Forum Immigration UK

[artemis358]

I'm a US Citizen looking to join my UK Citizen partner in the UK within a years time. We've been together for nearly two and a half years and visit each other approx. 3-4 times a year. We know without a doubt that we want to get married and I think it would be better to get a Fiance visa. However, She's still in med school, her parents pay for her education and cost of living and her father thinks I should obtain either a workers visa or HSMP visa. I am 26, have a good career, and chances of me finding employment would be favorable. Her mother is neutral as to what action we take-i just want to make sure we go with the BEST choice.

What would be more ideal....the fiance visa or a work permit/HSMP visa?

I'm feeling reall torn over this. When I visited her for two weeks in April Customs gave me a hard time when I said I was "visiting my fiance." I think they thought I was trying to marry her while I was there and had to reassure them that I was just visiting. I then said "when I do plan on moving I'll get a workers visa." Customs then said I was going about it the wrong way-that I should go under the visa I intend to be in the UK for...which truly is the fiance visa.

Any advice would be great, as I don't want to upset her father's wishes but also need to be compliant. Thanks!

[Triple H]

her father thinks I should obtain either a workers visa or HSMP visa.

Thats the only answer for you.
Obtaining fiance visa may prove difficult for you.Her circumstances are not favorable.

[artemis358]

Thanks for your quick response! So, even if her parents write a letter of support on her behalf it's still unfavorable for her? Just trying to clearly understand. Thanks so much!

[Triple H]

They could write all the letters,it could help.
There is overwhelming chance that such application is refused.
I would never attempt to apply in such circumstances,student with no job.
After you got married and documents are processed by immigration you`d be able to work,not before that.That could take months.


You can read more here@
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766

[artemis358]

Thank you again for your advice. Looks like i'll be pursuing either the worker's permit or Highly Skilled visa! You've been most helpful.

[artemis358]

Thanks for the link. In terms of not being able to work for months, I'd be financially secured. I have enough money to not work for a considerable period of time but would be actively seekly employers as well. About this link...

I'm confused again! Within this link it says:

•in considering an application, ECO's must concentrate on the circumstances and intentions of the applicant. Information from (and support of) a sponsor can be very helpful, e.g. when assessing maintenance/accommodation. It should be given full weight, but will rarely impact on the intentions of the applicant;

and:

Reaching the final decision
The burden of proof is on the applicant to satisfy the ECO that he or she meets the requirements of the Rules. In discharging that proof the applicant need only do so "on a balance of probabilities". You should weigh up the evidence before you as a whole, allowing for points both in favour of an applicant as well as any that may go against him. These applications have a right of appeal against the ECO’s decision and an explanatory statement will have to justify a decision to refuse.

Does this give me more validity in applying for a Fiance visa? I just want to do what is right. Again, advice is most helpful! Thank you so much

[Triple H]

I`ll put it plain and simple.
Student with no job to sponsor you ,unless she is rich.
You may try, but if I was you and you mentioned good qualification and job prospects I`d definitely go for that.Fiance visa may look easy option but in the circumstances I would not think so.Than again if you have healthy bank balance that could work in your favour.
The decision is yours of course.