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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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I am an American citizen. My fiance is British RAF. We met

Resolved Question:

I am an American citizen. My fiance is British RAF. We met in 2005, and have been doing a very long distant relationship. I want to move to the UK to live with him before we get married, and I would like to be able to work. Currently, I am enlisted in the PA Army National Guard, and my contract ends March 2012.
What are my first steps in being able to live and work in the UK? What fees are involved? Thank you for taking the time to answer my questions.
Heather Healy
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 2 years ago.
Thank you for your question.

There are 2 options available to you. I am assuming for the purposes of this question that your partner is stationed in the UK for the majority of the time.

Firstly you could apply to come to the UK on a fiance visa. The US attorney was half right in that this would give you a 6 month visa during which time you would need to marry and then apply from within the UK for a spouses visa. This would not give you citizenship but it would give you a 2 year probationary visa during which time you could work and study in the UK without restriction. If the RAF wanted to recruit you during this time then they could do though it would be wise to consider before doing this, how long you have to spend out of the UK during this initial 2 year period as this could affect your entitlement to getting indefinite leave to remain at the end of the 2 years.

Secondly, you could apply for a Tier 2 general visa if you get a definite job offer from the RAF. They would have to satisfy the resident labour market test (ie prove that they had tried to recruit someone appropriate from within the UK and couldn't) before they were able to issue you a certificate of sponsorship. This option is much more difficult to get in to than the first option and the waiting time to indefinite leave to remain is 5 years rather than 2.

If you and your partner definitely want to marry and make the UK your home, then the fastest and easiest way to do this would be to obtain a visa on the basis of your relationship. You will need to show that you satisfy the following requirements of immigration rule 290:

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/fiance(e)sandproposedcivilpartne/

You would need to do this by completing a VAF4A and submitting this with your supporting evidence and the fee to the British Embassy in the USA.

http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a

As you are from an English speaking country, you will be exempt from having to pass the English language requirement, however you will still need to complete the form to show you are exempt.

http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4aannexelt

Thank you.
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  CharlotteSJ replied 2 years ago.
Before this is relisted, do you mind if I ask what you don't like about the quality of my answer? It will assist me in future though if you do not feel that I have provided enough information, I am happy to answer any further questions you may have on the subject.

Thank you.

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