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want to work in the uk legally.

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Highly_Skilled
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Re: want to work in the uk legally.

Post by Highly_Skilled » Wed Jul 02, 2014 6:24 pm

I suggest reading the Immigration Rules very carefully and seeing if you meet the criteria.

This is the same criteria that an Entry Clearance Officer will adhere to and if he is not satisfied of anything, he will refuse your application.

https://www.gov.uk/government/uploads/s ... Part_2.pdf

I must say however that it would appear that you are trying to circumvent the immigration rules to suit your own ends. In which case, I strongly urge you to consider your position. If you do not qualify for a visa for your intended purposes, you need to think of other legal alternatives.

For example, is there anything preventing your girlfriend from visiting you in America?

PaperPusher
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Re: want to work in the uk legally.

Post by PaperPusher » Wed Jul 02, 2014 6:49 pm

Seriously, remember that you have not met. Perhaps you should both meet?

No, strictly speaking there is no requirement to have met for a marriage visit. However, don't forget all the other requirements that you need to demonstrate. Particularly that you intend to leave the UK and that you will get married.
(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and
(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership to take place, in the United Kingdom during the period for which entry is sought;
Is this what you BOTH want, to make wedding plans without having met?

Where is this wedding going to be? How much will it cost? Who are the guests going to be?

I think it may affect the credibility of your plans if you have not met.

You will also need to show ties to the US to show you will return.

Once married, what are your plans then? I think the question will be asked about why you haven't gone for a fiancé visa, and why you haven't met. If your future wife doesn't earn enough, you will have an uphill struggle showing you will leave the UK.

Is her moving to the US a possibility?

Highly_Skilled
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Re: want to work in the uk legally.

Post by Highly_Skilled » Wed Jul 02, 2014 7:04 pm

I agree completely with Paperpusher, he/she is clearly knowledgeable and their advice is worth considering.

I will add a minor point, whilst the immigration rules don't specifically state that you must have met in person, one would make the assumption that if you are coming to marry, that you will have met at some point prior. I would assume that it is a given and I would be surprised if an E.C.O did not pick up on this.

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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 8:23 pm

michaelionheart wrote:UGH i just don't even know who's answer is correct now.. SURELY it would be under eligibility?
https://www.gov.uk/marriage-visa/eligibility
The reason why that requirement is not listed there is because it is not a requirement for that visa. There are experts here, and you getting advice from some of them. That is a government website, and those websites these days are pretty well up-to-date (wasn't always the case, but they've improved).

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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 8:51 pm

PaperPusher wrote:Seriously, remember that you have not met. Perhaps you should both meet?


I agree. But if you look across the world, the countries and cultures with the lowest divorce rates are very often in societies where the married couples have met only once, or never, before getting married. Yet they manage successful long stable marriages.
PaperPusher wrote: Where is this wedding going to be? How much will it cost? Who are the guests going to be?
Well keep in mind that when this visa originally came into existence, it was often just the couples themselves coming over and tying the knot. Yet they managed these issues just fine.
PaperPusher wrote: I think it may affect the credibility of your plans if you have not met.


I must disagree. If it were important to the UK government, they would make this a requirement for that visa.
PaperPusher wrote: Once married, what are your plans then? I think the question will be asked about why you haven't gone for a fiancé visa, and why you haven't met.
I think you're wrong. This is not at all in the spirit of this visa.
PaperPusher wrote:If your future wife doesn't earn enough, you will have an uphill struggle showing you will leave the UK.
This is a critical point. They will very heavily scrutinize the respective finances, just like they do any visitor. I think this is going to be the biggest issue.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 9:19 pm

So you're saying even though it's not a requirement and that we HAVEN'T met first that they would just deny me from going into the UK?

PaperPusher
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Re: want to work in the uk legally.

Post by PaperPusher » Wed Jul 02, 2014 9:58 pm

michaelionheart wrote:So you're saying even though it's not a requirement and that we HAVEN'T met first that they would just deny me from going into the UK?
No, not at all, but you would have to convince the person that decides the application that you meet the requirements. The requirements include somewhat fuzzy words such as 'intends' which is up to the decision maker to decide if you satisfy them of this.

