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Discussion Starter · #1 ·
Hello :D

Hi All,

I've been stalking this site for a while as a guest and finally started to join :)

I'm a local South African, born and bread. Love this city, its my home and i Never want to leave. However!! I fell in love with a guy half way across my world.

BUT i really need your help! I've been reading loads of comments about spousal visa's..

Could anyone please help with advising on the following:
My fiance is British, and I am South African. We wanted to wait for 2 years before getting married, purely because i needed some time to say goodbye to my home, family, friends and get financially sorted.

Suffice to say 6 months in and its been torture living without him. So we decided that we would get married in September instead. and i would move over.. But here's the catch.... we only getting married in sept this year for me to move to be closer to him and then have the "big wedding" in 2 years as planned.

Financially we are both well off, we meet all the requirements for applying for a spousal visa and i intend moving over with my company/ or find a job there. I still plan on coming home every 6months or so.

I wanted to go over with a holiday visa in September and get legally married there. then once we have our marriage certificate we would apply for a spousal visa in the UK. while the application is going through i would come back to SA and wait for the approval then move across...

Is this possible?? do i need to have a SA marriage certificate too?? do i need to apply for a spousal visa here too??

ANY ADVICE WILL BE GREATLY APPRECIATED!! :fingerscrossed::cheer2:
 

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Discussion Starter · #2 · (Edited)
Hi there,

I need a bit of help please. I recently found out that i needed a " fiance visa " to travel to the UK to marry my fiance... All this while i was under the impression of getting a visitor visa, as this is what i was told..

However after loads of research it seems like i need to get a family of a settled person visa. This allows me to go over and get married.

BUT my biggest concerns are the requirements... we are fully aware that in order for us to get married my fiance needs to have a certain amount in his bank account.. But after reading the requirements of what i needed to bring to the table I sort of fell off my chair in shock..

It says that i need to have a min of GBP18k as well as 6months of payslips... I have the payslips and the accommodation sorted and everything else, but do i need to hold more than R360 000 to qualify moving to the UK to be with my fiance?? I hope I'm mistaken cause that is rather obscured !! I don't even earn that in a year!

What are the requirements for a South African travelling to the UK with the intention of getting married.
 

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Hi Poco,

If you paste this on the British expat page you will find some very sussed folk who will be able to help you. Also, gov.uk seems to be getting easier to use!

I am English, and my partner is SA. For numerous reasons I was hoping to get maried in the UK, but due to the length of time needed to give notice of intention to marry,it looks as though this will not be possible (28 days notice after both being in the country for 7 days... so 35 days before we could get married, that is just not an option as he has a job...).

If you are just looking to marry your partner and then return to SA the criteria is much easier to meet than if you are planning on staying in the UK after you are married. You would need a "Marriage Visitor Visa". In this case, I personally have not read anywhere, or heard from anyone that you need savings. I do understand though that you need proof of being able to support yourself financially whilst you are there (I do not know if this can include promise of third party support or not - perhaps someone could advise?!) although I cannot see a minimum amount listed anywhere.

If you are hoping to get married, and then settle in UK, you have a much harder road to traverse, which could include the UK citizen earning over 18,600 GBP a year, or needing 62,500 GBP between you. In this case you would need the "family of a settled person" visa. The financial requirement depends on your situation though - I would personally not be able to walk straight back into a job in the UK and earn the min. per annum required, so my partner and I are desperately trying the other route of having the required (ridiculously huge!) savings, as this route cannot include third party support.

Obviously there is lots more to say on this subject, but I hope to have helped a bit for now until someone more qualified to answer does! :)
 

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Discussion Starter · #4 ·
Hi Bexiee,

Awh you have been such a huge help!! at least now i know that i a not the only one in this situation.

first: you said something about notification.. i knew we had to but 35 days in advance?? That is slightly over the top.. considering being able to financially support yourself while there. and im not a person that would allow my fiance to pay for everything. It just doesn't sit right with me. But thank you so much for the heads up.

second; i was considering a marriage visa esp because it is much cheaper & easier and i can come back to SA to round up a few things while waiting for my spousal visa to come in. (we were planning on getting married and apply for a spousal visa) where i can then move permanently for 2.5 years.. However, the govt.uk site clearly states that on a marriage visa you can not get married and apply for another visa..

