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Discussion Starter #1
Hi,

My boyfriend (British citizen) and I (Malaysian) are planning to get into a civil partnership next March on a marriage visitor's visa. We both wonder that after the marriage has taken place if there is something we could do (like switching into another type of visa or applying for other sort of leave of remain which I am unsure about) so that I could remain in the UK to live with my boyfriend.

Can someone tell me that under the financial requirements set out by UKBA in a Spousal Visa if solely I or my boyfriend or both of us should fulfil the financial bit of earning a salary of £18,600 per annum ? I don't have any employment at the moment as I am pursuing ACCA professional level papers.

Could someone please advise me on this...!:)
 

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Hi,

My boyfriend (British citizen) and I (Malaysian) are planning to get into a civil partnership next March on a marriage visitor's visa. We both wonder that after the marriage has taken place if there is something we could do (like switching into another type of visa or applying for other sort of leave of remain which I am unsure about) so that I could remain in the UK to live with my boyfriend.

Can someone tell me that under the financial requirements set out by UKBA in a Spousal Visa if solely I or my boyfriend or both of us should fulfil the financial bit of earning a salary of £18,600 per annum ? I don't have any employment at the moment as I am pursuing ACCA professional level papers.

Could someone please advise me on this...!:)
A visitor for marriage visa only allows you to come to the country to get married and assumes you will settle somewhere other than the UK. I don't believe you can switch from this visa to a settlement-based visa. If you want to settle in the UK after your marriage, you need a fiance visa, which carries with it the new financial requirement. For the financial requirement, it is the UK sponsor's income that matters. Does your partner make the requirement? And if not, can you show savings to make up the shortfall?
 

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Discussion Starter #3
A visitor for marriage visa only allows you to come to the country to get married and assumes you will settle somewhere other than the UK. I don't believe you can switch from this visa to a settlement-based visa. If you want to settle in the UK after your marriage, you need a fiance visa, which carries with it the new financial requirement. For the financial requirement, it is the UK sponsor's income that matters. Does your partner make the requirement? And if not, can you show savings to make up the shortfall?

Hi, thank you for your reply. Yes my boyfriend can meet the financial requirement bit. However, is there a must to show British Embassy people that my future career in the UK is prospective ? If so, how could I do that ? I am an accounting and finance person.

Can I ask if this Spousal Visa is going to be applied, who is in the better position to apply for it - me or my boyfriend ?

Besides, I've heard about the Discretionary Leave to Remain, do you think I could apply for this leave (claim under Article 8 of the Human Rights Act 1998) , after we both have just got married ? After one and a half year living apart, we do not want to live separately again and we want to establish a future together.
 

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Hi, thank you for your reply. Yes my boyfriend can meet the financial requirement bit. However, is there a must to show British Embassy people that my future career in the UK is prospective ? If so, how could I do that ? I am an accounting and finance person.
No, they aren't interested in your job prospect.

Can I ask if this Spousal Visa is going to be applied, who is in the better position to apply for it - me or my boyfriend ?
You have to apply. If you are marrying (are you a same-sex couple or opposite-sex couple?) in UK and staying on, you need a fiancé(e) or prospective civil partnership visa. Only if you are marring or entering CP outside of UK, you need a spouse/CP visa prior to entering UK.

Besides, I've heard about the Discretionary Leave to Remain, do you think I could apply for this leave (claim under Article 8 of the Human Rights Act 1998) , after we both have just got married ? After one and a half year living apart, we do not want to live separately again and we want to establish a future together.
DLR is being abolished and only the most pressing and exceptional humanitarian ground will allow you to claim under Article 8. In any case, provided you meet the financial requirement (which you say you do), then you should be approved for settlement visa, provided you can meet all other conditions as well.
 

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Discussion Starter #5
No, they aren't interested in your job prospect.



You have to apply. If you are marrying (are you a same-sex couple or opposite-sex couple?) in UK and staying on, you need a fiancé(e) or prospective civil partnership visa. Only if you are marring or entering CP outside of UK, you need a spouse/CP visa prior to entering UK.



