Is the lawyer correct?

[mcarr1007]

I live in USA and plan on moving to the UK next month with my fiancée. I have savings to last me 7-8 months while I look for work. A lawyer told me last night that once I find work and someone to sponsor my work visa that I will need to fly back to the states to obtain said visa. This was followed by… “Why don’t you just marry her, it will be a lot easierâ€

[olisun]

[quote="mcarr1007"]I live in USA and plan on moving to the UK next month with my fiancée. I have savings to last me 7-8 months while I look for work. A lawyer told me last night that once I find work and someone to sponsor my work visa that I will need to fly back to the states to obtain said visa. This was followed by… “Why don’t you just marry her, it will be a lot easierâ€

[mcarr1007]

I wont be on any visa...

My plan is to look for employment to obtain a work permit while in the UK. I have heard that is much easier compared to trying to secure work via phone and internet. I am allowed to be in the country visa free for 6 months. If I can't find work in 6 months we will get married. That being said if I cant find a job in 6 months i may just shoot myself.

[tomkin]

Easier said than done.

Though getting WP seems easy on paper but it can transform to a pain practically.

To be well prepared for your job hunt, possible WP and then Visa, it would be beneficial for you to share your skills and areas of job hunting. People of the forum can give you very practical advice.

As you are a US citizen remember, to get a WP your employer (sponsor) has to prove that no one in UK and then EU can do that job apart from you.

Best of luck

[Wanderer]

I wont be on any visa...

My plan is to look for employment to obtain a work permit while in the UK. I have heard that is much easier compared to trying to secure work via phone and internet. I am allowed to be in the country visa free for 6 months. If I can't find work in 6 months we will get married. That being said if I cant find a job in 6 months i may just shoot myself.

Don;t forget is the IO stops you and finds evidence of job searches like prints from jobserve etc he'kk denied you entry, meaning u'll need to formally apply for a UK visa from then on.

Indeed, if viewed as deception to enter UK you could be in for a 10 year ban.....

[try-one]

mcarr1007,
A few suggestions:
- Please note that the UK economy is at a turning point, unenployment is low however in a number of industries there are real problems and hiring is frozen
- Your lawyer was correct, you can not have a work permit visa stamped on your passport as a visitor/tourist. If the WP is approved then you would have to go to the US. When the employer applies, they must state that you are in the US, you can not apply in country as this would be against the spirit of the entry to gained.
- Work Permits (work visas) need two to three weeks to get approved, however the documentation that the employer needs to gather (and the interviews of UK and EC candidates required) take a few more weeks, so, unless you are an exceptional candidate and the employer really needs you, then 6 months is a low number.
- Employers have a number of UK candidates and hundreds of easter european candidates available, plus, a number of foreign candidates with "hsmp" visas allowing them to work immediatelly, you only have a visitor visa, that would be against you and you would pose more trouble than the other candidates as they have to get your work permit
- The WP is only for working for the sponsoring company....so, you will be tied.


So, it is harder to find work from the US using only web and phone calls; it is harder to try and find work if you are not entitled to work in the UK; not impossible, just a bit harder, be prepared for the long wait, be flexible with the salary and role and be ready to go back for the WP visa being stamped in the US.

Good luck

[yankeegirl]

It should also be pointed out that if you were to come in as a visitor and find an employer willing to sponsor you for a work permit, you would have to return to the US to apply for entry clearance. You can't switch from a visitor to any other capacity while in the UK. It probably won't be much easier finding work while in the UK, since you won't have any proof of being eligible to take up employment.

If you guys are planning to marry, the easiest way would be to apply for a fiance visa from the US. It is valid for 6 months. You can't work while on the fiance visa, but once married, you can switch to a spousal visa while in the country, and as soon as you have that you can take up employment without the hassle of needing a work permit.

[Administrator]

.

If you guys are planning to marry, the easiest way would be to apply for a fiance visa from the US. It is valid for 6 months. You can't work while on the fiance visa, but once married, you can switch to a spousal visa while in the country, and as soon as you have that you can take up employment without the hassle of needing a work permit.

This is likely your best strategy.


You can come in as you currently plan, as a visitor for up to six months. You can use the time to get acclimated to the local culture & employment climate, make a few contacts, even go for a few interviews.

As mentioned earlier, be very careful not to mention job seeking as any activity you intend to do. Immigration can deny you entry as a risk for illegal employment or overstaying.

When your six months is about up, you may then have some serious contacts that could result in decent employment. You will also have taken the time to find out exactly what you need and what you need to do to make the process as painless as possible.


At this point, you could obtain employment via a work permit, or perhaps you could get a fiance visa and come in under that. You would then have an additional six months to get things in order, such as marriage & finalizing any employment opportunities.

If you skip the fiance visa, she can visit you in the U.S. and marry you there, then you can apply for and receive your spouse visa and come directly to the UK with (very nearly) full rights to work as if you were a UK/EU citizen.

These options require that you return to the U.S. at some point.


Take extreme care not to overstay or do anything that violates the terms of your visa. You may not be able to get back into the UK again for years, and entry into the EU in general will become much more problematic.


One thing you did not mention was attempting to get an HSMP visa. You still have several months to try and get one of those. Sometime during the summer you will have to get a Tier 1 visa, once the HSMP finally closes down completely.

Can you qualify for an HSMP visa ...?

We have a rather extensive section on that here:

Highly Skilled Migrant Programme (HSMP)

Remarkably, we offer consulting services to help you obtain entry into the UK under all the options discussed in this topic. If you get to London, you can arrange to meet our staff in our office.

You can gather a lot of free information from this forum and from our website, then decide if you need an Immigration Specialist to assist you .. at which point, regrettably, we do need to charge you.

Sorry it can't all be free ...

teh Admin

[PaperPusher]

I wont be on any visa...

I am allowed to be in the country visa free for 6 months

Unless you are exempt (armed forces etc) you will be on a visa. The UK does not have a "Visa Waiver" scheme. You can get in to the UK as a visitor for six months without getting entry clearance, but this is still a visa.

Please remember that Immigration Officers can give you less than six months when you arrive, although this is not usual.