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 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

 

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.

 

Great - thanks for the link!

and your time