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How to have girlfriend join me in UK?

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kosymodo
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United Kingdom

How to have girlfriend join me in UK?

Post by kosymodo » Thu Jun 12, 2014 11:47 pm

I will apologise in advance, as I'm sure this kinda question gets asked a lot, but...

I am a UK citizen, and my girlfriend is an Argentine citizen. We wish to live together in the UK. How can we go about this? I have tried to read through the Gov.uk site, but find it very confusing.

My girlfriend does not want to come here to be a burden on either me or the state. Therefore she wants to be able to work. However, from what I've seen, this isn't easy? She isn't a 'skilled' worker.

Marriage is something we have discussed in terms of our long-term future, but could be brought forward sooner if this would facilitate her entry/ability to remain in the UK.

In terms of a timeline, she'd like to be here for this coming Christmas, and I'd like her to be able to stay permanently, without having to return to Argentina for any period of time.

Many thanks in advance!

vinny
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Re: How to have girlfriend join me in UK?

Post by vinny » Fri Jun 13, 2014 12:30 am

There are no provisions for a girlfriend, unless you have been living together for at least two years, akin to marriage.

See also A case of tough love.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
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Re: How to have girlfriend join me in UK?

Post by Wanderer » Fri Jun 13, 2014 8:15 am

kosymodo wrote:I will apologise in advance, as I'm sure this kinda question gets asked a lot, but...

I am a UK citizen, and my girlfriend is an Argentine citizen. We wish to live together in the UK. How can we go about this? I have tried to read through the Gov.uk site, but find it very confusing.

My girlfriend does not want to come here to be a burden on either me or the state. Therefore she wants to be able to work. However, from what I've seen, this isn't easy? She isn't a 'skilled' worker.

Marriage is something we have discussed in terms of our long-term future, but could be brought forward sooner if this would facilitate her entry/ability to remain in the UK.

In terms of a timeline, she'd like to be here for this coming Christmas, and I'd like her to be able to stay permanently, without having to return to Argentina for any period of time.

Many thanks in advance!
Have you met? Do you earn more than £18,600 pa?
An chéad stad eile Stáisiún Uí Chonghaile....

Lucapooka
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Re: How to have girlfriend join me in UK?

Post by Lucapooka » Fri Jun 13, 2014 8:23 am

There is no girlfriend visa. She can visit you but that will be limited to six months with no work permitted. If after six months you want to make a commitment she can leave and re-enter as your fiancee (with the correct visa) and you can marry and she can stay.

It's worth bearing in mind that if she enters as a visitor, she can't switch into are residence visa even if she marries you during that visit.

kosymodo
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United Kingdom

Re: How to have girlfriend join me in UK?

Post by kosymodo » Fri Jun 13, 2014 11:24 am

vinny wrote:There are no provisions for a girlfriend, unless you have been living together for at least two years, akin to marriage.

See also A case of tough love.
Thank you for this

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Fri Jun 13, 2014 11:28 am

Wanderer wrote:Have you met? Do you earn more than £18,600 pa?
Yes we've met! I've been there twice...just returned yesterday in fact.

Yes I earn more than £18,600 and have done for the past 4.5 years with the same employer

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Fri Jun 13, 2014 11:30 am

Lucapooka wrote:There is no girlfriend visa. She can visit you but that will be limited to six months with no work permitted. If after six months you want to make a commitment she can leave and re-enter as your fiancee (with the correct visa) and you can marry and she can stay.

It's worth bearing in mind that if she enters as a visitor, she can't switch into are residence visa even if she marries you during that visit.
OK, so it's possibly best for her to enter initially with a fiancee visa?

Lucapooka
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Re: How to have girlfriend join me in UK?

Post by Lucapooka » Fri Jun 13, 2014 11:38 am

Yes, if you know each other well enough to marry and she has no ties to her homeland that are worth maintaining at this time in her life. You say you met her twice in ARG; has she ever been to the UK to know that it's a place where she might be happy?

Wanderer
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Re: How to have girlfriend join me in UK?

Post by Wanderer » Fri Jun 13, 2014 11:42 am

kosymodo wrote:
Lucapooka wrote:There is no girlfriend visa. She can visit you but that will be limited to six months with no work permitted. If after six months you want to make a commitment she can leave and re-enter as your fiancee (with the correct visa) and you can marry and she can stay.

It's worth bearing in mind that if she enters as a visitor, she can't switch into are residence visa even if she marries you during that visit.
OK, so it's possibly best for her to enter initially with a fiancee visa?
Yes, but bear in mind she cant work on a Fiancee visa, and when married she'd have to switch to a Spouse visa and these visas aren't cheap, around £800 a pop. It's cost of flight/cost of visa balance whether to marry in her country and save a visa fee.
An chéad stad eile Stáisiún Uí Chonghaile....

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Fri Jun 13, 2014 12:39 pm

Wanderer wrote:Yes, but bear in mind she cant work on a Fiancee visa, and when married she'd have to switch to a Spouse visa and these visas aren't cheap, around £800 a pop. It's cost of flight/cost of visa balance whether to marry in her country and save a visa fee.
OK, that's helpful. To have a full picture, what would be the process UK-wise if we married in Argentina?

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Fri Jun 13, 2014 12:40 pm

What options are available to her if she wants to work in the UK from her date of arrival?

Sorry, I have lots of questions!

MPH80
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Re: How to have girlfriend join me in UK?

Post by MPH80 » Fri Jun 13, 2014 12:47 pm

Question 1 process ...

