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✎ EN My Story and Issue (Me:British, He:American)

Tema en 'Immigration UK' comenzado por PD_Mmm, 13 de Octubre de 2005.

  1. PD_Mmm

    PD_Mmm New Member

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    Hello Friends,

    Heres my story, and I hope someone can point us into the right direction.

    I'm a British girl working here in the USA on a H1-B. I'm been here 10 months now. He is a US Citizen. He is also a divorcee, with full custody rights of his 8-year old son.

    We want to get married, and settle in the UK. So, the questions are:

    1) How can we apply to move back to the UK? Would this be easier if we were married already?

    2) Is it better to get married in the USA or UK?

    3) My family is in the UK. Could we go to the UK for a holiday and get married there, come back to the USA to wrap things up and start processing the paperwork to move back to the UK?

    My biggest concern is our little boy, and I've read up on the family visa, but, I realize that I've probably not read up enough, as its only today my partner and I have been discussing our options.

    Thanks for reading, and I look forward to your replies.

    PD
     
  2. catherino

    catherino Member

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    Hi PD

    As I understand it, in order for your US partner to apply here you have 2 (maybe 3) options.

    1. Your partner could apply to enter the UK on a fiance visa. It is a 6 month visa, but you have to get married within the 6 months (unless there is a very good reason). After that you can apply from within the UK for a spouse visa (which is for 2 years in the first instance, after that he can apply for indefinite leave to remain).

    2. You could get married in the US then your partner could apply to enter the UK on a spouse visa, which would be for 2 years, afterwhich he could apply for indefinite leave to remain.

    3. The third option, which I don't think applies to you, is to enter on the unmarried partner visa. For this though, you have to have been living in a relationship 'akin to marriage' for at least 2 years, and would have to provide various documents to support this.

    If you apply for a fiance visa, then you will have to pay once for the visa in the US, then once you are married you would have to pay again for the spouse visa. Also, with a fiance visa, your partner would not be able to work in the UK. With a spouse visa he will be allowed to work. With any application you will have to show that there is sufficient accomodation for you in the UK and that you will be able to support yourselves without 'recourse to public funds' (no jobseekers allowance, etc)

    I don't think that it is any easier to get married in the UK or in the US, they are both the same I think (apart from paying out twice for a visa and your partner not being able to work) it's probably down to your personal preference.

    You would not be able to enter the UK for a holiday and get married here. The marriage rules changed in February this year. In order to get married in the UK to a non UK spouse, they either have to enter this country on a fiance visa or have special written permission from the Home Office, without either of these conditions no-one in the UK will marry you.

    It looks like your partner's son would have to apply seperately for a family visa as a dependent of a person intending to settle in the UK.

    If you need further info, try the UKVisa website.

    www.ukvisas.gov.uk

    Hope this helps

    Cathy
     
  3. PD_Mmm

    PD_Mmm New Member

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    Thank You Cathy!

    Cathy, you're a star! Thank you for taking your time to answer my questions! Your response means a lot to meme and allows us to consider our options! {hugs} to you! :D
     
  4. catherino

    catherino Member

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    You're very welcome! I hope everything goes well for you both. I'm sure you'll have no trouble no matter which option you go down. As long as you follow the rules and tick all of the Home Office's boxes it should all be straight forward. :)
     
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