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✎ EN UK marrying US in UK. UK marriage and work permit Qs.
    

Discussion in 'Immigration UK' started by jezelf, Jul 23, 2006.

  1. jezelf

    jezelf New Member

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    Hi there!

    Im planing to get a consultation with an immigration solicitor, but Im looking for some independent advice and some information confirmed from you knowledgeable folks! I've looked through the forum and on different sites FAQs, but my situation is different, of course :confused: If anyone has more specific costs of visas (like the UK work permit one) that would help too. cheers!

    Situation:
    I am a British citizen with an American fiancee. Currently living in our own countries and planing to get married in the UK, Scotland in October, but want to move to the USA in 3 months to a year from now (July), depending on how soon I can get confirmed employment. I won't move unless I get permanent employment and sponsorship in the states. As this is not presently guarrented, so nor is my move to the US, but it is my wish and intent, so we could be in the UK for another 2 years, we just dont know at this time. until then, she would live with me here in the UK and work as well.

    Questions:
    1: My fiancee will need to apply for a marriage visa before entering the UK (a 'visit for marriage' visa for £260 - we are assuming for now that it may be more than 6months before I get to the US )is this correct?

    2: Am I right in thinking because my fiancee does not have settled status in the UK, she doesn't need a 'certificate of approval' (£135 ) as well/instead of from the Home Office ?

    3: Is the 'visit for marriage visa' also known as the 'spouse or marriage visa'?(£50/£260 - depending on a vist for under/over 6 months) or are they before/after the marriage visas as their terms suggest and so are 2 different visas which need to be applied for seperately?

    4: does the spouse visa application fee of £600 include the government fee of £335, no VAT - or is that additional? http://www.workpermit.com/uk/uk_fee_structure.htm ..."E. Family Immigration 1. Marriage and Fiance/e Applications GBP600 (government fee is GBP335, no VAT) "

    Also this is confusing me because it now says Marriage and not spouse! Am I thinking of the same thing here? Is this application for £600 not just the 'visit for marriage' visa with the government fee added on??

    5: From the different websites and wording it looks like the above visas are different and we would need to first get the 'visit for marriage visa' and then the 'marriage/spouse visa' . if this is true how long would it take to get the spouse visa after the marriage?

    5.1: I now read on www.ukvisas.gov.uk
    "...If you want to stay in the UK as your partner's dependant you will need to enter the UK with a visit - marriage or visit - civil partners visa. After your marriage / civil partnership you must then leave the UK and return home to apply for a visa as a dependant..." is this different than if she wanted to get a work permit? would she have to do this anyway? what's the point in paying £260 for 6months plus if she has to do this when we could just pay £50 for the less than 6months visit for marriage visa?

    ...or is this the point of the £260 one, so you can apply within the UK?

    6: Married name for my wife will be different to her current passport name, what will be needed for the spouse and work visa? Only her new name? or can she use her current name?

    6.1: Would she need to change her passport after the marriage to get the spouse visa?

    7: After a spouse visa, how long would it take to then get a work permit? could she apply for them at the same time?

    7.1: Would she need to change her passport after the marriage to get the work permit? I would expect the names on her spouse/work visas and passport must match.

    8: The cost of a work permit application fee is stated as £400 - £1,500 http://www.workpermit.com/uk/uk_fee_structure.htm can anyone give a more specific number? I guess it's got a bracket of £1100 for different people's situation, but I was wondering if theres a more common number that comes in.

    9: I've heard that if we wait 60 days from the time my fiancee enters the UK to marry then we do not have to get and pay for the Visit for marriage visa...at £260. We can skip that and then we would apply for her permanent residence. Is there any truth in this? From my understanding, you can't marry on a visitor visa, you can't marry unless you she has the visit to marriage or a fiancee visa and you can't get that unless you pay for the application...? is this getting mixed up with the certificate of approval?

    10: 'Certificate of no impediment from your civil authority' .This is mentioned at some websites, but the US government does not issue this. Local marriage registrars are aware of this and generally waive the requirement for Americans. http://www.usembassy.org.uk/scotland/services.htm#marriage_in_scotland is this correct? is this something for other countries?

    11: We want to keep our citizenship of our countries, and are not currently looking for permanment residency in the UK for her. Say we go through all this and she gets a work permit, and then after a couple of months I can get to work in the states. If she wanted to, can my wife move back to the USA immediately, or will she be tied to a minimum period in the UK after we are married?

    12: We have been together as a couple for more than 4 years, though only living together at up to 6 months at a time because of her visitor's visa, in which time I've supported her.

    According to http://www.workpermit.com/uk/marriage.htm "If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years." will that apply to us? - so my wife, would have permanent residence approval/work permit immediately if our plans changed and we decided to stay in the UK?

    thanks for helping
    Jez
     
    #1 jezelf, Jul 23, 2006
  2. Triple H

    Triple H Addicted member

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    Spouses or partners of UK citizens or of persons settled in the UK, which automatically includes Irish citizens, can initially apply to the UK immigration authorities for a two year visa under the UK immigration rules. This is also referred to as ‘probationary’ period.

