just not sure if that's appropriate for the application. My boyfriend said that it will show the UKBA that i wont be draining their public funds because i will have an almost-job offering.
> 
> Would it hurt to add such a thing to my application?


I don't think so. Provided it's a genuine letter, it may have the effect your fiancé intends. 



> And personal testimony's from family/friends saying they have witnessed our relationship- are they necessary or just an added optional extra?


Will only make a marginal difference, as it's subjective and selective. Just one or two such letters from respective parents may be ok. Definitely not essential.


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## erina (Feb 21, 2011)

Joppa said:


> I don't think so. Provided it's a genuine letter, it may have the effect your fiancé intends.
> 
> Will only make a marginal difference, as it's subjective and selective. Just one or two such letters from respective parents may be ok. Definitely not essential.


Yeah, that's what I thought. Thanks again.

Do you know anything about the maintenance requirement? At the moment we split the rent, I am able to pay half the rent from my Australian savings whilst I am not working. Does this show that he isn't able to support me as he can't pay all the rent?

It also says he has to have something like 5000pounds in the bank? He has about 1000pounds in the bank and the rest his parents are going to loan us until we can pay them back bit by bit. Does the UKBA not accept money as being my fiance's if he has not earnt it through work - Do they care where the money comes from as long as he has it or do they want it to be only from working?


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## erina (Feb 21, 2011)

erina said:


> Yeah, that's what I thought. Thanks again.
> 
> Do you know anything about the maintenance requirement? At the moment we split the rent, I am able to pay half the rent from my Australian savings whilst I am not working. Does this show that he isn't able to support me as he can't pay all the rent?
> 
> It also says he has to have something like 5000pounds in the bank? He has about 1000pounds in the bank and the rest his parents are going to loan us until we can pay them back bit by bit. Does the UKBA not accept money as being my fiance's if he has not earnt it through work - Do they care where the money comes from as long as he has it or do they want it to be only from working?


Oh and do you know about the whole giving notice when i arrive in the UK, and then i understand i have to wait 15 days after giving notice. They say that you "both need to have lived in the area in which you wish to give notice for at least seven full days, immediately before giving notice." Why do i have to live there for a further 7 days when i have lived in my area for months and have just been out of the country?

What is the reasoning behind these rules? England makes it so hard for commonwealth citizens. Your Queen is my Queen. Sigh.


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## Joppa (Sep 7, 2009)

erina said:


> Oh and do you know about the whole giving notice when i arrive in the UK, and then i understand i have to wait 15 days after giving notice. They say that you "both need to have lived in the area in which you wish to give notice for at least seven full days, immediately before giving notice." Why do i have to live there for a further 7 days when i have lived in my area for months and have just been out of the country?
> 
> What is the reasoning behind these rules? England makes it so hard for commonwealth citizens. Your Queen is my Queen. Sigh.


If you have been living in a district for some time and have just gone away for a short period, you will be deemed to have been resident for the required number of days. They usually want to see evidence of residence, so take along tenancy agreement, utility or council tax bills in either name, plus evidence of cohabitation such as an official letter addressed to the sme address or bank statement.

Some Commonwealth citizens can give notice in their own country, but sadly Australia isn't included in British Subjects Facilities Acts 1915 and 1916. But as your fiancé still has to give notice in UK, it's not a big deal.


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## erina (Feb 21, 2011)

Joppa said:


> If you have been living in a district for some time and have just gone away for a short period, you will be deemed to have been resident for the required number of days. They usually want to see evidence of residence, so take along tenancy agreement, utility or council tax bills in either name, plus evidence of cohabitation such as an official letter addressed to the sme address or bank statement.
> 
> Some Commonwealth citizens can give notice in their own country, but sadly Australia isn't included in British Subjects Facilities Acts 1915 and 1916. But as your fiancé still has to give notice in UK, it's not a big deal.


Thanks so much! Yeah dont know why Aus isnt in that act?

Do you know anything about the maintenance requirement? At the moment we split the rent, I am able to pay half the rent from my Australian savings whilst I am not working. Does this show that he isn't able to support me as he can't pay all the rent?

