Tier 2 refused for my fiancée, advice needed.

[Rye12]

I've been with my US girlfriend for three years which I travelled to the US frequently to visit her. Now she has invested in a new company that was set up in November by a doctor, she is a medical assistant and has a 30 per cent share of the company, she is a director. The doctor applied to be a sponsor but this has been turned down because the company is so new.

My fiancée is in the uk with me now helping set the clinic up. Im self employed with my own limited company which will have been trading two years this May. My turnover is around £50,000 per annum, what I'd like to know is would I be able to sponsor her, if not what other options has she so that she can get a work visa? Looking through the government website is very frustrating.

Any suggestions greatly appreciated.

Ps she has over £50,000 in her US bank and earns more than that for the company she works for in the US which she will be retaining.

[CR001]

She could return to the US and apply for a fiance visa. This is valid for 6 months and you would need to get married within this time. She would not be allowed to work during this period.

Once married, she can apply for a spouse visa within the UK. Once granted (either apply by post or in person), she can start working.

From your post I am assuming she is in the UK as a visitor at present.

[gregshukla]

She could return to the US and apply for a fiance visa. This is valid for 6 months and you would need to get married within this time. She would not be allowed to work during this period.

Once married, she can apply for a spouse visa within the UK. Once granted (either apply by post or in person), she can start working.

From your post I am assuming she is in the UK as a visitor at present.

I dont think a marriage visitor visa can be changed to a spouse/dependent visa within the country? I think she would need to leave UK after marriage and then apply for dependent visa abroad.

[CR001]

She could return to the US and apply for a fiance visa. This is valid for 6 months and you would need to get married within this time. She would not be allowed to work during this period.

Once married, she can apply for a spouse visa within the UK. Once granted (either apply by post or in person), she can start working.

From your post I am assuming she is in the UK as a visitor at present.

I dont think a marriage visitor visa can be changed to a spouse/dependent visa within the country? I think she would need to leave UK after marriage and then apply for dependent visa abroad.

Have you actually read what I have written? Where have I said 'marriage visitor visa'?

[gregshukla]

She could return to the US and apply for a fiance visa. This is valid for 6 months and you would need to get married within this time. She would not be allowed to work during this period.

Once married, she can apply for a spouse visa within the UK. Once granted (either apply by post or in person), she can start working.

From your post I am assuming she is in the UK as a visitor at present.

I dont think a marriage visitor visa can be changed to a spouse/dependent visa within the country? I think she would need to leave UK after marriage and then apply for dependent visa abroad.

Have you actually read what I have written? Where have I said 'marriage visitor visa'?

You havent said 'marriage visitor visa' anywhere. But I assumed what you meant by fiance visa was actually 'marriage visitor visa' (the home office doesnt actually have anything called fiance visa - please feel free to correct me if I am wrong).

Also, I thought its not allowed to change from any visitor visa type to a spouse/dependent visa while inside the UK, which is what I was trying to say in my post.

Peace

[gregshukla]

BTW OP, whats your visa status in the UK? I assumed some kind of tier-2 visa since you posted on this particular sub-forum.

[CR001]

You havent said 'marriage visitor visa' anywhere. But I assumed what you meant by fiance visa was actually 'marriage visitor visa' (the home office doesnt actually have anything called fiance visa - please feel free to correct me if I am wrong).

Also, I thought its not allowed to change from any visitor visa type to a spouse/dependent visa, which is what I was trying to say in my post.

Peace

There is a fiance visa, it is part of the spouse settlement visa group VAF4A and Appendix FM. A fiance visa is NOT a visitor visa. The cost for a fiance visa is £956 (about). A switch in country to FLR(M) is allowed once marriage has taken place.

The marriage visitor visa is different, substantially cheaper and is a sub-category of the standard visitor visa. No switching on this visa allowed.

If the OP is a Tier 2 migrant, then different rules and advice will apply.

[Casa]

@gregshukla You are indeed wrong. There most certainly is a fiance visa which comes under the settlement category VAF4a. The visa fee is the same as for a spouse settlement visa, currently £956. Whereas a marriage visitor visa is only £85.

Edit: Beaten again by Miss Speedyfingers CR001

[Rye12]

Yes she arrived as a visitor. Is getting married the only option as we weren't planning on this until several years from now and somewhere exotic. Is there a possibility I could sponsor her or she gets a visa for being a partner in a business which will grow and create uk jobs.

[Casa]

Yes she arrived as a visitor. Is getting married the only option as we weren't planning on this until several years from now and somewhere exotic. Is there a possibility I could sponsor her or she gets a visa for being a partner in a business which will grow and create uk jobs.

Your haven't said whether you are a Tier 2 migrant.

[Wanderer]

Yes she arrived as a visitor. Is getting married the only option as we weren't planning on this until several years from now and somewhere exotic. Is there a possibility I could sponsor her or she gets a visa for being a partner in a business which will grow and create uk jobs.

Your haven't said whether you are a Tier 2 migrant.

OP can't be if self employed?

[Casa]

Ah well spotted wise Wanderer. In which case perhaps the OP can tell us exactly what his status is.