You are absolutely right this is such a mess and so much more complicated than it should be. And the worst part is that this many regulations only applies to South Africans. :( the way i see it, looks like we need ridiculously huge savings either way at some point to start a life together !! *eek

I really hope things work out for you and your hubby!! its so disheartening to have to go through all these crazy new rules just to be with the one you love. If i could i would tell him to move here but with the way this country is going, im afraid to say it, but its not a world to raise kids in. As much as i WISH i could give them the same life i had, South Africa may not be here by the time they are able to recall memories.

Bexiee, I really hope things work out for you! you have been such a huge help and i will post this on the British forum too..

wish you all the very best !!
 

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You cannot marry on a tourist/visit visa. Your can apply for a fiance visa which gives you 6 months to marry after which you apply for FLR (M) from within the UK. As your passport is a required document, you cannot leave the UK whilst it is being processed. Aside from meeting the financial, accommodation and relationship requirements you'll need to show that you've made plans to marry. That means showing that you've made deposits or provisional arrangements for normal wedding things like dress, rings, flowers, etc. Your "big wedding" in 2 years is irrelevant.

Alternatively, you can apply for a marriage visit visa which also gives you 6 months to marry but then you are expected to leave the UK. You can then apply for a spouse visa from SA.

Note, you'll need to be resident in the UK for 7 days after which you need to give 28 days notice that you will marry.

https://www.gov.uk/marriages-civil-partnerships/overview

Normal holidays are fine.
 

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I have moved your post to the UK Forum.

Hi Bexiee,

Awh you have been such a huge help!! at least now i know that i a not the only one in this situation.

first: you said something about notification.. i knew we had to but 35 days in advance?? That is slightly over the top.. considering being able to financially support yourself while there. and im not a person that would allow my fiance to pay for everything. It just doesn't sit right with me. But thank you so much for the heads up.


second; i was considering a marriage visa esp because it is much cheaper & easier and i can come back to SA to round up a few things while waiting for my spousal visa to come in. (we were planning on getting married and apply for a spousal visa) where i can then move permanently for 2.5 years.. However, the govt.uk site clearly states that on a marriage visa you can not get married and apply for another visa..


You are absolutely right this is such a mess and so much more complicated than it should be. And the worst part is that this many regulations only applies to South Africans. :( the way i see it, looks like we need ridiculously huge savings either way at some point to start a life together !! *eek
What regulations do you think only apply to South Africans? Anyone applying for a spouse visa or a fiance visa must meet the exact same requirements.

Read through FM 1.7 to understand the options for meeting the financial requirement. It's the UK partner who must meet the financial requirement if relying on income from employment.

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf
 

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Hi Poco,

If you paste this on the British expat page you will find some very sussed folk who will be able to help you. Also, gov.uk seems to be getting easier to use!

I am English, and my partner is SA. For numerous reasons I was hoping to get maried in the UK, but due to the length of time needed to give notice of intention to marry,it looks as though this will not be possible (28 days notice after both being in the country for 7 days... so 35 days before we could get married, that is just not an option as he has a job...).

If you are just looking to marry your partner and then return to SA the criteria is much easier to meet than if you are planning on staying in the UK after you are married. You would need a "Marriage Visitor Visa". In this case, I personally have not read anywhere, or heard from anyone that you need savings. I do understand though that you need proof of being able to support yourself financially whilst you are there (I do not know if this can include promise of third party support or not - perhaps someone could advise?!) although I cannot see a minimum amount listed anywhere.

If you are hoping to get married, and then settle in UK, you have a much harder road to traverse, which could include the UK citizen earning over 18,600 GBP a year, or needing 62,500 GBP between you. In this case you would need the "family of a settled person" visa. The financial requirement depends on your situation though - I would personally not be able to walk straight back into a job in the UK and earn the min. per annum required, so my partner and I are desperately trying the other route of having the required (ridiculously huge!) savings, as this route cannot include third party support.

Obviously there is lots more to say on this subject, but I hope to have helped a bit for now until someone more qualified to answer does! :)
You are confusing 2 separate financial categories. The UK citizen can meet the financial requirement in several ways. If using employment, they have to make at least 18,600GBP per year, pre-tax. If using savings only, they have to keep at least 62,500GBP in a readily accessible account for 6 months prior to applying. It is one way or the other, not both.

However, if the UK citizen makes less than 18,600GBP, the shortfall can be made up with savings using this formula:
18,600 (required) - annual income = shortfall. Shortfall x 2.5 + 16,000GBP = amount of savings needed to be held for 6 months prior to applying. (For example, if the UK citizen only earns 18,000GBP/year, these are the numbers:
18,600 - 18,000 = 600GBP shortage. 600GBP x 2.5 = 1500GBP + 16,000GBP = 17,600GBP held in savings for at least 6 months.)
 