DLR is being abolished and only the most pressing and exceptional humanitarian ground will allow you to claim under Article 8. In any case, provided you meet the financial requirement (which you say you do), then you should be approved for settlement visa, provided you can meet all other conditions as well.
Thank you Joppa for taking your time to reply.

Does that mean the major attention paid by the British Consulate to consider the part under the financial requirement is my boyfriend's yearly income and his savings ?

Does my boyfriend need to have the 2.5 years' finances in advance before I initiate the application or would it be enough to satisfy the British Embassy officers as long as my boyfriend earns at £18,600 a year ?

Yes we are a same-sex couple. My boyfriend is actually half Irish and half English by birth and he holds a British and an American passport as his mum moved the States about 30 years ago. Can I ask is it possible that we both get married outside the UK say in Ireland (he has not visited Ireland for ages) ? What would be the EEA marriage rules be ?

Thanks again Joppa !
 

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Thank you Joppa for taking your time to reply.

Does that mean the major attention paid by the British Consulate to consider the part under the financial requirement is my boyfriend's yearly income and his savings ?
Yes, his job and income, plus joint savings (if needed).

Does my boyfriend need to have the 2.5 years' finances in advance before I initiate the application or would it be enough to satisfy the British Embassy officers as long as my boyfriend earns at £18,600 a year ?
He only needs a 6-month employment record if he earns at least £1550 gross each month, or 12 months if it fluctuates and dips below occasionally.

Yes we are a same-sex couple. My boyfriend is actually half Irish and half English by birth and he holds a British and an American passport as his mum moved the States about 30 years ago. Can I ask is it possible that we both get married outside the UK say in Ireland (he has not visited Ireland for ages) ? What would be the EEA marriage rules be ?
His US passport is immaterial as far as your visa application is concerned. By entering civil partnership (same-sex marriage etc), you save on second leave application in UK, possibly saving you money and hassle of a second application soon after the first. Ireland has civil partnership since last year. US same-sex union is normally recognised in UK. There are no uniform EEA marriage rules - each country has its own, and in some same-sex union is nether recognised nor celebrated, such as Italy and Poland, though foreign civil unions should in theory be recognised.
 

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Discussion Starter #7
Yes, his job and income, plus joint savings (if needed).



He only needs a 6-month employment record if he earns at least £1550 gross each month, or 12 months if it fluctuates and dips below occasionally.



His US passport is immaterial as far as your visa application is concerned. By entering civil partnership (same-sex marriage etc), you save on second leave application in UK, possibly saving you money and hassle of a second application soon after the first. Ireland has civil partnership since last year. US same-sex union is normally recognised in UK. There are no uniform EEA marriage rules - each country has its own, and in some same-sex union is nether recognised nor celebrated, such as Italy and Poland, though foreign civil unions should in theory be recognised.
Thanks for your response Joppa ! There is something I dont quite grasp it is this - By entering civil partnership (same-sex marriage etc), you save on second leave application in UK, possibly saving you money and hassle of a second application soon after the first.

Would you please clarify it ? Sorry I just dont quite get this bit. However the rest of the advice has been invaluable for my decision making.
 

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Thanks for your response Joppa ! There is something I dont quite grasp it is this - By entering civil partnership (same-sex marriage etc), you save on second leave application in UK, possibly saving you money and hassle of a second application soon after the first.

Would you please clarify it ? Sorry I just dont quite get this bit. However the rest of the advice has been invaluable for my decision making.
To have your CP in UK, you first need a proposed CP visa, then after your ceremony, you apply and pay for further leave to remain as civil partner. If you have CP outside UK, all you need is a civil partner visa after your ceremony.
 

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Discussion Starter #9
To have your CP in UK, you first need a proposed CP visa, then after your ceremony, you apply and pay for further leave to remain as civil partner. If you have CP outside UK, all you need is a civil partner visa after your ceremony.
Thank you Joppa for advice !I think we both will most probably enter into a civil partnership in the UK rather than outside the UK as we both are not accustomed to other countries' CP rules.

