US citizen to the UK?

[rachprocter4]

Hello,

I'm just here for some advise in the world of, ever confusing, immigration rules!

I'll start from the beginning:

I lived in the US on a visa but had to leave as it that dependent on my father. I was in a relationship with, what turns out to be, the love of my life (cheesy r us). He has a bachelors degree, but falls short of 5 points in the wage area for the tier 1 thingy. If/when he does make it over we would be looking to get married within six months, so the fiancee visa seems right, but I currently claim tax credits to pay for my sons child care so I can work full time. I understand that you cannot be on any government money to be considered for this visa. If/when he does come over he has enough saving for me not to claim any government money. Can we apply for a fiancee visa and prove that we WOULDN'T need government money? (I need it until he comes here) I understand he can come over for 6 months without a visa, as a visitor. Am I also correct that you cannot come over here and apply for a visa? Or while waiting for a visa decision? Is there any other visas he could apply for?

I'm sorry if this is in the wrong place and/or this is a confusing post. I'm a immigration virgin!

Thanks for reading to the end!

[republique]

What visa are you talking about?
I never heard of any visa not considering you because you are on tax credit benefits, let alone based on benefits from another country?
I don't see what you mean

[Mr Rusty]

Assuming your amour is a US citizen -

He can travel to the UK without a visa and seek entry as a visitor for up to 6 months, but that's on the basis that he will return to his own country, and if the Immigration Officer has an inkling that he intends to marry and apply to stay here, he could be refused entry.

The fiance visa allows entry for up to 6 months, during which period he could marry you and apply for further leave to remain as your spouse. However, the fiance visa does not permit employment, so he would be dependent either on his own resources or on you until further leave was granted.

Whatever public funds you are claiming in respect of yourself or your son would not invalidate his application. He has to show that he can be supported and accommodated without recourse to public funds. If he moves in with you, your accommodation has to be adequate to house him as well.

You've obviously done some research as you refer to HSMP requirements. If you go to the UK Border Agency website, the info there should be adequate for your purposes.

[intgral]

My suggestion is to get married in the US for the civil ceremony. All you need is each other's passport and 3 available days.

Once you have the marriage certificate you can apply for his ILR either from there or here. After 2 years it is permanent. Another year and he's a citizen.

I am basing the above assumptions that you are a UK citizen and he is US.

Good luck.

[rachprocter4]

Thank you very much for replying.

Maybe I am not understanding the wording of the requirements here
http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q4

Does this mean HE has to be able to support HIMSELF without public funds and HIS dependents? He can support himself for 6 months easily. Or does it mean I can't be receiving government money?

I'm a little confused.

Thanks so much

Second one: That's an interesting option!!

[yankeegirl]

My suggestion is to get married in the US for the civil ceremony. All you need is each other's passport and 3 available days.

This varies from state to state, and in some cases, county to county. You also need to factor in the time it takes to get the marriage certificate after the ceremony, not everywhere issues it immediately afterwards. Though I agree that marrying in the US would be much more simple; then the OP's partner can apply for the spouse visa from the US and be able to work right away after coming to the UK.

Does this mean HE has to be able to support HIMSELF without public funds and HIS dependents? He can support himself for 6 months easily. Or does it mean I can't be receiving government money?

You can continue claiming tax credits. In a nutshell, it means that you cannot receive MORE tax credits/benefits based on your partner living with you. Do not forget however, that once he is with you in the UK the claim will need to be re-submitted jointly, and if he gains employment, they will take that into account when assessing your tax credits claim. Have a read through the Claiming Benefits section of the forum; specifically look for posts by John, he explains it all in great detail.

Also, if you want info/experiences specifically about US applications, try checking out www.uk-yankee.com

[rachprocter4]

I'm so revived someone helped/explaining it to me. And that you guys took the time to do so. Thank you so much.