UK Immigration Law
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Hi, where is the US Citizen currently based?
What permission does the US Citizen have to be in the UK?
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.
He did not apply for a fiance visa as at that time she did not yet hold her British Passport.
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.
Are you absolutely sure? Are there no other avenues?
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.
Is that the only form necessary and will it entitle him to work here?
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.
As a Fiancee, he will not be entitled to work.
They already got married last week.
Tourists are not generally permitted to marry
I know and I am telling you there must be another avenue for them. So what forms will he need now?
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.
Do you know the name of the form?
It would still be a Form VAF4A which will have to be submitted in the US.
The only alternative is an application for Discretionary Leave to Remain.
There must be a way to apply from here, they do not want to be separated and she works here.
However, this will require a 10 year visa before indefinite as opposed to a 5 year visa, under the Spouse rules.
Ah, tell me about that one... Please?
He can apply under teh discretionary rules but this will lead to a 10 year visa and then ultimately Indefinite LEave to Remaon.
Under the rules of a Spouse Visa, a 5 year visa is granted and subsequently Indefinite Leave to remain.
That sounds fine, what is the form number, how much is the application fee and where do I get the form?
Also will he have to pay again during the 10 years or is it for 10 years straight?
The Form you require is Form FLR M. The fee is £561.00
Yes that was the one I thought. And that one is for 10 years straight?
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.
And what will he need to provide them to apply for the Discretionary Visa?
He will need to provide all the evidence pertaining to your relationship, including marriage certificate, wedding photos, details of the subsisting relationship.
Are there any other tips you can recommend?
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.
Will I be able to ask more questions should they occur?
Thank you for your help so far.
Of course you can. If you re-post in this thread, I will be more than happy to ansdwer any follow-up questions.
I hope this answers your questions. If so, kindly click ACCEPT.
If I can be of further assistance, please feel free to ask follow-up questions.
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