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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6397
Experience:  BA (Hons), PgDip, Practising Solicitor
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With a valid US passport and no criminal history and in good

Customer Question

With a valid US passport and no criminal history and in good standing with the US..what type of UK visa would be appropriate to apply for first in order to live with a UK citizen and raise a child with and eventually get married within a year? Just want to know so I do not fill out the wrong visa and delay the process any longer then it takes already..Thanks in advance for pointing me in a direction.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

The person you are to live with, are they a UK citizen?

Do you presently cohabit with them?

Tom.

Customer: replied 3 years ago.
Yes they are a UK citizen.
No we do not live together.
We would like to live together and that is what brings me to you. I need to know what I need to do, and I need very specific, instructions. Thanks for getting back to me and look forwrd to talking more about this.
Expert:  Thomas replied 3 years ago.

Hi,

 

I'm afraid that because of your lack of cohabitation you are not eligible to apply for an unmarried partner's visa to come here and work right away.

 

The only work visas that are available at the present time are those which require a licensed sponsor employer on the job in in shortage occupation list:-

http://ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

You would have to have a job offer and degree though and meet the other points based criteria:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf26pbsskilledworker


Alternatively, you could apply for a student visa but would neet to meet the points based criteria and have an offer from a licensed college/university:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf29pbsstudent

 

You could apply for a fiance visa. These are for persons coming here to marry. Fiances are given 6 months leave to remain in which to marry. The criteria is as follows:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

You will see that I have put suggestions of documents you should submit with your application in brackets.

 

You would have to apply to the British Embassy/Consulate using form VAF4 which is available for download from the UKBA website.

 

You could come here on a visitor's visa for up to 6 months, during which time you could spend some time with your fiance, arrange the wedding and prepare your fiance visa application to submit when you return home. You cannot apply for it whilst you are here on a visitor's visa.

 

However, during any time on a visitor's visa or fiance visa you would not be permitted to work.

 

Once married you would then have to apply for a spouses visa which is granted for 27 months, after 24 months you can apply for indefinate leave to remain in the UK.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

What is the best way to proceed so I would not have to "leave and submit more applications".?

..since my girlfriend in the UK wil be having our child around late November. I want to be there and not have to leave so I am doing a lot of homework right now!!

Expert:  Thomas replied 3 years ago.
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