It also says he has to have something like 5000pounds in the bank? He has about 1000pounds in the bank and the rest his parents are going to loan us until we can pay them back bit by bit. Does the UKBA not accept money as being my fiance's if he has not earnt it through work - Do they care where the money comes from as long as he has it or do they want it to be only from working?

My boyfriend is also adamant that i need to include a police record check in my application but i cant find information of having to include that anywhere???


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## Joppa (Sep 7, 2009)

erina said:


> Thanks so much! Yeah dont know why Aus isnt in that act?
> 
> Do you know anything about the maintenance requirement? At the moment we split the rent, I am able to pay half the rent from my Australian savings whilst I am not working. Does this show that he isn't able to support me as he can't pay all the rent?


It's the whole financial resources that count. Provided they are enough for up to 6 months after moving to UK, then fine.



> It also says he has to have something like 5000pounds in the bank? He has about 1000pounds in the bank and the rest his parents are going to loan us until we can pay them back bit by bit. Does the UKBA not accept money as being my fiance's if he has not earnt it through work - Do they care where the money comes from as long as he has it or do they want it to be only from working?


No set figure is laid down. There must be enough financial resources, as above. Help from his parents are ok provided it's identified as such, though a loan isn't as good as gift. If they can write a letter formally offering help, that will be helpful.



> My boyfriend is also adamant that i need to include a police record check in my application but i cant find information of having to include that anywhere???


No police check required. You just have to declare any criminal convictions.


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## erina (Feb 21, 2011)

Joppa said:


> It's the whole financial resources that count. Provided they are enough for up to 6 months after moving to UK, then fine.
> 
> 
> 
> ...


I knew i didnt have to get a police check, thanks so much!

Also, i overstayed my UK working visa by 2.5 weeks. When i left the country at Heathrow, the people behind the desk checking passports were too busy with a big group that they didn't check my passport. Will it put my application in jeopardy if they find out that i overstayed my visa? I obviously wont Lie, and i will tell them when i left the country. My fiancé's friend from south africa had overstayed various visas in the uk many times, and for long periods, and his fiance visa was approved. Will mine be also?


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## Joppa (Sep 7, 2009)

erina said:


> I knew i didnt have to get a police check, thanks so much!
> 
> Also, i overstayed my UK working visa by 2.5 weeks. When i left the country at Heathrow, the people behind the desk checking passports were too busy with a big group that they didn't check my passport. Will it put my application in jeopardy if they find out that i overstayed my visa? I obviously wont Lie, and i will tell them when i left the country. My fiancé's friend from south africa had overstayed various visas in the uk many times, and for long periods, and his fiance visa was approved. Will mine be also?


You have to detail your travel history, so be truthful and declare. Provided you are upfront about it, 2.5 weeks isn't long and will probably be overlooked, but I can give no guarantees.


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## erina (Feb 21, 2011)

Joppa said:


> You have to detail your travel history, so be truthful and declare. Provided you are upfront about it, 2.5 weeks isn't long and will probably be overlooked, but I can give no guarantees.


I found interesting information on overstaying on the UKBA website. Just in case someone else who has overstayed is following this thread...

Any previous breach of UK immigration law by applicant by: 
• Overstaying 
• Breach of condition attached to leave 
• Being an illegal entrant 
• Previous deception in application for entry clearance, LTE or 
LTR whether successful or not?
MUST BE REFUSED UNLESS
The applicant: 
• Overstayed for 28 days or less and left UK voluntarily not at Secretary of 
State expense

or 

RFL5.4 When does rule 320(7B) not apply? Rule 320(7C)
Under paragraph 320(7C) of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying in the following categories:

Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiancé(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relative (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (paragraphs 352A, AA, FA, FD);
Those applying to exercise rights of access to a child (paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK's immigration laws.

As far as i can tell paragraph 320 (7B) is overstaying. but the whole paragraph 320 thing confuses me so i hope this is what it means?

source = http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/rfl/rfl5/#header4

and i just want to thank you again for taking the time to answer all of my questions. you have been the biggest help, i am so grateful!


