Forum Immigration UK

[DomUK]

Hi,

My situation is as follows. I am currently a UK citizen residing here. My fiancée is currently living in the USA. After reading many web sites and forum posts it does seem how everybodys requirements and situations are different.

From what I have worked out, i think i have the following two options:

1) Obtain a Fiancée visa, marry, then apply for a FLR(M) from within the UK.
2) Obtain a Marriage visa, marry, then (from the USA) apply for a Wife visa.

Is this correct?

There is also another option, which is potentially that my fiancée could move through work to the UK. Does anybody know what would happen in this situation in terms of visa? I am pretty sure that she would not be able to marry me on a work visa, but it isn't really clear to me which visa to select in this instance.

I think i have the costs worked out, but am still a little unclear about the actual mechanics of receiving the visa. Some places have said its possible the same day, some say about mailing documents to New York, its all so very confusing.

One other question is regarding the finances. There are many areas where it mentions an amount of money required to support so that no public funding is required. Can anybody make this really simple for me? I work full time with a reasonable salary.

On a similar note, how does any medical treatment work on these visas? How do we find a GP, etc?

Any advice would be greatly received.

Many thanks,
Dom

[texkourgan]

As you can see from the many posts and threads in the forum (such as this fiancee-visa-questions-t29484.html) concerning this question - it is a common struggle to figure out what exactly you need.

The Guide to London includes information about finding work, visas, and more. There is also a FAQ section that addresses the different visas you may be interested in: http://www.easyexpat.com/en/faq/departure.htm. We also recently posted an article on obtaining a visa to live, study, work in the UK. And of course the UK Border Agency is the best official source of info: http://www.ukba.homeoffice.gov.uk/

Some great resources to work through! But in specific answer to your questions:
Your best option is to get a fiancee or marriage visa, as a work visa can be quite difficult to get depending on your qualifications.

"If you do not qualify for a Tier 4 visa or EEA Family permit, you must apply for a visa to work within the UK. Visas are assigned by a points assessment system designated into tiers. Each tier includes several categories of workers; each category within a tier has specific visa requirements, and supporting documentation you must submit along with your visa application varies. Depending on the category under which you apply, you may be required to apply for a visa before you enter the UK, or you may be allowed to apply if you are legally present in the UK.

Under most points-based visa categories, you must have a job offer or work assignment in hand to be eligible to apply for a visa. Your job offer must comply with government regulations, including minimum wages where applicable."

UK Fiance Visa Requirements:
The sponsor and the applicant must intend to get married within a six month period.
They must have met each other.
They must intend to live together permanently.
The applicant must be able to support him / herself, or be supported by their partner, without access to public funds.
There must be adequate accommodation in place.
There is no requirement that the applicant and the sponsor have lived together before applying.

Successful applicants receive a 6 month visa in which to come to the UK and get married. They are not allowed to work while on this visa. Once married, the recipients must apply for a marriage visa.

UK Marriage Visa Requirements:
The sponsor and the applicant must be legally married or in a civil partnership
They must have met each other
They must intend to live together
The applicant must be able to support him / herself, or be supported by their partner, without access to public funds
There must be adequate accommodation in place

Once the visa is obtained, (if the marriage is less than 4 years old) there will be given a 2 year visa to live and work in the UK or or (if Applicants who have been married and lived together for 4 years or more) they may be granted Indefinite Leave to Remain.

Hopefully this info helps you get started. Anyone else have personal tips to share?

[ladyjulian]

Hi,

My situation is as follows. I am currently a UK citizen residing here. My fiancée is currently living in the USA. After reading many web sites and forum posts it does seem how everybodys requirements and situations are different.

From what I have worked out, i think i have the following two options:

1) Obtain a Fiancée visa, marry, then apply for a FLR(M) from within the UK.
2) Obtain a Marriage visa, marry, then (from the USA) apply for a Wife visa.

Is this correct?

Nearly. You can apply for her to come here as a fiancee and marry in the UK, then apply for further leave as a spouse. Or you can travel to the US, marry her there, and then apply for a spouse visa from the USA. The third option is for her to enter as a 'marriage visitor' and then return to the US to apply for the spouse visa.

There is also another option, which is potentially that my fiancée could move through work to the UK. Does anybody know what would happen in this situation in terms of visa? I am pretty sure that she would not be able to marry me on a work visa, but it isn't really clear to me which visa to select in this instance.