Pretty much the same as the fiancée visa. You marry, you gather the docs, you apply in Argentina and you wait. When she arrives, you live happily every after ... Well ... Until 33 months. The. You apply for An extension. Then 33 months after that she can get permanent residence and then immediately (providing the law doesn't change) apply for citizenship if she wants.

On the work immediately question, it's a spouse visa or a work permit.

Final thing to note on the fiancé visa ... You only have 6 months to marry and you must show you have plans to do so, so you can't use it as a maybe we'll get married visa.

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Sun Jun 15, 2014 2:04 pm

Thanks for all the advice so far folks...this is a very helpful forum!

I've read somewhere about the fact that someone on a visa can only be in the UK for 6 months in a 12 month period. I'm wondering how that 12 month period is calculated? Is it simply 12 months from the date of first entry?

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Casa
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Re: How to have girlfriend join me in UK?

Post by Casa » Sun Jun 15, 2014 3:58 pm

You're referring to a visitor visa. There is no 6 month in 12 month rule. This is from the Modernised Guidance for immigration entry officers:
Frequency and duration of visits
Visitors cannot live in the UK on a continuous basis, even if they leave the UK for short periods
to avoid overstaying.
There is no specific limit on the number of visits an individual can make to the UK, such as a
definitive rule which states a visitor can only remain in the UK for ‘6 months in a 12 month
period’. Visitors, however, must not be living in the UK for extended periods because of
frequent, successive visits. For example, where an individual:
 spends five or six months in the UK during a visit and returns after a short break in their
home country for a further five or six months, or
 is living in the UK for successive short periods and breaking this by leaving for a couple
of days, for example, someone living in the UK during the week and breaking this by
leaving the UK at the weekends.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kosymodo
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Joined: Thu Jun 12, 2014 11:38 pm
United Kingdom

Re: How to have girlfriend join me in UK?

Post by kosymodo » Sun Jun 15, 2014 11:42 pm

Casa wrote:You're referring to a visitor visa. There is no 6 month in 12 month rule. This is from the Modernised Guidance for immigration entry officers:
Frequency and duration of visits
Visitors cannot live in the UK on a continuous basis, even if they leave the UK for short periods
to avoid overstaying.
There is no specific limit on the number of visits an individual can make to the UK, such as a
definitive rule which states a visitor can only remain in the UK for ‘6 months in a 12 month
period’. Visitors, however, must not be living in the UK for extended periods because of
frequent, successive visits. For example, where an individual:
 spends five or six months in the UK during a visit and returns after a short break in their
home country for a further five or six months, or
 is living in the UK for successive short periods and breaking this by leaving for a couple
of days, for example, someone living in the UK during the week and breaking this by
leaving the UK at the weekends.
Oh OK, that's interesting. Definitely gives me food for thought!

MPH80
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Re: How to have girlfriend join me in UK?

Post by MPH80 » Mon Jun 16, 2014 12:25 am

But do keep in mind that any stay on any one entry on a visitor visa is limited to 6 months.

So she can't arrive and stay a year on a visitor visa.

Not if you want her to easily get further visas anyway ...

I would, humbly, suggest bringing her to the UK for as long as you can before getting married whether with or without working. She needs to get used to life in the UK and see if she likes it. South America and the UK are very different and it can be a shock to the system - I speak as the husband of a Peruvian (who had spent 9 months in the UK on various visits prior to marriage - but who had also lived in Europe prior to that - and she was still surprised by a number of things) so I have some experience in this.

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Mon Jun 16, 2014 10:38 am

MPH80 wrote:I would, humbly, suggest...
All suggestions, humble or otherwise, are very gratefully received!

kosymodo
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Re: How to have girlfriend join me in UK?

Post by kosymodo » Mon Jun 16, 2014 3:21 pm

Next question...

What are the rules surrounding proving adequate funds, and which visas do they apply to? I've read that some (can't remember which) visas require proof of a specified level of funds being available, but don't think I've yet seen any figures mentioned

MPH80
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Re: How to have girlfriend join me in UK?

Post by MPH80 » Mon Jun 16, 2014 5:40 pm

Almost all visas have some form of funding requirement associated with them.

It's a visitor visa - it's an ability to fund the trip (which varies per application of course) ... if it's a spouse visa or fiancee visa - it's a requirement to show a minimum income of £18,600 per year (from the sponsor - unless the spouse/fiancee is in the UK and legally working - and assuming that there are no kids).

On other visas - such as the tier 2 - that'll be a minimum income on the job being sponsored for and on student visas it's proof of being able to pay tuition and living costs.

jimbob6666
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Re: How to have girlfriend join me in UK?

Post by jimbob6666 » Wed Dec 03, 2014 2:24 pm

There is some similarity with my own position.
My girlfriend is Argentinian. She has been to England and I have been to Argentina 3 times.She is coming to England again in January. She is an English language teacher in Argentina, and has been for 20 years.

We want to marry and settle in England but there is a catch 22 of course!

I have only a pension from teaching which is well below the threshold of !8, 600. Even when I get my state pension in 2017 I will be below by about £3,000. She wants to work as a teacher but obviously can't until a) we are married and b) I reach 18,600.

The Marriage Visitor Visa is an option but she will, as with a tourist visa, have to leave after 6 months. My question is therefore, if she comes on a 6 month tourist visa, can we marry without making applications for any permissions so long as she leaves by the 6 month limit?

We are most likely to marry in Argentina this June/July but I don't think that has any bearing on applications to marry here?

Thanks for any advice.

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