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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im planning on moving to the UK with my English boyfriend.

Customer Question

Hi, I'm planning on moving to the UK with my English boyfriend. I'm wondering what kind of visa I should apply for if we will eventually marry (in the US) and I plan on working. Thank you.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Would you marry before you leave for the UK or within 6 months of arriving in the UK?

Kind regards.

Tom

Customer: replied 2 years ago.
Not sure. But if it helps, within 6 months. Would it be better to marry in the us or uk?
Expert:  Thomas replied 2 years ago.

Thanks, XXXXX XXXXX be able to answer in an hour.

Sorry for the delay


Tom

Expert:  Thomas replied 2 years ago.
Hi, Thanks for your patience.If the plan is to settle in England once you are married then you will need to apply for settlement.You can either marry in the US (before you leave for the UK) and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee. Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees. The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries. Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:- • You plan to marry within 6 months of her arriving here • You plan to live permanently together here • You have met each other • You can support each other without the need for public funds • 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 have to produce to the UKBA documentation that proves the above. This would be some of the following:-• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.• Bank statements from both you and your husband 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 husband 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 (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement • You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those rolesFurther 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 fiance/spouses visa using form VAF4 which is available for download from the UKBA websiteGenerally, 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 should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:- http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept. I will answer your follow up questions you may have.Kind regards,Tom
Expert:  Thomas replied 2 years ago.

Hi,

 

If the plan is to settle in England once you are married then you will need to apply for settlement.

 

You can either marry in the US (before you leave for the UK) and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

 

Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.

 

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

 

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

• You plan to marry within 6 months of her arriving here

• You plan to live permanently together here

• You have met each other

• You can support each other without the need for public funds

• 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 have to produce to the UKBA documentation that proves the above. This would be some of the following:-

• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc

.• Bank statements from both you and your husband 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 husband 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 (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those rolesFurther 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 fiance/spouses visa using form VAF4 which is available for download from the UKBA websiteGenerally, 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 should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:- http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.If this has been useful please kindly click accept so that I may be rewarded for my time.

 

If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept. I will answer your follow up questions you may have

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
Tom,
Thank you so much for your time and for your extremely detailed and helpful response. I do have a few little questions to clarify.

To clarify for you first. We are in love and want to marry and be together. There is no question we can provide the history and evidence of our relationship. I think we will forgo the fiance visa and just marry before we get to the UK, here in the US. So I will do the spouse visa. How can I work once we are married? What papers and applications do I need to even look for a job to prove I can work legally?

Thank you again for your time and help.

Best,
Sarah
Expert:  Thomas replied 2 years ago.
Hi Sarah, If you apply for a spouse visa and are successful then your visa will be stamped in your passport. This is sufficient for employers in the UK to permit you to work. If you get the visa you will be able to work and will not be required to do anything else. Thanks for your accept. Kind regards,Tom
Customer: replied 2 years ago.
Hi Tom,
Thanks. How long does something like that take generally?
Best,
Sarah
Expert:  Thomas replied 2 years ago.
HI Sarah, You will see the application times for settlement visas from the US at the bottom of the following page:-http://www.ukba.homeoffice.gov.uk/countries/usa/processing-times/?langname=UK%20English#resultTableAnchorGood luck!Tom
Customer: replied 2 years ago.
Wonderful. Thank you so much Tom! Have a lovely day.
Expert:  Thomas replied 2 years ago.
You too. Tom
Customer: replied 2 years ago.
Sorry, quick question. What about health care for me when I'm there? I couldn't find it on the website. Thanks again!
Expert:  Thomas replied 2 years ago.
Hi, You would have to get health insurance until such time as you have obtained indefinite leave to remain. Once you have ILR you will have the same eligibility as UK citizens with regard to the National Health Service.Tom
Customer: replied 2 years ago.
OK. Thank you for your speedy replies.
Expert:  Thomas replied 2 years ago.
No problem. Tom

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