If she comes to the UK on a Tier 2 (Intra Company Transfer) visa then she would be free to marry you. She would also be allowed to apply for further leave in the spouse category ("switching") from a Tier 2 visa. In this scenario, it would be sorting out the Tier 2 visa which would be the complicated area!

I think i have the costs worked out, but am still a little unclear about the actual mechanics of receiving the visa. Some places have said its possible the same day, some say about mailing documents to New York, its all so very confusing.

From the USA, she would apply (online is easiest) and then book a biometric enrolment appointment at her nearest Visa Application Centre - there is at least one in every state. The local centre then takes her fingerprints etc, then either they send the application to New York or they tell you to do it, with the biometrics inside too. It takes about 3 days for New York to deal with it, then it comes back to you. It is not possible to have it dealt with the same day - although I believe you can pay a premium for a next-day decision.

One other question is regarding the finances. There are many areas where it mentions an amount of money required to support so that no public funding is required. Can anybody make this really simple for me? I work full time with a reasonable salary.

Have a look at this post here which takes you through the specified evidence. The minimum income requirement for a fiancee is that you are earning £18,600 (or can show specified savings).

On a similar note, how does any medical treatment work on these visas? How do we find a GP, etc?

She would be entitled to use the NHS and can register with your local GP.

[DomUK]

Hi,

Sorry for the delay in responding and may i thank you for your excellent and concise responses.

One question i have. I contacted my local registry office in the UK and asked about getting married and what the process is. They told me that my fiancée doesnt need a visa and that she just has to have been in the country for 3 weeks and can show something with her name and an address on here in the UK. Is that correct? It doesn't seem right if a particular visa is required to be married.

The current goal is for her to move here November 10th. I am still a little unsure about what i need to do to make this happen. We plan to marry as soon as possible, but given the above situation do i need a specific visa? Also if we were granted this and do get married does she have to leave the country? I'm so confused and there doesn't appear to be any help other than paying for legal advice.

Hoping somebody can help me get on the right track here!!!!

Many thanks again,
Dom

[ladyjulian]

One question i have. I contacted my local registry office in the UK and asked about getting married and what the process is. They told me that my fiancée doesnt need a visa and that she just has to have been in the country for 3 weeks and can show something with her name and an address on here in the UK. Is that correct? It doesn't seem right if a particular visa is required to be married.

That's all you need to actually *get married* - even an illegal entrant can get married in the UK, you just need to show you're living here.

To get *into the country* you need to get the visa sorted. (assuming your fiancee doesn't want to smuggle herself into the UK, ha ha. Which is needless to say a really bad idea.)

The current goal is for her to move here November 10th. I am still a little unsure about what i need to do to make this happen. We plan to marry as soon as possible, but given the above situation do i need a specific visa? Also if we were granted this and do get married does she have to leave the country? I'm so confused and there doesn't appear to be any help other than paying for legal advice.

Hoping somebody can help me get on the right track here!!!!

Many thanks again,
Dom

Do you want to marry in the UK or in the US? If you plan for her to come here then get married, then you need to apply for the fiancee visa - and do it soon. If you plan to marry in the US, then you can do that whenever you like, then apply for the spouse visa.

If she gets a fiancee visa, then you need to marry within six months, then apply for the spouse visa. No need for her to leave the UK.

[DomUK]

Hi,

So again a lot of time has passed, and situations are changed once again!

My fiancée has a flight booked and will arrive in 2 weeks. She is coming on a regular visitors visa, and will be granted 6 months. There is a return flight at the end of this period. However, my previous question about getting married, ladyjulian said that you just need to prove you live here. Do you know what that means? Does it mean a letter with her name on it? Or does it require something additional?

Currently I am trying to work things out as such (and there is a twist now!):

She comes here to visit. We are going to go to the registry office and enquire about eligibility to marry. Assuming they let us, we apply for a wife visa, without her leaving the country. Thats the plan. If the visa does require her to leave, its no great problem, i assume that she can still take the 6 months and leave at the end of it, hopefully coinciding with the application for the visa (which admittedly may have to be the fiancée visa).

The twist is that my place of work potentially will be sponsoring the relevant paperwork for her to come here and work here anyway. My question here is, on a work visa could we get married here and then apply for wife visas without her leaving?

Thanks again, one day i will understand all of this!!!

Regards,
Dom