In facts, I am slightly reluctant to want to apply for the Proposed Civil Partnership Visa because there is a lot more requirements to be fulfilled and many documents required to be submitted. And we both are afraid that we presently cannot meet all the requirements yet. I have also heard that if the application of the Proposed Civil Partnership fails, I will have trouble entering the UK again in future even as a general visitor and they will assume me to overstay my visitor's visa period. Is that true ?

Under one of requirements of Proposed Civil Partnership Visa - the criterion 'Your relationship must be genuine and subsisting' , we both have't got a joint bank account and my boyfriend has not visited my home country and family. Is it necessary that we both must have a joint bank account ? Must he plan a visit trip to my home country to see me and family ? Note: my family doesn't know I am gay. If they do, I think I will face family trouble.

Under the financial bit - Maintenance and accommodation - My boyfriend at the moment doesn't have his own flat/house. He shares a house with his pals. If he is going to find a flat or say he has managed to find a flat, does he need stay there for at least 6 months in advance before the application starts or how the immigration people consider it ? Can he find a one bedroom flat like a studio flat ? Does it count as our accommodation to fulfil the condition ?

Kindly advise ..Thank you really !
 

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Thank you Joppa for advice !I think we both will most probably enter into a civil partnership in the UK rather than outside the UK as we both are not accustomed to other countries' CP rules.

In facts, I am slightly reluctant to want to apply for the Proposed Civil Partnership Visa because there is a lot more requirements to be fulfilled and many documents required to be submitted. And we both are afraid that we presently cannot meet all the requirements yet. I have also heard that if the application of the Proposed Civil Partnership fails, I will have trouble entering the UK again in future even as a general visitor and they will assume me to overstay my visitor's visa period. Is that true ?
Any failed visa application has repercussions for future applications or UK entry. It doesn't mean automatic rejection but your application or entry as visa-free visitor is likely to receive greater scrutiny. But without proposed CP visa, you cannot have a CP ceremony and then stay on.

Under one of requirements of Proposed Civil Partnership Visa - the criterion 'Your relationship must be genuine and subsisting' , we both have't got a joint bank account and my boyfriend has not visited my home country and family. Is it necessary that we both must have a joint bank account ? Must he plan a visit trip to my home country to see me and family ? Note: my family doesn't know I am gay. If they do, I think I will face family trouble.
It's not absolutely necessary that he has visited you in your country - only that you have met, anywhere. You need to supply further evidence of a genuine, loving relationship, such as letters, emails, texts, skype log etc. Also each should supply a letter outlining your relationship from start to the present.

Under the financial bit - Maintenance and accommodation - My boyfriend at the moment doesn't have his own flat/house. He shares a house with his pals. If he is going to find a flat or say he has managed to find a flat, does he need stay there for at least 6 months in advance before the application starts or how the immigration people consider it ? Can he find a one bedroom flat like a studio flat ? Does it count as our accommodation to fulfil the condition ?
As you haven't tied your knot yet, it's best to have a temporary accommodation lined up, such as staying with a relative until such time as you can get a place of your own. You need a letter of invitation, proof of ownership/occupation such as mortgage statement or title deeds and a confirmation you have at least a bedroom to yourself and it won't be overcrowded. He can get a flat of his own, and a studio or one-bedroom flat will be adequate, but UKBA will probably require a confirmation that the place is availabe for occupation immediately.
 

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Discussion Starter #12
Any failed visa application has repercussions for future applications or UK entry. It doesn't mean automatic rejection but your application or entry as visa-free visitor is likely to receive greater scrutiny. But without proposed CP visa, you cannot have a CP ceremony and then stay on.



It's not absolutely necessary that he has visited you in your country - only that you have met, anywhere. You need to supply further evidence of a genuine, loving relationship, such as letters, emails, texts, skype log etc. Also each should supply a letter outlining your relationship from start to the present.



