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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 28837
Experience:  25 years hight street experience
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Hey i am an expert in the computer category here and dont know

Customer Question

Hey i am an expert in the computer category here and dont know why i didnt think to ask somebody here earlier.

I visited a woman in England in January ( I am american ) Lived with her and her 2 kids for 6 weeks and then we all came to visit america a month ago. Last week we got married in america. We would like to go back to england to live. Trying to get accurate visa information seems difficult and filling out their website impossible.

I thought that i could get a 2 year residence visa for about 400 bucks. But going through marraige settlement got me a something that cost 1400. I think i can cancel that app and get my money back up until i go for the biometrics tomorrow. If i go through the visiting for 2 years will i get the right visa ? Can i work on that visa?

She has 2 kids which i think in america i am not respobsible for but in britain i am. I dont mind that part but i cant for the life of me figure out whether they would be included in the application as dependents. They have UK passports and wouldnt need a visa but they are travelling back with us.

In any case i work mostly on this site and my income isnt that easy to prove and i would technically have no employer so i dont know what to put down on that either. the stupid site asks me what my job is and offers self employed as a choice which i select and then it asks for my employers phone number huhhhh??

any help that you could give on what the best visa would be with the most likely chance of getting me in there would be apreciated.

Thanks.
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.

Is your wife currently employed?
If so how much are here earnings gross?
Does she have ample accommodation for you in the uk?
Does she have any savings?

Kind regards
Customer: replied 1 year ago.
1. My wife is on disability in the UK for epilepsy. That should make her exempt from the income requirements. Though i dont believe those even come into play once we are married.

2. She has a 3 bedroom house for her and the 2 kids. We had no problem staying there for 6 weeks.

3 she has little or no savings though she gets by well enough and i make enough to cover anything that she would lose in benefits
Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.
No that really does not help me at all. I have been up and down that website. there is no "spouse" visa. although there is a fiance visa and a spouse visa in the laws there seems no way to get to "spouse" visa on the website

You have to choose between settlement or visitor ( or 5 other categories none of which is spouse ) Once you choose either settlement or visitor you THEN have the option to choose married or civil partner as one of the criteria. My question was which one did what ?
Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.

that is what I did the problem is that it never gave me a choice of how long I would be there. It automatically gave me the unlimited one and charged me 1400 rather than the 365 for a 2 year visa which I should have been able to get maybe through the visiting option

 

At this point its kind of moot as I registered my biometrics yesterday and I don't think I can get a refund anymore

Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.
My concerns were is there another visa that i could get that would be cheaper but still allow me to live with my wife in the uk and work in the uk with the possibility to extend it that would be cheaper. how would i find that visa on the website.

is it possible to switch to that visa type now that i have already paid them and had my biometrics taken but have not yet mailed them the forms and receive a refund for the money spent.

Which visa type would be more likely to be accepted and which would be accepted faster.
Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.

Honestly I have read the entire website and all of the relevant immigration laws for this particular situation and I think I know it better than you seem to,

 

There IS a 2 year visa for marriage. as well as a 6 month visa for marrying in the uk but not staying there. In fact one of the things I read said that they will "typically" give you permission to stay for 2 years with "a mind towards settling in the future"

 

thanks for your time but really I don't think you specialize in immigration and I suspect you have never used the website which is the part I was having a problem with as it does not match the actual laws but rather was written for people that don't know the laws.

 

I thank you for your time but really you don't know any more than I do and to continutally send me back to the same website which I say is not clear is a waste of both our time. could you please opt out and maybe there is an expert that does specialize in immigration there ?

 

thanks

Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.
I dont know that it matters at this point. I probably should have asked sooner but at this point i think i am kind of locked in to my choice. i somebody has information and a way that i can switch visas and get a refund that would be fine. i dont mind it sitting here for a bit. I am a computer expert on the site so the money is just sitting in my expert account anyway. If nobody comes up with anything in a few days you can close it out.

thanks.
Expert:  Wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a UK Legal Professional for you.

Regards,
Wendy
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.

It seems ALL immigration law is old. Looking at the laws to get into the US you can be a member of al quida and you can have ebola no problem but you have to swear that you are not an active member of the Nazi party and don't have pre marital sex.

 

I have been all over the website. I have looked at the actual laws. My problem is not that I don't know where to look on the website for the law. My problem is that the website has contradictory information on it and there is no link that says CLICK HERE to get that visa. Instead you have to go through the 1 size fits all "get a visa here" link and answer questions. those questions put me into a marriage visa which has no choice of how long you stay and costs 1400 dollars where as there are other parts of the website that give you the option of 2 3 or 5 year visa's for marriage and cost 300 500 and 1000 instead. Yet there seems no way to get to them.

Expert:  Clare replied 1 year ago.
Hi
Can you find the link that suggested there were other options so I can check what you are referring to - I suspect I know but need to check that we are looking at the same thing!
Claire
Customer: replied 1 year ago.

As it is I already paid them and had my biometrics taken so I don't know if I can get a refund. I would be happy to pay you if you can tell me how to get the 2 or 3 year visa with option to re apply after it expires which seems exactly the same thing but costs 1000 less. If you can get me that and my thousand back than I will be happy to accept your answer with a bonus.

 

But I am pretty sure that your colleague never actually used the website ( which is HORRIBLE ) and so just pointing me back to relevant pages on it does nothing for me. I have already read them all. They just don't match what the website actually gives you and there is absolutely no help at all for navigating the application portion of the website to get what the website says you can get.

Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
not sure if you still want to try. I mailed the application in on Friday and expected them to get it today (though I hear it is a holiday in England and the embassy may not be working ) I am about ready to just give up and let them make their decision and call the money irretrievable but here is the reminder lol
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
there appear to be options in the law that are not in the website but really I cant tell because the website seems to not match the law at all. for instance you can apply under visitor and then select marriage as the type and it will then ask you how long you want to stay for. but there is no information as to whether you would be allowed to work during that time.
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
I think thats a different one because that one is only good for 3 months and these have choices for 2 3 and 5 years
Expert:  Clare replied 1 year ago.
Hi
Any chance you can send me the link?
Claire
Customer: replied 1 year ago.
It is the same website that you have been sending to me. If you select visit rather than settle it will then give you the option for marriage as the next choice. it then goes into how long you want to stay and then a ton of financial questions as i recall.
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
I just dont see that although anything is possible i guess. I would say that is the fiance visa and those require that you get married within 6 months so why would they give you 2 3 or 5 years ?
Expert:  Clare replied 1 year ago.
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Clare
Clare
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25 years hight street experience