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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2150
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear Sirs, I have a question or 2 and hope somebody out

Resolved Question:

Dear Sirs,

I have a question or 2 and hope somebody out there can help.

I am a born and bread British citizen and would like to bring my girlfriend over from Australia to stay for at least one year, and be able to work! My girlfriend is 30 years old and healthy. She has no criminal record and nothing else like that that could go against her application!

We met 2 weeks before I left Australia and carried on getting to know each other over the phone and email, resulting in her coming to the UK for a month last year and have stayed in contact since then.

I know its a bit of a cliche, but I honestly think this girl is "the one"!

The question is, how do I get her into Britain and able to work??

We originally looked at doing a partner visa, but according to the border agency we need to be living together for 2 years!?? Although it says nothing about this on their website! Is there anyway around this as it is affecting my human rights by denying me the right/need to be with my girlfriend!?

Another possible option is the finance visa. Is it right that to do this you have to be married with in 6 months of arriving? If that is the case, is there anyway of getting an extension of any sort??

And lastly, could somebody give me any pointers on the tier 2 visa? How straight forward is it? Are there any restrictions?? My girlfriend got her degree in Sydney and is a qualified nurse.

I hope somebody is able to help and bring a little order to this chaos!

Kind regards

Rob
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

There do seem to be a lot of issues here that you have outlined in your question so I will take it one at a time.

1. In respect of a unmarried partner's visa you and your partner must have been living together for at leave 2 years, for this you would need to produce evidence of cohabitation, which in your case does not seem applicable. i would therefore safely say that this visa would not be applicable to your current situation.

You may wish to use the human rights aspect in respect of your application, but as she is only your partner and not your wife, there is not enough in your situation unfortunatley to trigger the home office to consider your matters under the human rights acts, in any even the home office has now structured the rules as to include what proportion/weight should be given to what factors , thus severely limiting your ability to exercise your human rights in respect of family/private life.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/apply-visa/

2. Regarding a fiancee visa, yes you must undertake your marriage within the specified 6 months, you can extend a visa on the basis of a fiancee however, there must be a sever reason for the wedding not being undertake for the home office to extend the visa.

3. Tier 2 visas will be applicable only if your partner is able to find a company willing to sponsor her or the NHS in this matter. The company must have been granted a certificate of sponsorship, if the company does not have this then they are unable to sponsor a migrant. If the sponsor does not have the capability to sponsor a migrant then her application will not be accepted. She must have at least a degree equivalent to a uk bachelors degree.

In your situation I would suggest that a Tier 2 visa would be the best option, as you do not want to marry or plan to marry simply because you want her to be in the UK and work.

I would suggest you read the following link on a tier 2 visa which may have further information:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk/

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2150
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi UK Lawyer,

Thank you very much for your answer, its been good help!


 


I have a couple of other questions on the visa subject if you don't mind.


 


I have spoken to my girlfriend and she is under the impression that a tier 2 visa would take along time to get sorted because of various exams and registrations,, so I have suggested the route of marriage, which we're both daunted by but happy with!


 


Could you please tell me, how easy is it to be able to work on a prospective marriage visa and what restrictions if any there are, how straight forward is it??


 


Thanks again,


 


Rob

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

There are two types of visas you can apply for in respect of marriage:

1. Fiancee Visa which I have already explained in my previous answer. This does not allow the applicant to undertake employment for the duration of the visa (which is 6 months). Once you have married within the allocated time, she can then switch to a spouse visa by making an application from inside the UK. Once she has obtained a spouse visa there will be no restrictions in respect of undertaking employment in the UK.

2. You marry outside of the UK, and apply directly for a spouse visa, on the granting of which she will be able to undertake employment upon her arrival. This will be granted for 33 months and would need to be extended for another 30 months once it expires. Once she have been in the UK as your spouse for 5 years then she will be able to apply for indefinite leave to remain in the UK.

I would suggest option number 2 as this will save you having to pay two application fees and the documentation is the same for both visas so applying for a visa under option 1 (duration of only 6 months) does not make sense.

3. The documentary evidence you need to provide will be the following:
Evidence of your subsisting relationship ie emails, letters, skype conversations, telephone conversations
Marriage certificate (if using option 2)
Evidence of accommodation ie house report undertaken by the local council or estate agents or a solicitor
Evidence of your ownership of the property ie land registry documents or tenancy agreements
Bank statements going back 6 months
Photographs of you and your partner (if any)

I hope this answers your question.

Kind regards
Customer: replied 1 year ago.

Hi UK Lawyer,

 

Thanks for the reply, I wish I was in a position to be marrying abroad, it looks like I'll be going for option 1.

 

I have a couple of other questions I need answering if you wouldn't mind.

 

If we got married before the 6 months was up, would my girlfriend/wife still have to wait the full 6 months before being able to work? Or is there a bridging visa?

 

Is it just a fiancee visa or is there a prospective or civil partnership visa option?

 

Could you post a link to the correct forms for a fiancee visa just to make sure we're filling the right forms out.

 

Thanks

 

Regards,

 

Rob

 

 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. She would only be able to work once she has been issued with a spouse visa. She would not be able to work during the application period or while her visa is still pending.

2. There is only a fiancee visa/civil partner visa. In your case as you would like to undertake the wedding in the UK a fiance visa would be applicable to you. Please see the following link for a fiance visa:

http://www.bia.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/apply-visa/

I hope this answers your question.

Kind regards
Customer: replied 1 year ago.

Thanks for that UK Lawyer.


 


I hope I'm not repeating myself, but I could do with some clarity.


 


I've visited the link you posted but I just seem to end up going around in circles, which is not fun!!


