British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Switching From Marriage Visa to Spouse Visa (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/switching-marriage-visa-spouse-visa-906351/)

Sapphire88 Nov 28th 2017 9:03 pm

Switching From Marriage Visa to Spouse Visa
 
Hi Everyone,

I got my fiance visa yesterday and will be applying for the FLM Spouse Visa once we are married in the UK. I have a couple questions about this process:

1) Do I need to wait 28 days before my fiance visa expires to apply for the spouse visa using the in-person premium service or can I apply as soon as we're married? I know the 28 day rule applies for the spouse renewal visa but not sure about the fiance one.

2) I am combining my cash savings with my fiance's income to meet the financial requirement and I used bank statements and a letter from my bank for the fiance visa. Can I use the same statements to prove that I have had the cash savings in my name for more than six months when applying to switch to the spouse visa? I assume I would also need to provide bank statements from the bank in the UK to show I have actually brought the money with me but since it will not have been in a UK bank account for six months when I apply is a combination of both acceptable?

3) Do the financial requirement documents need to be dated within 28 days of the in person appointment or the date we booked the appointment?

Thank you for your help :)

BritInParis Nov 28th 2017 9:11 pm

Re: Switching From Marriage Visa to Spouse Visa
 
1) You can apply as soon as you are married.

2) You don't need to show that the money came with you nor leave it in a UK bank account for six months but you will need to submit up-to-date bank statements to show you still meet the financial requirements. Ditto for your fiancé's payslips and bank statements as evidence of income.

Pulaski Nov 28th 2017 9:13 pm

Re: Switching From Marriage Visa to Spouse Visa
 
You don't need to prove you have brought the money with you, and you must be able to prove that you have held it continuously for six months, so you should be very careful if you decide to transfer the money internationally during the six months. It is imperative that you don't appear to have had access to the money, even if only briefly.

Sapphire88 Nov 28th 2017 9:20 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by BritInParis (Post 12390650)
1) You can apply as soon as you are married.

2) You don't need to show that the money came with you nor leave it in a UK bank account for six months but you will need to submit up-to-date bank statements to show you still meet the financial requirements. Ditto for your fiancé's payslips and bank statements as evidence of income.

Ah I see. Thank you :)

So basically switching to the spouse visa will just be giving them updated documents and the new documents such as our proof of marriage (marriage certificate and photos of our ceremony), proof that I am living with him and the NHS surcharge payment?

Also, I am planning to have my own bank account instead of a joint account if I am able to do so and we will be living at his mother's house so I we will not have joint bills in our names. Are bills/bank statements in my name with his mom's address ok to prove that I am living with them?

Should I leave the cash savings in my current savings account until after I get the spouse visa? The original plan was for me to get a money order cheque to put in an account in the UK?

BritInParis Nov 28th 2017 9:33 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by Sapphire88 (Post 12390655)
Ah I see. Thank you :)

So basically switching to the spouse visa will just be giving them updated documents and the new documents such as our proof of marriage (marriage certificate and photos of our ceremony), proof that I am living with him and the NHS surcharge payment?

Correct.


Also, I am planning to have my own bank account instead of a joint account if I am able to do so and we will be living at his mother's house so I we will not have joint bills in our names. Are bills/bank statements in my name with his mom's address ok to prove that I am living with them?
If you can get them in time, sure.


Should I leave the cash savings in my current savings account until after I get the spouse visa? The original plan was for me to get a money order cheque to put in an account in the UK?
Providing you can get up-to-date original bank statements I would leave it where it is until after you get your FLR BRP. Aim to keep it as simple as possible.

Sapphire88 Nov 28th 2017 9:46 pm

Re: Switching From Marriage Visa to Spouse Visa
 
The original bank statements are currently being mailed to my parent's house as I am staying there at the moment until I go back to the UK. Would the best solution be for my parents to mail me the remaining bank statements up to the month that I apply for the FLR visa?

Pulaski Nov 28th 2017 10:00 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by Sapphire88 (Post 12390655)
.... The original plan was for me to get a money order cheque to put in an account in the UK?

Like BiP said, keep it simple.

In any case I wouldn't use a money order or cheque for at least two reasons - firstly having to prove there was no gap in the six month holding requirement, and secondly unless you already hold GBP, you will get a crappy exchange rate, and be charged for clearing a non-UK check.

Once you have your account set up in the UK, use an exchange/remitting service such as Transferwise, World First, xe,com etc. Transferwise is usually tipped as offer the best rates and lowest fees at the moment.

BritInParis Nov 28th 2017 10:29 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by Sapphire88 (Post 12390681)
The original bank statements are currently being mailed to my parent's house as I am staying there at the moment until I go back to the UK. Would the best solution be for my parents to mail me the remaining bank statements up to the month that I apply for the FLR visa?

Sounds like a plan.

quiltman Nov 28th 2017 11:42 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by BritInParis (Post 12390705)
Sounds like a plan.

BIP can you clarify something for thick old me? I thought you could not apply to change from a Fiance or marriage visa to a spouse visa except from outside the UK. I.E. once married you have to leave the UK then apply for the spouse visa.
I ask because a couple of expats of my acquaintance here say they intend to apply for a marriage visa for their Filipina fiancees , travel to UK , get married then stay in UK and change to a spouse visa?

BritInParis Nov 28th 2017 11:51 pm

Re: Switching From Marriage Visa to Spouse Visa
 

Originally Posted by quiltman (Post 12390746)
BIP can you clarify something for thick old me? I thought you could not apply to change from a Fiance or marriage visa to a spouse visa except from outside the UK. I.E. once married you have to leave the UK then apply for the spouse visa.
I ask because a couple of expats of my acquaintance here say they intend to apply for a marriage visa for their Filipina fiancees , travel to UK , get married then stay in UK and change to a spouse visa?

The terminology does get confusing. A Marriage Visitor visa does require you to leave after you marry. A fiancée visa allows you to apply for FLR from within the UK after you marry. Anyone who thinks that they can stay on after marrying on a Marriage Visitor visa will be sorely disappointed.


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