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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, I live in the UK, My boyfriend is from the US. We plan

Resolved Question:

Hi, I live in the UK, My boyfriend is from the US. We plan on moving in together in the UK, he has job opportunities over here and we plan to start our own business over here, eventually. We don't plan to get married for a while, also, I have two children from a previous relationship that broke down a few years ago. My question is what is the easiest, cheapest way to bring him over here so that we can be together permanently?
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Howard replied 9 months ago.
He can only come here as an unmarried partner if you have both lived together in a relationship akin to marriage for at least 2 years.

As you do not wish to get married in the near future then a Fiance visa would not be suitable.

If he has job opportunities here then the usual way for him to come here would be sponsorship by a UK employer under Tier 2 General. The job would need to be at a suitably skilled level with a suitable salary and the employer would need to be registered as a sponsor with the Home Office.
Expert:  Howard replied 9 months ago.
Did you make a mistake with the system or did you not like the answer?
Customer: replied 9 months ago.

I Accidentally pressed the wrong thing, I apologise. I do need some more advice regarding my previous question. I was wrong about us not wanting to marry for a while since he proposed 2 nights ago and we are now engaged. My question is, how can he come home permanently and how quickly can we make it happen? Also, I am currently receiving benefits and training to become a nail technician. If I were to work full time at minimum wage I wouldn't be able to pay for my house so I would have to work part time and receive working tax credits, would this affect us? If so how can we work around it?

Expert:  Howard replied 9 months ago.

No problem and congratulations!

 

Please could you rate the answer given with a more appropriate response. I will then be happy to answer your further questions.

Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

Do I need to resend my message now?

Expert:  Howard replied 9 months ago.
Thanks for that.

A fiance visa would have the same requirements as a Spouse visa. There is a financial requirement whereby you must demonstrate taxable income of at least £18,600 for the last 12 months or have significant savings (or a mix of the two). You would also be expected to demonstrate the nature of the relationship - show communications and that you have met. The exception to this is if you are receiving specific types of benefits such as incapacity benefit, etc.

The requirements for this visa are currently under quite close scrutiny and there is the possibility that they may be relaxed a bit. This might be of interest (refers to a Spouse visa but the same rules):

http://bia.homeoffice.gov.uk/sitecontent/newsarticles/2013/july/16-judgement

Full details about the Fiance visa can be found here:

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

If you are not going to be able to qualify for a Fiance visa based on the current rules then the only other option is to find an employer for your boyfriend in the UK and get sponsorship under Tier 2 General or for him to come here and study with the Tier 4 student visa. Obviously some of these options might not be suitable.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and other UK Immigration Law Specialists are ready to help you

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