At the minute the website seems to be down. It crashes when I enter "Australia" into the - country finder. Is there any chance you could link to the fiancee visa form directly or even if you gave me the form number, it would be a great help!!


 


Here's a couple of other questions-


 


If we're married before the 6 months is up can we apply for spouse visa sooner?

How long, roughly does a spouse visa take to process?

Is there a bridging visa whilst we wait for the spouse visa to go through?

What are the financial requirements for my girlfriend to be able to stay for the 6 months. We'll be living at my parents house for the 6 months.


 


Apologies if I'm repeating questions, just wanna make sure I've got things right.. And also the UKBA site is a real pig to use!!


 


Kind regards


 


Rob


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply. It is not a problem at all.

1. The link that I had posted has the forms on the right hand side of the page the form in a VAF4A:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a.pdf

For the full forms are on the right hand side of the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/on-before-8july/apply-visa/

2. You may apply for the visa as soon as you are married.

3. There is no bridging visa, your wife would need to wait until she receives the spouse visa to work in the UK.

4. You would need to be earning at least £18,600 gross and you must be in employment for 6 months. You need to provide 6 months of bank statements and 6 months of payslips.

If your parents are providing accommodation then they need to do a declaration confirming they have no objection to her residing the the property for 6 months. You would also need to do a house report confirming that there is ample room for her to reside in the property and it will not become overcrowded. A house report can be undertaken by an estate agent/solicitor or your local council.

I hope this answers your question.

Kind regards
Customer: replied 1 year ago.

Cheers for that, it's appreciated, and so much easier with the info laid out like that. I was under the impression there were 2 seperate forms for appying online or in writing, and ended up going round in circles. grrrrrr.lol.


 


But now all that leads to another. Could it be worth or possible for my girlfriend to come into the country on a tourist visa, and get a spouse visa later on down the line?


 


Thanks for your time.


 


Rob

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply. Its a pleasure.

Unfortunately not, the UKBA does not allow individuals who are on a visit visa for 6 months to switch to another visa category from inside the UK.

Your partner would need to apply from outside of the UK.

I hope this answers your question.

Kind regards
Customer: replied 1 year ago.

Thanks for that UK Lawyer, Just a couple of others..


 


I got a print out from an estate agents detailing the amount of rooms in the house and what they are..


 


Or, my dad still has the estate agents particulars from when he bought the house.. Would either of these do as a home report??

On Part 5 of appendix 2, there is a section for- Continuation and Additional Information.. Is it worth putting in about any small amounts of savings we might have? Before they only wanted to know about savings over £16,000..


 


Also,, the financial requirements state that I must be earning £18,600 pa,, at the moment I'm on a casual contract earning about £15,000pa, but middle of May I am due to start a new job that I start on about £22,000pa.. Will this be an issue as they want 6 months of wage slips??

Thanks for your time.


 


Regards


 


Rob

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. You would need the estate agent to come to the house and state the measurements of the house and then make a report detailing the persons currently in the house , their names and whether it would become overcrowded etc

2. Yes you may state what savings you have in the appendix.

3. This will be an issue as the 6 months payslips you provide must average to £18,600 per annum. Until you have not been employed for 6 months in your current employment and provide 6 months salary to evidence this your application will not be granted.

Kind regards
Customer: replied 1 year ago.

Thanks for clearing that up.


 


As for the issue with payslips, ok I don't have the funding but could my girlfriends savings be taken into account and used to balance things out, and also the fact that she is a qualified nurse and has been doing a job in oz that is in high demand over here must account for something!? My point being she has money saved to cover herself for 6 months as well as my money and the fact I don't really have any out-goings! She'll also be desperate to start work asap (after the 6 month thing)..


 


Space isn't an issue, I have 2 bedrooms and so does my dad!.. Everyones moved out, its just me thats ended up back at home..

Thanks for your time UK Lawyer.

Regards

Rob

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply and its a pleasure to have been of assistance.

The fact is in an application where the applicant is applying from outside of the UK only the sponsor's financial situation will be considered not the applicant's. This is because the home office do not want to authorise persons to come in the UK who may become reliant on public benefits and for someone to meet the requirement they have set the salary threshold at £18,600 OR if you have savings of £64,000 in your account for 6 months this would bypass the salary threshold. Because if you are earning the required amount of having savings of £64k you are unable to claim any public funds.

I hope this clarifies the matter.
Customer: replied 1 year ago.

OK, well thats put a bit of a spanner in the works!

I've just spoken to UKBA and they were about as useful as a chocolate tea pot!!

The person I spoke to wouldn't say if it was a definite fail not meeting the wages criteria or not.. Part of me thinks I should still go for it because they look at things by a case by case,, I think? and anyone with half a brain would see that we've got things covered and not a threat to the benefits system!

In your professional opinion, do you think it would be worth a risk putting the paperwork together and making payment to get the ball rolling for the visa??


 


Or option 2,, we marry outside the uk and directly apply for a spouse visa before we return? Would you mind answering some questions on this please.

Is there any time limits on how long we have to be together before we apply to come in to the country after getting married?

How does her being Australian and not european effect the visa process?


 


Basically, is it as straight forward as it is in my head.. we meet up in Paris, we get married, and in the next few days we get visa forms sent off. Some time later (a couple of weeks?) we get an email granting us our visa, we then book tickets to come home and live happily ever after??

But, if I need to come back to the UK before the visa is granted so I can start my new job, would my wife be able to come in on a holiday visa and wait for the spouse visa to be granted as it was applied for whilst we were outside the uk??

Just as I thought this was coming to an end it all unravels!!...


 


Thanks for your time UK Lawyer!


 


Regards


 


Rob

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