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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 10:16 pm

You're going to have to convince the Entry Officer that your relationship is genuine but you intend to return to the US after the wedding without overstaying your visa.
(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.

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Re: want to work in the uk legally.

Post by PaperPusher » Wed Jul 02, 2014 10:26 pm

But if you look across the world, the countries and cultures with the lowest divorce rates are very often in societies where the married couples have met only once, or never, before getting married. Yet they manage successful long stable marriages.
I don't call a system of marriages with disgusting levels of spousal rape, domestic violence, child marriage, abduction and slavery in to forced marriage, infanticide and foeticide of girls, forced marriage and family revenge murders successful personally.

That said this revolting treatment of women and others such as gay men and women, divorcees, widows, rape victims, transgender people isn't a function of arranged marriage per se, but of the society where it occurs.

People claim asylum in the UK from the countries with these low divorce rates because of the cultural traditions surrounding arranged marriage you know, and some of them are even telling the truth.

If this sound strident and a bit intolerant, well I've seen enough in my life about countries and cultures with low divorce rates to not admire them in many respects, and in my own family and among friends. Those low divorce rates are built on the bloodied corpses of women. Meet a few rape victims, people who've been forced in to marriage, women who are brain damaged and/or deaf from the societally tolerated beatings and maybe you will see that isn't all roses and long breakfasts in bed in arranged marriages. When you are considering divorce and have to consider whether you can endure the deep seated discrimination against those who get divorced, and even consider whether you will be murdered, I don't think the consequent low rate of divorce is the same as a successful marriage.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 3:16 am

Random question but.. what would we need to prove that we have been in a relationship for 3 years now?

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Re: want to work in the uk legally.

Post by Wanderer » Thu Jul 03, 2014 6:09 am

michaelionheart wrote:Random question but.. what would we need to prove that we have been in a relationship for 3 years now?
A miracle.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: want to work in the uk legally.

Post by ouflak1 » Thu Jul 03, 2014 9:26 am

michaelionheart wrote:So you're saying even though it's not a requirement and that we HAVEN'T met first that they would just deny me from going into the UK?
For the Marriage Visa, this will not be taken into consideration.
PaperPusher wrote:
But if you look across the world, the countries and cultures with the lowest divorce rates are very often in societies where the married couples have met only once, or never, before getting married. Yet they manage successful long stable marriages.
I don't call a system of marriages with disgusting levels of spousal rape, domestic violence, child marriage, abduction and slavery in to forced marriage, infanticide and foeticide of girls, forced marriage and family revenge murders successful personally.
Yikes! I don't want to derail this thread, since I believe my comment was still somewhat on-topic. But do you consider a culture where 50% of the marriages end in divorce 'successful'? Because that's the current situation in my home culture of birth and upbringing, and we sure as heck don't consider that successful at all. And as painful as it may be for you to accept, there are plenty of marriages from these low-divorce-rate societies where the couples and their families are very happy. I know several myself, mostly inlaws. My original point was that we shouldn't have broad sweeping assumptions about the success of the OP's relationship in the long term based on whether they have met. Right now, he just needs and wants the opportunity to give it a try. The Marriage Visitor visa neither makes nor does it insist on any assumptions in this regards. So as far as that visa is concerned, we can leave that out of the discussion.
Wanderer wrote:
michaelionheart wrote:Random question but.. what would we need to prove that we have been in a relationship for 3 years now?
A miracle.
If they've got transcripts and records of their online chat, emails, and other correspondance, especially 3 years of such, then that will do just fine. I know this from personal experience.
Casa wrote:You're going to have to convince the Entry Officer that your relationship is genuine but you intend to return to the US after the wedding without overstaying your visa.
I think the biggest concern here is the finances. The general presumption for the Marriage Visitors visa, when one of the couple is resident in the UK, is that either the non-resident will come back to join his/her spouse in the UK shortly after, or the UK resident will leave to join his/her spouse in their home country shortly after or maybe even with him when he leaves to go back. It will be very obvious that the OP's wife-to-be currently has no chance of sponsoring her husband within the next six months, and very possibly for another year or so. So unless he presents some iron clad ties to the U.S. obviously preventing him from joining her immediately, or she shows that she is obviously progressing on the way to meeting the financial requirements (a recently acquired job and a bit of growing savings), I think the case worker may refuse the visa on that point of instability alone. One point of note here: She doesn't have to sponsor you for this visa. Her parents can. But this concern is still there nonetheless.