As you haven't tied your knot yet, it's best to have a temporary accommodation lined up, such as staying with a relative until such time as you can get a place of your own. You need a letter of invitation, proof of ownership/occupation such as mortgage statement or title deeds and a confirmation you have at least a bedroom to yourself and it won't be overcrowded. He can get a flat of his own, and a studio or one-bedroom flat will be adequate, but UKBA will probably require a confirmation that the place is availabe for occupation immediately.


Hi Joppa, thank you so much for your advice ! It has been really invaluable for our situation. We both will soon make a decisio. We both thank you sincerely for your great advice.
 

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Discussion Starter #13
Hi Joppa, thank you so much for your advice ! It has been really invaluable for our situation. We both will soon make a decisio. We both thank you sincerely for your great advice.
Hi I have got another question pertaining to financial requirement.
If my boyfriend earns only £17,400 annually, could he use his savings £15,000 to patch the shortfall of £1,200 to meet the requirement of £18,600 ?
 

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Discussion Starter #14
Hi I have got another question pertaining to financial requirement.
If my boyfriend earns only £17,400 annually, could he use his savings £15,000 to patch the shortfall of £1,200 to meet the requirement of £18,600 ?

Another concern is that my boyfriend is 40 and I am 23, will the immigration people make a fuss over the age issue ? If possible, what should we both do ?

Kindly advise please ..
 

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Hi I have got another question pertaining to financial requirement.
If my boyfriend earns only £17,400 annually, could he use his savings £15,000 to patch the shortfall of £1,200 to meet the requirement of £18,600 ?
You needs a minimum balance of £16,000 to plug the gap. So if he is £1,200 short, he will need 2.5 x 1200 + 16000 = £19,000.

Another concern is that my boyfriend is 40 and I am 23, will the immigration people make a fuss over the age issue ? If possible, what should we both do ?
Not necessarily, provided you can include evidence of a genuine, durable relationship. Start with a letter written by each of you describing your relationship from the start, with significant events highlighted - first meeting, commitment/engagement and growing closer. Describe your shared interests. Enclose travel tickets to support your meetings and travels, and photos of you together from different times. You should also include evidence of how you kept in touch when apart, such as letters, mails, texts and skype log.
 

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Discussion Starter #17
You needs a minimum balance of £16,000 to plug the gap. So if he is £1,200 short, he will need 2.5 x 1200 + 16000 = £19,000.



Not necessarily, provided you can include evidence of a genuine, durable relationship. Start with a letter written by each of you describing your relationship from the start, with significant events highlighted - first meeting, commitment/engagement and growing closer. Describe your shared interests. Enclose travel tickets to support your meetings and travels, and photos of you together from different times. You should also include evidence of how you kept in touch when apart, such as letters, mails, texts and skype log.
I am sorry I am wee confused about the amount of £16,000. How did you get that ?
On the other hand, does that mean my bf need take out £3,000 (2.5 years x £1200 short) of his savings ?

We both will write a letter of what you suggested.

Thank you !
 

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I am sorry I am wee confused about the amount of £16,000. How did you get that ?
On the other hand, does that mean my bf need take out £3,000 (2.5 years x £1200 short) of his savings ?

We both will write a letter of what you suggested.

Thank you !
The £16,000 has something to do with couples not being able to get benefits, so none of the savings counts until it is above £16,000. This is in the documents about financial requirements.

So your boyfriend would need to prove 2.5 (years of the length of the visa) times the amount he is short of the salary in addition to the £16,000 which = 19,000.

M
 

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Discussion Starter #19
Hi, thanks for your reply.

I have another question - is there a limited number of times I can re-appeal for a failed spousal visa application ?

Kindly advise please thank experts !
 

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Hi, thanks for your reply.

I have another question - is there a limited number of times I can re-appeal for a failed spousal visa application ?
No, but you want to avoid even one failed application by making sure you meet all the requirements. Each rejection puts a black mark on your record and makes future application that much more difficult, as you will receive greater scrutiny and less discretion.
 
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