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Discussion Starter · #1 ·
Hi, first time posting. Sorry if this isn't the right place to post this.

My partner and I are trying to apply for a fiance visa, however, after quite a bit of research, we still have a few unanswered questions. Here is our situation:

I'm living in the US and she's a UK citizen receiving ESA and Industrial Injuries Disablement Benefit. We believe this exempts us from the financial requirement of 18,600, so we are now trying to figure out if we meet the 113.70 weekly maintenance. With her pension and benefits alone, minus rent and council tax, we fall short of this amount, but we aren't sure if other sources of income can be included. She receives alimony, which would put us over the 113.70, but the original agreement was that the alimony ends upon remarriage. I'm afraid that even if it counted for a fiance visa, it would not count towards a marriage visa. She also receives rent from her son, however this has always been a cash transaction and does not show up on her past bank statements. The rent he pays is now going directly into her account, but will only appear in her most recent bank statement.

Our questions are:

1. Can the alimony be counted towards the weekly maintenance for both a fiance visa and a marriage visa?
2. Can the rent from her son be counted?
3. She recently applied for PIP. If this is granted to her, how many months would this have to show up in bank statements to count towards the maintenance?

It's been a stressful time for us trying to figure this all out, so thank you for any advice you can give us.
 

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It's £114.85 now.
Alimony can be used at least for the fiancé visa, but not sure for spouse leave if it stops upon remarriage.
Pure cash transactions with no bank statement are unlikely to be acceptable.
She only needs to get award letter for PIP and perhaps the first payment. This is the best source of additional income.
 

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Discussion Starter · #3 ·
Thank you so much for your reply. We're very happy to hear some good news.

We figured as much about the alimony, so weren't relying on it for the marriage visa. But it does put us over 114.85 per week needed for the fiance visa, so we're halfway there.
As for the rent, would we be able to claim it as income if we had bank statements showing it being paid? If so, for how many months?

Either the rent or the PIP would put us over the 114.85 needed for the marriage visa, so we're hoping one or both will be usable.

And thank you again for your help.
 

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Doesn't you partner get additional benefits, housing benefit, tax credit etc, all of which can be added to her income to meet the maintenance requirement?
I doubt informal rental payment will count. It has to be properly drawn up with a tenancy agreement etc.
 

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Discussion Starter · #5 ·
Currently, she has her pension, ESA, and IIDB. She did get housing benefit in the past, but since her son was providing rent, she no longer qualified. We can look into this and see if it's still the case. I don't believe she qualifies for child tax credit or working tax credit since her son is over 20 and she is not employed. As I mentioned previously, she has applied for PIP.

On a side note, does it matter that if all sources of income were combined, she makes more than 18,600 annually? Or, since she's exempt, do we have to prove adequate maintenance no matter what?

If there are any other options we can consider, please let me know.
 
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