October 3, 2022

Spousal vs Fiance Visa

Let’s Look At The UK Spousal Vs Fiance Visa Options Getting engaged to a UK citizen can lead to a British Passport. Although there are direct routes once married, getting engaged can also allow you to kick off the visa process. There are quite a few options when it comes to UK family visas. These would depend on your relationship status and future intentions. It is important to understand how each of these work and which would be best for you. The spousal or partner visa is the most well known and common visa type. The lesser known fiance visa is also an option. We dig into both to understand how they work. Joining a family member in the UK requires a visa depending on your relation to them. THese can apply to dependents, partners or spouses of British Citizens and are referred to as the family of a settled person. Although the child dependent visa and the spouse / partner visa are well known, there is a visa for those intending to get married. This is known as the fiance visa. How does the fiance visa work? A fiance visa allows you to join your future spouse in the UK with the goal of getting married and living there. This specific visa is valid for six months, which is the period you would have to get married. Due to this time constraint, you would need to have your ducks in a row to get the timing of this visa right. Unlike most other family visas, the fiance visa does not result in indefinite leave to remain (ILR), but it offers an entry point to obtaining UK citizenship. After your marriage has taken place you would be able to apply for a spousal visa. Is a spousal visa better? With a spousal visa you have to already be married or cohabiting for at least two years. With the fiance visa you would only need to prove that you are in a genuine relationship. Here are some other differences between these two visa:1. You are not able to work in the UK on the fiance visa whereas you are able to on the spousal visa2. You are not required to pay the immigration health surcharge (IHS) on the fiance visa, but you would have to when applying for the spousal visa3. The validity of the fiance visa is much shorter, it is only valid for six months. The spousal visa is valid for two years and 9 months4. It is more difficult to qualify for the fiance visa as you would need to prove sufficient income from the sponsor. What types of proof would you need for a fiance visa? Here are some pieces of supporting evidence you would need for a fiance visa● Proof of a genuine and consistent relationship. This would require photos, witness statements, holiday bookings and any other evidence of living together● Proof of maintenance showing that you can support yourself financially● Proof of accommodation● Booking of the marriage ceremony as proof that you do intend to get married

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Financial vs Tax Emigration

Prior to a law change, South Africans would look to financially emigrate in order to get access to their retirement annuities and inheritances. The law of this all changed in March 2021. Now, expat South Africans earning income abroad may be subject to paying tax in South Africa. In addition, the tax emigration process needs to be followed otherwise there may be penalties. Financial emigration and how it has changed. Previously, the South African Reserve Bank (SARB) was the authority the South African expats could declare themselves as non-residents to. This enables expats to transfer and access their retirement annuities and pensions abroad. Now, the authority determining tax residency is the South African Revenue Service (SARS). How do you access your retirement annuity abroad? You are only able to access your retirement annuity if you can prove that you have been a non-tax resident in South Africa for three years. This is also known as the three-year rule.

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