Tier 2 refused for my fiancée, advice needed.

[noajthan]

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.

You missed the point, under SS you would have to relocate with your business.
SS is one way to regularise your gfs status & permit her to be with you (at least in Europe) without going down the demanding/costly UK Tier 2/4 visa routes.

Alternately, its a case of getting with the programme on one of the full blown fiance/spouse routes;
ie under the more stringent UK immigration system (as compared to EU route).

You can't hope to wing it on UK visitor visas nor hope to switch willy-nilly, especially in the current UK immigration climate.
(Note: by helping set up a clinic she has already breached conditions of her current visitor visa).

[Casa]

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.

I don't think that marrying in France would be any quicker and as you correctly say, she would still have to return to the US to apply for a spouse settlement visa.
What the HO are trying to do is to prevent people entering on a visitor visa, by-passing the strict conditions for a spouse visa including the high fees, and just staying on. Also the extension of the marriage notification period is to catch in the net anyone without a valid visa or entering into a sham marriage.

[Rye12]

The clinic was set up before her arrival, is giving advice /opinion classed as unpaid work?

So you're saying I should register my business in the EU even though I work in the Uk. How does that work for me paying my taxes? Is it something that's easy to do?

[Rye12]

That makes sense about the scam marriages, it looks as though she will have to go back and apply.

If she stays here the full 6 months and goes back, how long does she have to wait before she can re enter providing they grant a marriage visa?

[Casa]

The clinic was set up before her arrival, is giving advice /opinion classed as unpaid work? Yes. Even voluntary charity work is prohibited.

So you're saying I should register my business in the EU even though I work in the Uk. How does that work for me paying my taxes? Is it something that's easy to do? Noajthan means you would have to move your business and 'the centre of your life' to another EU member state.

[Casa]

That makes sense about the scam marriages, it looks as though she will have to go back and apply.

If she stays here the full 6 months and goes back, how long does she have to wait before she can re enter providing they grant a marriage visa?

There's no restriction. She can apply immediately for a fiance visa as soon as she returns to the US. I hope you've got a 'deep pocket'. Settlement visas + the NHS surcharge don't come cheap!

[Rye12]

Would her current employer in the states be able to set an exchange type programme ?

[Rye12]

What are the costs involved, we thought it to be around 1500 pounds. How long is the turn around for a fiance or marriage visa!

[Casa]

Would her current employer in the states be able to set an exchange type programme ?

You're really not keen on the marriage option are you. You may be clutching at straws, but work your way through this information:

https://www.gov.uk/guidance/immigration ... ge-schemes

https://www.gov.uk/tier-5-government-au ... e/overview

[Rye12]

I'd marry her but she wanted to get married in a few years in Hawaii so I'll have to tell her it may have to be here. I'll read through those links.

Thanks for all the advice, much appreciated.

[Casa]

What are the costs involved, we thought it to be around 1500 pounds. How long is the turn around for a fiance or marriage visa!

Currently ( fees due to rise in April)

Fiance visa - £956
+
FLR(M) extension after the wedding in the UK - £649 postal application which may take 3 months to process, with no work allowed until granted
or £1049 if she applies in person, with a decision generally made on the day
+ NHS surcharge of £500 payable online before submitting the FLR(M) 2.5 year extension.

Fees payable again to extend in 2.5 years time + a whopping fee for permanent settlement (ILR) at the end of the 5 year probationary period.

[noajthan]

EU costs ...

Registry/civil wedding licence, say 200 Euros

Schengen visa (free) - if required at all

A 5-year EU country-issued RC: 70-80 Euros

FP, to return to UK: free (even if required)

UK-issued RC: £55-£65 plus biometrics fees

After 5 years residence, UK-issued 'confirmation of PR' card: £55-£65 plus biometrics fees

Note: No LITUK test nor English proficiency test (until shooting for privilege of citizenship anyway)

Viva free movement!

[Casa]

EU costs ...

Registry/civil wedding licence, say 200 Euros

Schengen visa (free) - if required at all

A 5-year EU country-issued RC: 70-80 Euros

FP, to return to UK: free (even if required)

UK-issued RC: £55-£65 plus biometrics fees

After 5 years residence, UK-issued 'confirmation of PR' card: £55-£65 plus biometrics fees

Note: No LITUK test nor English proficiency test (until shooting for privilege of citizenship anyway)

Viva free movement!

Ah noajthan...but commenting as a SS (slightly) sceptic...the cost of re-establishing a business and setting up home in another EU state would have to be considered in the calculation.

[noajthan]

Ah noajthan...but commenting as a SS (slightly) sceptic...the cost of re-establishing a business and setting up home in another EU state would have to be considered in the calculation.

Good point Casa.

I do think someone transferring from US even to UK will incur transitioning costs.
Perhaps not quite as much if parachuting into someone's established life in UK but there are sure to be some costs.

On the business front, any relocation costs would be legitimate expenses & tax deductible. In fact there are tax advantages to be had in going into Europe ('Dutch sandwich' & similar schemes).

Depending on destination, reduced cost of living & improved quality of life could help mitigate any actual costs incurred in doing SS.

[Casa]

Ah noajthan...but commenting as a SS (slightly) sceptic...the cost of re-establishing a business and setting up home in another EU state would have to be considered in the calculation.

Good point.
I do think someone transferring from US even to UK will incur transitioning costs.
Perhaps not quite as much if parachuting into someone's established life in UK but there are sure to be some costs.

On the business front, any relocation costs would be legitimate expenses & tax deductible. In fact there are tax advantages to be had in going into Europe ('Dutch sandwich' & similar schemes).

Depending on destination, reduced cost of living & improved quality of life could help mitigate any actual costs incurred in doing SS.

Until the time comes to re-locate to the UK again....

[Wanderer]

Also the OP should be aware six month visit visas have six VALIDITY, doesn't mean you can stay the full six months, that's not visiting, it's residing.

No. 1 nationality to be caught out by this? Americans.....