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## Joppa (Sep 7, 2009)

erina said:


> I found interesting information on overstaying on the UKBA website. Just in case someone else who has overstayed is following this thread...
> 
> Any previous breach of UK immigration law by applicant by:
> • Overstaying
> ...


That's right. Any overstay of 28 days (4 weeks) or less won't affect your application, *provided *you declare it truthfully in your travel history.


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## erina (Feb 21, 2011)

Joppa said:


> That's right. Any overstay of 28 days (4 weeks) or less won't affect your application, *provided *you declare it truthfully in your travel history.


Cool yeah that's what i thought. I will declare it truthfully.

Our only problem now is accommodation. I know we have discussed this before but im still not sure we qualify. we dont have a tenancy agreement and im not sure that the landlord would be okay with me living there even though it meets all the overcrowding requirements. there are 3 of us, and two rooms.

What we can show is bank statements with our address on them. No utility bills are addressed to us. Photos from the flat we can show, and i suppose a surveyor to meet the overcrowding requirements (although im not sure how much this will cost?)

We are going to get our house mate, who is also one of our closest friends, to write a letter. He is the one we pay our rent to and he then forwards it onto the landlord. He handles all of the bills and his name is on the tenancy agreement, not ours. Will a letter from him be enough, along with the bank statements and the photos, and possibly the surveyor?

My fiance's parents also have a house with a room available to us incase we dont meet the requirements. should we write a letter stating that if our flat isnt suitable accommodation then his parents will take us in so as not to draw from public funds?

and once we are married, do we have to live by ourselves and not anyone else?


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## Joppa (Sep 7, 2009)

erina said:


> Cool yeah that's what i thought. I will declare it truthfully.
> 
> Our only problem now is accommodation. I know we have discussed this before but im still not sure we qualify. we dont have a tenancy agreement and im not sure that the landlord would be okay with me living there even though it meets all the overcrowding requirements. there are 3 of us, and two rooms.
> 
> ...


Hmmm, in the absence of a tenancy agreement, you will need something in writing from the landlord or agent that your fiancé currently lives there and you are shortly going to join him. Anything else and they may become suspicious. See below.



> My fiance's parents also have a house with a room available to us incase we dont meet the requirements. should we write a letter stating that if our flat isnt suitable accommodation then his parents will take us in so as not to draw from public funds?


That's probably a better solution. Living with future in-laws is common and acceptable. Get them to write a letter offering you both a room, and enclose a document that states the size and number of rooms. Then all you need to show is that you have enough money coming in to move to a place of your own later.



> and once we are married, do we have to live by ourselves and not anyone else?


No, you can have a lodger or a housemate, or share a property with an existing household, provided it won't be overcrowded.

Have you read the maintenance and accommodation guidance?
UK Border Agency | Maintenance and accommodation (MAA)

_MAA13 Adequacy of accommodation
The ECO's judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation. _


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## erina (Feb 21, 2011)

Joppa said:


> Hmmm, in the absence of a tenancy agreement, you will need something in writing from the landlord or agent that your fiancé currently lives there and you are shortly going to join him. Anything else and they may become suspicious. See below.
> 
> That's probably a better solution. Living with future in-laws is common and acceptable. Get them to write a letter offering you both a room, and enclose a document that states the size and number of rooms. Then all you need to show is that you have enough money coming in to move to a place of your own later.
> 
> No, you can have a lodger or a housemate, or share a property with an existing household, provided it won't be overcrowded. [/I]


Hmm I suppose besides moving and signing a new tenancy agreement, this is the best way to go. 

His parent's house is in Cambridge, so he would have to travel into work everyday, but if we live at his parents house we wouldn't have to pay rent, so the only out coming's he would have is the travel money to work. 

Would we have to say that as soon as i get back to London that we will be moving straight to Cambridge, or should i state that we will be living in our flat in London for a week and then we shall move? because we want to give notice and get married in london. can we give notice in cambridge and get married in london? we wouldnt have anything to prove we live in cambridge yet because i would have just arrived. all my bank statements and his are send to our london address?

I suppose it seems the best way is for everything to be arranged before i get there. The money we have coming in would be his wage, my savings, and the support from his parents and mine. I just dont know what to do.


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