And there isn't even an option of deception here (I know you weren't thinking that, but I want to make this clear, just the same, so the thought is swept away now before it even occurs) and trying to say that she will be going to live with him, something I think might be the easier and better idea. While the UK immigration officer deciding this case will not necessarily be an expert on U.S. immigration, it's likely he or she will have enough experience to know that the process for bringing a spouse to the U.S. involves a considerable amount of time and investment, something I myself know from direct personal experience. If you haven't begun that process or can show that you are going to begin that process immediately, they'll almost certainly pick up on that. They've just been around this block too many times.

I still think that of all the advice given on this thread, my recommendations posted earlier are the best ones given. Plan this out over the next two years atleast. Get her working, multiple jobs if necessary, and living in her own place. Have two trips in those two years, one where you visit her, and one where she visits you. Then go for the fiance visa. If you go this route, unless one of you joins Al Queda or something similarly crazy happens, I rate your chance of success at 99%. No one anywhere can question your dedication or sincerity then.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 11:06 am

Ok.. let's say i want to go the Fiance visa route.. what visa would i have to apply for after that so i can live with her permanently and be able to work.

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Re: want to work in the uk legally.

Post by Wanderer » Thu Jul 03, 2014 11:24 am

michaelionheart wrote:Ok.. let's say i want to go the Fiance visa route.. what visa would i have to apply for after that so i can live with her permanently and be able to work.
Spouse visa and your wife needs to earn £18,600 pa. Your earnings are not considered and neither are any third-party ones.
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 11:30 am

Then why would a Fiance visa be any easier than doing the Marriage Visitor visa?

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Re: want to work in the uk legally.

Post by ouflak1 » Thu Jul 03, 2014 11:35 am

michaelionheart wrote:Then why would a Fiance visa be any easier than doing the Marriage Visitor visa?
It would not. In fact, it's harder. The Marriage Visitor is just a temporary visa for a short stay to get married and return to your own country. You might later immigrate to the UK, or she might later immigrate to the U.S., to be with her husband. It is presumed that one of those two things will happens shortly. The fiance/spouse visa route is for permanent immigration to the UK. Thus the higher standards.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 11:38 am

What's the difference between a Spouse visa and a Marriage visa? can't i just apply for the Marriage visa in the UK after we get married? http://www.workpermit.com/uk/marriage.htm

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Re: want to work in the uk legally.

Post by Wanderer » Thu Jul 03, 2014 11:41 am

Visit Visa - Just for visits - cost free or £80 or so

Marriage Visit Visa - Just for a visit just to marry - cost £585 I believe

Fiance Visa - Enter UK to marry and stay - Cost £851 plus earn £18,600 pa

Spouse Visa - Enter UK to join spouse - Cost £851 plus earn £18,600 pa
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: want to work in the uk legally.

Post by Wanderer » Thu Jul 03, 2014 11:42 am

I'm beginning to suspect a troll at work here......
An chéad stad eile Stáisiún Uí Chonghaile....

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 11:44 am

Wanderer wrote:I'm beginning to suspect a troll at work here......
How can i be trolling? i'm simply just ASKING a question, i'm sorry that i don't know EVERYTHING that you know.

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Re: want to work in the uk legally.

Post by ouflak1 » Thu Jul 03, 2014 11:47 am

michaelionheart wrote:Then why would a Fiance visa be any easier than doing the Marriage Visitor visa?
It would not. In fact, it's harder. The Marriage Visitor is just a temporary visa for a short stay to get married and return to your own country. You might later immigrate to the UK, or she might later immigrate to the U.S., to be with her husband. It is presumed that one of those two things will happens shortly. The fiance/spouse visa route is for permanent immigration to the UK. Thus the higher standards.

