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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an American citizen. My fiancé is a British citizen. He

Resolved Question:

I am an American citizen. My fiancé is a British citizen. He wants to marry me on a tourist visa. If we are married in the US can I live and work with him in the UK?
Submitted: 9 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 9 months ago.
Hi

Do you meet the financial criteria for a spouse visa?

Tom
Customer: replied 9 months ago.

I don't meet the financial requirements. However my fiancé is a skilled worker who meets the financial requirements.

Expert:  Thomas replied 9 months ago.
Hi

Is there a reason why he wants you to marry on a tourist visa, rather than a fiancé visa?

Tom
Customer: replied 9 months ago.

He's coming for a week so I just thought that was considered a tourist visa?

Expert:  Thomas replied 9 months ago.

Hi

 

Thanks, XXXXX XXXXX now.

 

I have unfortunately just left for work. I would like to give you a complete answer in an hour, if that's okay.

 

You will be able to move/work to London though, I will tell you how.

Tom

Customer: replied 9 months ago.
Thomas,

Thank you so much.
Expert:  Thomas replied 9 months ago.
Hi

Thanks for your patience.

If you marry in the US then you willl need to apply for a spouses visa (ie. Settlement) if you wish to come here to settle permanently. You need to apply at least four months before you plan to travel and you (ideally) should instruct a solicitor based in the UK 4 months before you intend to travel.


If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time. You can apply for indefinite leave to remain once you have been here for 5 years. After that you can apply to be naturalised as a UK citizen.

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Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

If my uk parter isnt planning on living in the US and we are just planning on going back to the UK to live and work surly he wouldn't need to apply


 


Once married would i be eligible to work in the uk as an US citizen and un skilled worker without sponsorship?

Expert:  Thomas replied 9 months ago.
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Customer: replied 9 months ago.

Thomas,


Do you have the contact information for a spouse visa? The contact information for me to speak to someone about a spouse visa.

Customer: replied 9 months ago.

You mentioned that it would be advisable to hire a UK solicitor to help organized and arrange my spouse visa. Can you put me in touch with someone that I can talk to do this & would you have any idea of the rough cost?

Expert:  Thomas replied 9 months ago.
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