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Question about Fiance/Spouse Visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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isujackson
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Question about Fiance/Spouse Visa

Post by isujackson » Mon Jan 02, 2012 5:52 pm

I recently got engaged and my partner lives in the UK. She is from New Zealand and I am from the United States, we met while we were both working in South Korea.

She is currently working as a public school teacher and on a tier 2 sponsored work visa.

We've been going back and forth between USA and the UK when we have time to visit each other. We'd like to bring me over on fiancé visa so that we can stay together and then eventually spousal visa so I can work there.

I have tickets to the UK on the 15th of January for her birthday and we plan on traveling Europe for a few weeks, Moracco, Prague and then a few other places. I'd fly out of London again back to the USA at the end of March.


Can we start the process in London or should I wait to start the process when I return to the United States.

Can you give any other advice or hints about getting the fiancé visa?

Any help would be greatly appreciated.

MPH80
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Location: UK

Post by MPH80 » Mon Jan 02, 2012 7:02 pm

The rules require your partner to be present and settled in the UK.

My understanding is that the latter term requires she has no restrictions on her ability to live here. A Tier 2 visa does impose a time restriction.

As such - I think the fiancee visa is out for you right now.

Best option would be to marry in the USA or New Zealand, and then apply for a tier 2 dependant visa from the USA. Note that this means that should her visa end here - yours would too - and you would have to be able to migrate to another country.

M.

vinny
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Post by vinny » Sun Jan 08, 2012 2:30 am

isujackson wrote:My missus and I just got engaged two weeks ago. I am from the US and she is from New Zealand. She left today(Jan 7th) to go back to London. I was going to follow her next Sunday but now I'm wondering if that's the best course of action.

The original plan was for me to come visit over Feb. and March. She is a teacher and has long holidays. Her birthday is also in the middle of Feb. I'd fly back at the end of March to the United States when my master's classes start up again.

She just got a new job at a school and has been hired full time and they will be sponsoring her visa, which I believe would be a tier 2 and thus able to have a spousal visa for me.

I don't want any problems at the immigration desk and the last time I was there they gave me the once over since I was traveling with my fiance who was at that point my girlfriend and didn't seem convinced I was going to go back the USA.

I worry that even though I can show my ticket back the United States, the fact that I am visiting my fiance will cause them to think I am planning on just over staying.

I'm wondering if it is better to delay my trip and apply for the fiance's visa and then do a ceremony in London.

Or maybe even just do a quick and small ceremony somewhere and get married.(Our big wedding is in 2013 so as to give our parents and family time to save money to attend if they choose.)

I just don't want to get there and be turned back because I cannot convince the immigration officer that I plan to leave the UK when I say I will.
As previously stated, you cannot apply for a Fiancé(e) visa if she is not settled nor British nor an EEA national.
Perhaps apply for a Visitor for marriage visa.
After marriage, apply for a Tier 2 dependant visa from USA.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

isujackson
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Post by isujackson » Sun Jan 08, 2012 2:45 am

Sorry.

So I'd apply for a vistors visa to marry and then perform a ceremony there. I'd then leave and then apply for my spousal visa.

Is this correct?


I'll tell ya, some men will storm the gates of heaven and hell for love. Me, I'm dealing with international red tape for love.

vinny
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Post by vinny » Sun Jan 08, 2012 2:53 am

Yes. Although after marriage, you'll be applying for a PBS Tier 2 dependant visa rather than a spouse visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

isujackson
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Post by isujackson » Sun Jan 08, 2012 2:56 am

vinny wrote:Yes. Although after marriage, you'll be applying for a PBS Tier 2 dependant visa rather than a spouse visa.
Ok thank you.

I guess I'll tell my fiance that this is a better course of action. We'll both be bummed we got to delay seeing each other but thats how it goes.

LisaEgypt
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Re: Question about Fiance/Spouse Visa

Post by LisaEgypt » Sun Jan 08, 2012 10:29 am

isujackson wrote:I recently got engaged and my partner lives in the UK. She is from New Zealand and I am from the United States, we met while we were both working in South Korea.

She is currently working as a public school teacher and on a tier 2 sponsored work visa.

We've been going back and forth between USA and the UK when we have time to visit each other. We'd like to bring me over on fiancé visa so that we can stay together and then eventually spousal visa so I can work there.