Guys, let's not let this get personal please. This thread could be of nice historical value later on.

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Re: want to work in the uk legally.

Post by ouflak1 » Thu Jul 03, 2014 11:49 am

michaelionheart wrote:What's the difference between a Spouse visa and a Marriage visa? can't i just apply for the Marriage visa in the UK after we get married? http://www.workpermit.com/uk/marriage.htm
You cannot switch to any other visa category from a visitor category, not even to a different visitor category. Attempting that switch in particular would be disastrous. Also, the Marriage Visitor visa by definition and nature can only be applied for from outside the UK.

Edit:Ok, I think I misread your question. Applying for the Marriage Visitor visa after you're already married doesn't make any sense. Have you read my previous posts?

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Re: want to work in the uk legally.

Post by Casa » Thu Jul 03, 2014 11:54 am

Casa wrote:Your only option appears to be a fiance visa, assuming you intend to marry within 6 months of your arrival. Evidence would have to be submitted with the application that a marriage is being planned, together with proof of your fiancee having the financial income per annum of £18,600. After the wedding you would have to apply for Further Leave to Remain from within the UK. This would grant you an initial 2.5 year probationary visa, after which you would apply for an extension of 2.5 years before qualifying for permanent residency.
Bear in mind that the visa fees are considerable.
£885 for a fiance visa
£601 for each 2.5 year extension = £1202
£1,093 for permanent residency (ILR)
You were given the information about applying for residency after the wedding (on a fiance visa). You would only be able to apply for the extensions and permanent residence if the marriage was still subsisting. i.e if you separate before the end of the 5 years your spouse visa would be invalid and you would have to return to the US. Also you need to be aware that you will be unable to work legally until after your first extension on FLR(M) has been granted. If you apply by post this can take 3 months or more to process.
(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.

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Re: want to work in the uk legally.

Post by michaelionheart » Thu Jul 03, 2014 11:56 am

ouflak1 wrote:
michaelionheart wrote:What's the difference between a Spouse visa and a Marriage visa? can't i just apply for the Marriage visa in the UK after we get married? http://www.workpermit.com/uk/marriage.htm
You cannot switch to any other visa category from a visitor category, not even to a different visitor category. Attempting that switch in particular would be disastrous. Also, the Marriage Visitor visa by definition and nature can only be applied for from outside the UK.

Edit:Ok, I think I misread your question. Applying for the Marriage Visitor visa after you're already married doesn't make any sense. Have you read my previous posts?
Yes but what i am saying is can't i switch to just the MARRIAGE visa from my Fiance visa? it says i can do that on the bottom of the Fiance visa page. "You should apply for a marriage visa from within the UK when you are married, and will then be eligible to work freely in the UK. " http://www.workpermit.com/uk/fiance.htm

and yes i have read your previous posts.. i apologize if i keep getting sidetracked.. i'm really just trying to think of the BEST possibly option there is.. *sigh*

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Re: want to work in the uk legally.

Post by ouflak1 » Thu Jul 03, 2014 11:58 am

Casa wrote:
Casa wrote:Your only option appears to be a fiance visa, assuming you intend to marry within 6 months of your arrival. Evidence would have to be submitted with the application that a marriage is being planned, together with proof of your fiancee having the financial income per annum of £18,600. After the wedding you would have to apply for Further Leave to Remain from within the UK. This would grant you an initial 2.5 year probationary visa, after which you would apply for an extension of 2.5 years before qualifying for permanent residency.
Bear in mind that the visa fees are considerable.
£885 for a fiance visa
£601 for each 2.5 year extension = £1202
£1,093 for permanent residency (ILR)
You were given the information about applying for residency after the wedding (on a fiance visa). You would only be able to apply for the extensions and permanent residence if the marriage was still subsisting. i.e if you separate before the end of the 5 years your spouse visa would be invalid and you would have to return to the US
But this only applies if they've met, which they haven't yet.

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