Odd Situation - Advice RE Fiance

[goose182]

I have made my HSMP application and assuming all goes well and I get accepted, I'm in need of some advice.

I'm in the UK on a Working Holidaymaker Visa from Canada and want to stay. My girlfriend will be arriving from the US shortly on a 6 month Work Permit. I am planning on proposing marriage in a few months, and I was wondering if anyone had any advice as to what my options are for getting her sponsored so that she can stay with me permanently?

According to the HSMP guidance notes, unless we have been living together for 2 years we don't qualify for points in the Partner's Achievements section...but I don't need the points I just need her to be allowed to stay and work on the same timeline as my visa.

Can anyone suggest some of my options? As an HSMP Visa holder, can I sponsor her to stay in the country? Are there any other options that would allow her to stay for the duration of my visa?

I know this is a little out there, but if you have ANY suggestions I would really appreciate you sharing them.

Thanks and all the best!

[goose182]

Ok perhaps I'll simplify this so that it's a yes or no question and deal with the details later...

If I get married to a 6 month Work Permit holder after my HSMP acceptance comes in, am I then entitled to sponsor my new spouse for a visa (of any kind) even if we will only have lived together for a few months (that we can prove)?

[John]

Yes, marriage would do away with the two-year minimum.

However as your girlfriend will only have, you say, a 6-month WP ... that is, her visa is for a period that is not exceeding 6 months .... under current legislation she is unable to apply for a Certificate of Approval to Marry in the UK ... and thus on that 6-month Employment visa she is unable to marry in the UK.

But you could get married anywhere else, subject to local legislation .... in the US or in Canada. Following such a marriage your wife (as she would be) will apply for a dependant's visa before flying back to the UK.

[goose182]

Thanks for your reply John.

A followup scenario...she is currently in the UK on a 6-month WP which expires in December. We are getting married in October in Canada on a week vacation. Can she apply for a dependant visa from within the UK if she is here on a 6 month WP, or does she have to return to the US to begin the process?

If she has to go to back to the US to make the application, can she reenter into the UK as a visitor while waiting for the decision to be made on her dependent visa application, or does she have to wait until the visa comes through?

Thanks for your help!
Mike

[John]

The immigration rules are quite clear. In order to apply in the UK the person either has to have a current visa for a period exceeding six months, or they need (specifically) a fiancé(e) visa.

As that does not appear to be the case the application cannot be made in the UK.

If she has to go to back to the US to make the application, can she reenter into the UK as a visitor while waiting for the decision to be made on her dependent visa application, or does she have to wait until the visa comes through?

If she will be applying in the US, have a look as www.BritainUSA.com and appreciate that the procedure in the States is quite quick .... days not weeks. Having submitted the application, and she can do that online, she really should wait around in the States and finalise the procedure.

[goose182]

Thanks a lot John