[iworker]

i have a bad feeling that OP is going to say he is a visitor too. lol

[Rye12]

I'm English lived here all my life, was trading as for 5 years and went ltd coming up to two years. Have savings, own home etc so I can support her although she has her own money.

[Wanderer]

I'm English lived here all my life, was trading as for 5 years and went ltd coming up to two years. Have savings, own home etc so I can support her although she has her own money.

Unlikely she'd get any sort of work visa unless she's highly skilled or is applying for a role on the shortage list. For you as a Company to sponsor her you;d need a sponsors licence and able to prove (via a long winded official process) that no other UK or EU person who applied for the role could do the role. And if you did all that, and appointed your GF, all the bells will go off at UKVI and they'll send the heavy mob in.

Also, while she's here on a visit visa she should not be working, even for free and even if it's just to help your company.

Fiancee/spouse route seems to be the only route open to you apart from student, which is expensive.....

[Rye12]

How come we have a lot of immigrants who are doing jobs such as labouring, hotel staff? She ain't working, she has nothing to do with my company, she has a stake in a new company set up with another uk citizen.

What would happen if we did get married say next week, would she be able to stay or would they deport her? We have photos, all my previous travel to US etc to prove we gave been together a long time.

[noajthan]

Yes she arrived as a visitor. Is getting married the only option as we weren't planning on this until several years from now and somewhere exotic. Is there a possibility I could sponsor her or she gets a visa for being a partner in a business which will grow and create uk jobs.

Best bet may be to relocate offshore in a.n.other EU country, move your 'centre of life' & run business there with your fiance/wife
- ie the EU Surinder Singh route.

Come back into UK in due course as a quasi-EEA national & so operate under EU rules
ie with fiance/wife as your dependent with EU rights to reside, work & study in UK.

Easier if you marry first (parts of Europe are quite exotic);
although SS can also be practised by those in a durable relationship 'akin to marriage'.

[Casa]

You wouldn't be able to get married 'next week'. A foreign national wanting to marry in the UK now has to give notice at a Home Officer designated Registry Office. The Registrar is then legally bound to notify the HO who can extend the notification period from 28 to 70 days in order to interview the couple before the marriage can take place. As you are technically not permitted to marry while on a visitor visa, the HO are likely to take a dim view and curtail her visa.
In any event, even if you were able to marry in the UK she would be unable to switch from visitor to spouse without leaving and applying from her home country for a settlement visa.

[Casa]

How come we have a lot of immigrants who are doing jobs such as labouring, hotel staff? She ain't working, she has nothing to do with my company, she has a stake in a new company set up with another uk citizen.

What would happen if we did get married say next week, would she be able to stay or would they deport her? We have photos, all my previous travel to US etc to prove we gave been together a long time.

Are you referring to illegal immigrants being employed? £10,000 fine for employers for each worker without a valid visa...soon due to be increased.
By the way, further to your earlier comment 'helping the set the clinic up' ...this would be considered as working, even if unpaid. She's skating on thin ice.
When does her visitor visa expire?

[Rye12]

The new business is up and running, her partner is doing the work which is in the medical field, she is highly skilled at her job which takes at least a year for people to be somewhat good at it.

So it's not an option to relocate in Europe as the partner has his family here etc.

I copied this from another thread

I have a restaurant . We have two sponsored worker. One as head chef and one in the post of BDM.

How can a restaurant sponsor someone to be a chef as there are plenty of them about looking for work in the uk?

[Casa]

That's a co-incidence. We had a post this week from a restaurant owner employing a head chef & a BDM who was concerned about a surprise visit they'd had from the Home Office.

[Rye12]

This is so complicated, her visa has another three months left.

I don't mean illegal workers, I quoted This from another thread ........... I have a restaurant . We have two sponsored worker. One as head chef and one in the post of BDM.

[Rye12]

So if we got married is say France, how does that work? If the only option is she has to go back to US and apply for the visa then I guess that's what we have to do.

It just seems they make it very hard for genuine people to live and work here.

[Rye12]

That's a co-incidence. We had a post this week from a restaurant owner employing a head chef & a BDM who was concerned about a surprise visit they'd had from the Home Office.

I was using this as an example of someone who was able to be a sponsor and hire these chefs, whilst a good chef may be highly skilled there are plenty of average chefs in the uk looking for work so I dint understand how a restaurant can sponsor a chef.

[Casa]

The new business is up and running, her partner is doing the work which is in the medical field, she is highly skilled at her job which takes at least a year for people to be somewhat good at it.

So it's not an option to relocate in Europe as the partner has his family here etc.

I copied this from another thread

I have a restaurant . We have two sponsored worker. One as head chef and one in the post of BDM.

How can a restaurant sponsor someone to be a chef as there are plenty of them about looking for work in the uk?

Oh I see what you've done! It was confusing as you included it in the body of your text without quote marks. I believe that specialist Restaurants are able to employ (sponsor) a head chef who has a needed talent in a specific cuisine. Having said that, the Original Poster did mention they were being checked by the HO.