    If the foreign spouse is not yet in the UK, the application for leave (or permission) to enter the UK as a spouse/partner of a UK citizen can be made to the British embassy, consulate or high commission in the country in which they are living. A fee of approximately £260 is charged for a spouse/partner application, whether or not it is successful.

    The Entry Clearance Officer who considers the application for a visa will have to be satisfied that the couple intend to live together permanently and that they can maintain and accommodate themselves without 'additional recourse to public funds'. This means that the applicants will have to show that they have enough money and adequate housing for themselves, without claiming any social security benefits for the non UK spouse/partner. Any benefit claim for the UK spouse/partner and/or their children is not affected by this restriction on the foreign spouse/partner.

    Applications can only be made for leave to remain as a spouse/partner from within the UK if the foreign spouse/partner is already here legally on a visa that is for more than six months. The only exception to this is people in the UK holding a six month fiancé(e) visa, who marry during this time, (see section 3 below).

    A fee is payable for applications made from within the UK. The relevant form for applications made within the UK for leave to remain as a spouse is FLR(M), which can be obtained from the Home Office website: www.ind.homeoffice.gov.uk. These forms are updated every six months and it is important to ensure that a valid form which has been correctly completed is submitted, otherwise the application will not even be considered by the Home Office. The documents required must be sent to the Home Office in original form along with the application form, ie photocopies are not accepted. It is strongly advised to keep copies of all documents and correspondence which are sent to the Home Office and send any original documents by recorded delivery, keeping the docket to prove that they have been sent.

    It is also very important that a valid application is submitted before the foreign spouse/partner’s current leave to remain in the UK expires. If an application is submitted after a person’s leave to remain expires, even by one day, then that person becomes an ‘overstayer’. In most circumstances, an overstayer does not have a right of appeal against a negative decision and will have a poor immigration history which could result in the refusal of an application to enter the UK in the future.

    If successful, leave to remain in the UK will be granted.

    During the two years of this visa, the foreign spouse/partner is entitled to take employment but no social security benefits can be claimed for her/him.

    2.2 Indefinite leave to remain
    Just before the expiry of the initial two years leave to remain as a spouse/partner, an application can be made for indefinite leave to remain in the UK. The Home Office may check that the couple are still living as husband and wife. Once indefinite leave to remain is granted, the foreign spouse/partner will be allowed to access social security benefits and, of course, will be allowed to continue to be employed.

    Applications for indefinite leave to remain must be submitted in country (within the UK), on a valid completed form SET(M) (also available from the Home Office website, see 2.1 above), with relevant original documents to the Home Office before the expiry of the initial two years leave to remain.

    Couples who have been married and living together abroad for more than four years can apply straightaway for indefinite leave to enter then remain in the UK, without having to go through the probationary period, if one of them is a UK citizen, an Irish citizen or otherwise settled in the UK and they travel together.

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    3. UK VISAS: FIANCE(E)S
    Fiancé(e)s of UK citizens, Irish citizens or people otherwise settled in the UK can apply for visas to come to the UK. These visas are usually for six months only, during which time it is expected that the couple will get married. It may be possible to extend this for a further maximum period of six months by explaining to the Home Office why you did not get married during the first six months, and stating when you will be getting married. Such applications can only be made before the first visa expires.

    Applications cannot be made from within the UK and can only be made to British embassies or consulates abroad. There is a fee of £260 for making a fiancé(e) visa application.

    To obtain a fiancé(e) visa, the couple will have to show that they are in a genuine relationship, planning to marry and that they have sufficient financial resources and accommodation to support and house themselves without public funds for the foreign fiancé(e). The fiancé(e) will not be allowed to take employment during the period of the fiancé(e) visa. Once married, an application to remain in the UK as a spouse should be made on form FLR(M) (see 2.2 above).
     
    #2 Triple H, Jul 24, 2006
  3. jezelf

    jezelf New Member

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    Hi thanks for your help!

    sorry for the delay getting back - been ultra busy getting everything together. Haven't got to a solicitor yet.

    a couple more questions. in the 'documentry requirements' does the sponsor need to submit the same as the applicant applying for the fiancee visa?

    particualrly on this section....

    I have supplied areas: a and c for my fiancee who is applying from the states. Do I (as in the sponsor and the british citizen)need to supply all of the other categories (though I know g is not applicable to us) ?

    It is my understanding that the other categories only apply to those seeking a visa and not to the sponsor/british citizen the applicant is entering the UK to marry. Is that right?

    because it says "a combination of the following documents according to your circumstances." we are not taking any chances of rejection and submitting all we have - you can never have too much, but you dont want to fall short of not enough info, right?

    Do we need to submit anything to do with work at all for a fiancee visa? from your post section 3...

    ..so just submit work information when applying for the spouse visa?

    plus - the passport photo required - that is just the one from the visa applicant or do I need to supply one for the application too?

    just a bit confusing.

    thanks again for your help.
     
    #3 jezelf, Aug 25, 2006
  4. Triple H

    Triple H Addicted member

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    #4 Triple H, Aug 25, 2006
  5. jezelf

    jezelf New Member

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    Great - thanks for the link!

    and your time :)
     
    #5 jezelf, Aug 25, 2006
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