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You are confusing 2 separate financial categories. The UK citizen can meet the financial requirement in several ways. If using employment, they have to make at least 18,600GBP per year, pre-tax. If using savings only, they have to keep at least 62,500GBP in a readily accessible account for 6 months prior to applying. It is one way or the other, not both.

However, if the UK citizen makes less than 18,600GBP, the shortfall can be made up with savings using this formula:
18,600 (required) - annual income = shortfall. Shortfall x 2.5 + 16,000GBP = amount of savings needed to be held for 6 months prior to applying. (For example, if the UK citizen only earns 18,000GBP/year, these are the numbers:
18,600 - 18,000 = 600GBP shortage. 600GBP x 2.5 = 1500GBP + 16,000GBP = 17,600GBP held in savings for at least 6 months.)

You've misread the poster's comment. They did not say that both had to be met.

If you are hoping to get married, and then settle in UK, you have a much harder road to traverse, which could include the UK citizen earning over 18,600 GBP a year, or needing 62,500 GBP between you.
 

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Discussion Starter · #9 ·
Hi Nyclon

Thank you so much for all your advice. The department here has been absolutely no help and there's been alot of waiting and miscommunication between everyone trying to help me get some idea of what needs to be done. Its kind of like a being in a sandpit, where everyone wants to help build the castle but everyone has different views.

However, i've skimmed the site you directed me to and i've saved it for tonight's bedtime reading. Everything is so much more clearer now and simple. I do agree that i may have confused 2 diff categories with one. I was highly confused.

But thank you both to Nyclon and Water dragon for the advice and help. I know I did not directly ask for the advice that water dragon gave but it did clear up a few concerns i did had which i didn't voice correctly on this forum.

Nyclon you have been a HUGE help understanding everything in detail, thank you super much.

water dragon, thank you for clearing up the financial requirements. SO if i understand correctly, I dont necessary need to meet those requirements. My sponsor ie; fiance does. :)

Thanks again
F
 

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Discussion Starter · #10 ·
Hi Nyclon,

I've read through the document in detail. There were loads of things i didn't understand with all the terms but eventually figured it out. thank you for sending me that!! it was a HUGE help!!

I just have one question; under cat F/G where it states you need to provide a full financial year's accounts to meet the requirements - does this mean the director/owner needs to have been in the business for an entire year before applying?

I ask because my fiance has just taken over a surgery funded by the NHS. The surgery has made a decent turnover over the past 3 years. (exceeds the min GBP 18,600 requirement). However, he has literally just taken over about a month ago. He's been sitting with his accountant to see how he can improve the general outcome of the surgery as a whole and raise the net profit to about double.

My question is; will this type of finance proof be enough, or rather will it be accepted? Can he use records of the surgery from the past 1-2 years? Or does he need to have been the owner for at least a full financial year??
Sorry for the questions; it's just that the document did not specify how long they had to be a director of a company for before applying.

Thank you :)
 

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Discussion Starter · #12 ·
Yes I am aware they have nothing to do with him but would we not be allowed to use that as proof of the potential earning he could reach. As it has been standard (same amount) for the past 3 years? We would also apply with records of the surgery reaching monthly targets as of now for the next few months; before application date.
 

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Poco, I was reading your questions and decided to help:
There are three options for you to marry your partner:
1. Apply for Fiance Visa (spouse has to meet Financial Requirement which may be from approved sources, salaried employment, non-salaried employment, cash savings, and other as mentioned in Appendix FM 1.7). In this case you have to intend to stay and live with your partner in UK permanently.
2. Apply for Marriage Visit Visa (no financial requirement). In this case you should not intend to stay in UK, however after you left UK you may apply for visa mentioned in clause 3 below after you finish your thhim things in SA.
3. Apply for Spouse Visa (same financial requirements and category as Fiance Visa, which is called 'family of a settled person visa' or known as 'Join the family member living in UK.... '.

Well, if you need more help, let me know.
 

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Just one clarification : you may also apply for spouse visa if you marry in SA and your marriage is recognised in UK :)
Spouse means your UK partner by the way )))
 

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Discussion Starter · #16 ·
Thank you so much Ain.. I may just decide to pick your brain in a private mail if you don't mind. :)

this does help alot.

Thank you so so much !!
 
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