Hi and thanks for reading this. Got chatting to my filla girlfriend a few months ago and intend to visit her in Manila in August this year, after then all being good I would like her to visit here at Christmas. Finding all these different visa somewhat confusing basically I would like here to visit here at Christmas for month go back and come again in May maybe for another month, so what visa does she require? Also looking at maybe things might really take off between us two which may lead to a possible marriage, what visa would I require then? I have read for one visa you need to be earning £18,600 a year but for a Fiance visa there is not the same amount of financial security is needed, only proof that you can support your partner for the 6 months on a fiancé visa. is this correct. I'm finding all this rather confusing right now. Would be greatful for any help I can be given thanks
If you haven't decided for certain that you intend to marry, then you won't need a fiancée visa. That is only valid for 6 months and is specifically so that you can marry in the UK. The income requirement applies to that, and to the spouse visa (if you are already married) since they are 'settlement visa' types. If your other half only intends to visit for a month at a time, she will need a tourist visa. To obtain a tourist visa, she will have to prove that she has ties to home country and intends to return there. Documents that may help such proof include things such as : Proof of employment or being enrolled in a university course. Ownership of property or businesses, minor children left behind and other such factors. It is not a simple matter for a Filipina to visit the UK. The immigration authorities will need to be convinced that she will not oversay her visa and intends to return home. I would suggest that you keep visiting the Philippines until such time as you decide whether you are going to marry. Then either get engaged and apply for a fiancée visa, or get married in the Phils and apply for a spouse visa. In both these cases, you will need to satisfy the requirements of Appendix FM which include, but are not limited to, an income level of over 18,600 Per year. If you do decide that you wish her to visit you in the UK, then you can of course apply for a tourist visa for her, but be aware that as I described above, the main issue will be that you will need to provide documentation to convince the authorities that she intends to return home. That is not always easy, depending on the persons's circumstances.
Thanks for your reply, could you just clarify one thing. I have read on a Fiance visa you only need to show that you can support your partner without public funds there is no mention about having to be earning £18,600 a year
No. You need to satisfy the income requirement for the 'marriage visa' (sometimes known as 'fiancee' visa). You are also not allowed recourse to public funds but that is a different matter. https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members Specifically. E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of- (a) a specified gross annual income of at least- (i) £18,600; and GEN.1.2. For the purposes of this Appendix “partner” means- (i) the applicant’s spouse; (ii) the applicant’s civil partner; (iii) the applicant’s fiancé(e) or proposed civil partner;
Does this financial requirement also apply to a spouse visa, the problem i have at the moment is im only on £14000 a year. At this moment in time i am just weighing up my options. Thanks for your help
I'm sorry for your situation and to be the bearer of bad news. However, yes. It does apply to settlement visa including the spouse and marriage (fiancée) visa in the case where the 'UK half' of the partnership is a British Citizen. The rules are a bit different for EU nationals. If you were French, living in England, you would not need to satisfy the income requirement. That is a strange anomaly at the moment. I am assuming that you are British, in which case the income requirement does apply. If you are only earning 14,000 a year, you could make up the deficiency using savings. However the amount in the rules is quite high. The savings you would need are: 16,000 + 2.5 * (18,600 - your income) so in your position earning 14,000 a year you would need 27,500 in savings. This would need to be held in an account in your sole name for at least the 6 months prior to the application and can not be a borrowed sum that you are making repayments on. The only other way 'around' this problem is known as the 'surinder singh' route. This involves you moving to Europe and working and living there for a period of time. Once there, you would petition to have your foreign wife join you in that country which is not subject to income restrictions). Once together, you would then come to the UK under EU free movement laws. However, this loophole may be closed in the future. If you do not have that level of savings and are British, then the easiest way IMHO is for you to increase your income by taking a second or different job if you want to apply for either a fiancée or a spouse visa in the future.
Jeez, this is getting worse by the minute, but i wont be defeated. So would the fact that i am in receipt of maintenance of £100 a month and child benefit, yeah ok this is a public fund but everyone who has kids is entitled to it and not income based would this be able to be taken into account? Worse case scenario is i get a 2nd job
Appendix FM 1.7 stipulates that Child Benefit can not be counted as income to satisfy the financial requirement. Contributions from a third party are also not permitted however maintenance payments from an estranged spouse (paid in support of either you or a child) may be counted as income when supported by appropriate documentation such as court order. £100 per month maintenance is only £1200 a year gross (not being subject to tax) so you would still need a second or other job.
