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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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What paperwork needs to be filled out if a US citizen is married

Resolved Question:

What paperwork needs to be filled out if a US citizen is married to a UK citizen in England, in order for them to remain with their spouse and work legally, leading to British citizenship for the us citizen?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  INC replied 1 year ago.

INC :

Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.

INC :

Hi, where is the US Citizen currently based?

Customer:

In Cornwall.

INC :

What permission does the US Citizen have to be in the UK?

Customer:

Just here as a tourist. He has been together in the US with her for over 4 years. She was born in USA but is a British Citizen, as her grandfather had 30 years of Crown Service. They arrived here in september and she now holds her british passport.

Customer:

He did not apply for a fiance visa as at that time she did not yet hold her British Passport.

INC :

If this is the case, he will have to return to the US and submit his application from there as a person is not entitled to switch from a Tourist Visa into any other category of visa.

Customer:

Are you absolutely sure? Are there no other avenues?

INC :

Hi, yes positive!! He will have to return to the US and submit his application from there. The form he will need to use is a VAF4A which can be downloaded from the UKBA website.


 

Customer:

Is that the only form necessary and will it entitle him to work here?

INC :

As he is applying as a Fiancee, he will need to show that he intends to marry and subsequently live permanently with his UK National Partner.

INC :

As a Fiancee, he will not be entitled to work.

Customer:

They already got married last week.

INC :

oh...

INC :

Tourists are not generally permitted to marry

Customer:

I know and I am telling you there must be another avenue for them. So what forms will he need now?

INC :

If that is the case, he will need to submit an application for a Spouse Visa, from the US. Once granted, he will be permitted to work.

Customer:

Do you know the name of the form?

INC :

It would still be a Form VAF4A which will have to be submitted in the US.

INC :

The only alternative is an application for Discretionary Leave to Remain.

Customer:

There must be a way to apply from here, they do not want to be separated and she works here.

INC :

However, this will require a 10 year visa before indefinite as opposed to a 5 year visa, under the Spouse rules.

Customer:

Ah, tell me about that one... Please?

INC :

He can apply under teh discretionary rules but this will lead to a 10 year visa and then ultimately Indefinite LEave to Remaon.

INC :

Under the rules of a Spouse Visa, a 5 year visa is granted and subsequently Indefinite Leave to remain.

Customer:

That sounds fine, what is the form number, how much is the application fee and where do I get the form?

Customer:

Also will he have to pay again during the 10 years or is it for 10 years straight?

INC :

The Form you require is Form FLR M. The fee is £561.00

Customer:

Yes that was the one I thought. And that one is for 10 years straight?

INC :

Yes he will have to pay again during the 10 year period. Generally Discretionary Visas are granted for a period of 2.5-5 years, therefore, he will have to apply at least once during the 10 year period.

Customer:

And what will he need to provide them to apply for the Discretionary Visa?

INC :

He will need to provide all the evidence pertaining to your relationship, including marriage certificate, wedding photos, details of the subsisting relationship.

Customer:

Are there any other tips you can recommend?

INC :

I would suggest you provide as much evidence in relation to your subsisting relationship and the details of why returning him to the US would be a breach of your Article 8 Human Rights, the right to a private and family life.

Customer:

Will I be able to ask more questions should they occur?

Customer:

Thank you for your help so far.

INC :

Of course you can. If you re-post in this thread, I will be more than happy to ansdwer any follow-up questions.

INC :

I hope this answers your questions. If so, kindly click ACCEPT.

Customer:

Thank you.

INC :

If I can be of further assistance, please feel free to ask follow-up questions.

INC :

kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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