ChickenNugget

Currently looking for some advice as my partner (UK citizen) and I (US citizen) are exploring ways of living together in the UK.

We have known each other for almost 2 years and lived together in Spain for 6 months of that however did not have any official documentation to prove this regarding rental agreements / bank accounts etc. that has both our names.

I have been back working in the US since September however he is still living and working in Spain. We were planning on him visiting the US in April to marry and then apply for a UK visa via the family of a settled person route, I would then move to the UK around July time once the visa has (hopefully) been granted.

We feel that the financial requirement is somewhat confusing and will be difficult to satisfy. I am currently earning $45,000 a year and have savings of over $10,000. He is working in Spain on €1,000 a month (+ €400 cash in hand) and £10,000 savings.

My questions therefore are:
1. Would the fact that we can't prove that we have lived together with official documentation be a reason to be rejected or would a marriage certificate indicate a genuine relationship?
2. What would our best way of meeting the financial requirement of the family of a settled person visa (he would be willing to move back to get a job in the UK but we were looking for other ways)?
3. In general, given our circumstances is the family of a settled person visa the most suitable, or are there better ways?

Thanks!

BritInParis

1. Providing you are married then you shouldn't have a problem. Many couples applying for spouse visas have had arranged marriages.

2. Salaried income or savings are the most popular routes. Your fiance's current salary isn't going to cut it and your combined savings aren't sufficient so he is likely to have to make the move back to the UK in order to work for six months earning over £18,600 p.a. in order to be able to meet the financial requirements to sponsor you. If you want to move to the UK in July then he'll need to get a move on.

3. If you have any recent European ancestry then you may be eligible for a EU/EEA passport which would bypass the need for a spouse visa.

SanDiegogirl

There is another route to consider - the Surinder Singh route.

The British citizen works in Spain. Therefore if they marry and the wife moves to Spain for a time to be with husband, then they could apply for an EEA Family permit under the (current) EU rules of exercising treaty rights.

Of course, who knows how long this route will be open, given current circumstances; and the wife would, I believe, need to live in Spain for several months in order to justify the "moving the centre of life" requirements.

https://www.gov.uk/family-permit/overview

SushiRoll

Thank you both for your help, we are currently looking at a timeline for the Family of a Settled Person visa. Looks like it will be up to 9 month wait from the point I return to UK.

Surinder Singh route does look possible and maybe even quicker to achieve, but also a little more of grey area. Will do some research on information on Surinder Singh route via Spain.

Lot's of thinking to do!

spouse of scouse

I've never seen a chicken nugget change into a sushi roll before!

SushiRoll

A quick update on the situation:

After leaving Spain and visiting ChickenNugget in USA, I returned to the U.K. earlier this month and managed to start a job earning £28,000pa on 10th April.

I now just wanted to ask a few questions which kind of overlap:
1) Do the qualifying earnings have to amount to a total of above £9,300 over 6 months or does each month have to be a minimum of £1,550?
2) Will my earnings for April (hopefully £1,750) qualify as 1 of the 6 months required?
3) Does the qualifying earnings have to be for the same company throughout the 6 months or can an applicant change jobs during this time?

Thank you for your help!

SanDiegogirl

1. Depends on whether you are salaried or non salaried. The income for salaried and non salaried income is calculated differently.

Read the following document carefull to see how you qualify, and whether you are going Cat A or Cat B

https://www.gov.uk/government/upload...equirement.pdf

2. Yes April will qualify

3. Yes it has to be with the same company if you are going Cat A.

ChickenNugget

Hey all!

Looking for further advice as our situation has progressed.

SushiRoll came to visit me in California this past April. We are planning on getting married in the UK when I visit in July.

Part of the requirements for marriage in England are that you and your partner must both be present for giving notice at least 28 days before the marriage.

Unfortunately, my trip is only 24 days long and I won't be able to extend it at all because of work.

After doing a little bit of investigation, we found some information on the NRS website that indicates it may be possible for SushiRoll to give notice in Scotland in advance without me being present. This way he could give notice and we could get married in Scotland while I'm visiting him in July.

Does anyone have any knowledge and/or experience regarding marriages in Scotland vs England?

Any advice or insight would be much appreciated. Thanks again!

PS Extra thanks to SanDiegogirl!!

BritInParis

AFAIK the Home Office requirements are the same across the UK. A quick hop to Gibraltar might be the answer.