I have tickets to the UK on the 15th of January for her birthday and we plan on traveling Europe for a few weeks, Moracco, Prague and then a few other places. I'd fly out of London again back to the USA at the end of March.


Can we start the process in London or should I wait to start the process when I return to the United States.

Can you give any other advice or hints about getting the fiancé visa?

Any help would be greatly appreciated.
Dont want to put a downer on your situation and I wish you luck, but I am a british citizen, home owner, employed and I cant get my fiance here for a visit. Three times so far tried, he has been refused everytime. we have answered the refusal comments and they manage to add some new ones, they all surround them thinking he will not return to where he has come from. He is studying a degree in hong kong they wont accept anything he has to prove he is studying. They want to know where money has come from on Bank statements provided, even though his father has his own business there and has shown his tax returns. There is just no sense to it, you should have fallen for an eastern european, they have the right to come to the UK and bring a husband they have picked up from anywhere in the world believe me I know of this happening. I hope you fin succcess and anything you can find out would be helpful :)

isujackson
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Re: Question about Fiance/Spouse Visa

Post by isujackson » Sun Jan 08, 2012 1:44 pm

LisaEgypt wrote:
isujackson wrote:I recently got engaged and my partner lives in the UK. She is from New Zealand and I am from the United States, we met while we were both working in South Korea.

She is currently working as a public school teacher and on a tier 2 sponsored work visa.

We've been going back and forth between USA and the UK when we have time to visit each other. We'd like to bring me over on fiancé visa so that we can stay together and then eventually spousal visa so I can work there.

I have tickets to the UK on the 15th of January for her birthday and we plan on traveling Europe for a few weeks, Moracco, Prague and then a few other places. I'd fly out of London again back to the USA at the end of March.


Can we start the process in London or should I wait to start the process when I return to the United States.

Can you give any other advice or hints about getting the fiancé visa?

Any help would be greatly appreciated.
Dont want to put a downer on your situation and I wish you luck, but I am a british citizen, home owner, employed and I cant get my fiance here for a visit. Three times so far tried, he has been refused everytime. we have answered the refusal comments and they manage to add some new ones, they all surround them thinking he will not return to where he has come from. He is studying a degree in hong kong they wont accept anything he has to prove he is studying. They want to know where money has come from on Bank statements provided, even though his father has his own business there and has shown his tax returns. There is just no sense to it, you should have fallen for an eastern european, they have the right to come to the UK and bring a husband they have picked up from anywhere in the world believe me I know of this happening. I hope you fin succcess and anything you can find out would be helpful :)
Well that was actually a big downer.

Greenie
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United Kingdom

Post by Greenie » Sun Jan 08, 2012 1:50 pm

isujackson wrote:
vinny wrote:Yes. Although after marriage, you'll be applying for a PBS Tier 2 dependant visa rather than a spouse visa.
Ok thank you.

I guess I'll tell my fiance that this is a better course of action. We'll both be bummed we got to delay seeing each other but thats how it goes.
you don't have to delay your visit to the UK on 15th January as long as you are coming as a visitor and planning on returning home, which, it appears you are. Is that what you are suggesting?

There's no reason why you can't visit your fiance for her birthday and travel as planned, but if you want to marry in the UK in the future you will need to apply for a marriage visit visa as suggested, or, in the alternative marry outside the UK and then apply for a PBS dependent visa.

isujackson
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Post by isujackson » Sun Jan 08, 2012 2:03 pm

Greenie wrote:
isujackson wrote:
vinny wrote:Yes. Although after marriage, you'll be applying for a PBS Tier 2 dependant visa rather than a spouse visa.
Ok thank you.

I guess I'll tell my fiance that this is a better course of action. We'll both be bummed we got to delay seeing each other but thats how it goes.
you don't have to delay your visit to the UK on 15th January as long as you are coming as a visitor and planning on returning home, which, it appears you are. Is that what you are suggesting?

There's no reason why you can't visit your fiance for her birthday and travel as planned, but if you want to marry in the UK in the future you will need to apply for a marriage visit visa as suggested, or, in the alternative marry outside the UK and then apply for a PBS dependent visa.
Well I'd delay the trip only to apply for the marriage visit visa and then we could be married. As right now, we don't have much of a legal right to stay with each other except for a short period of time, in the UK, in America or in New Zealand.

I think if I applied for the marriage visa ASAP, I could delay my trip by a few weeks and still make her birthday and so on.

isujackson
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Post by isujackson » Sun Jan 08, 2012 5:36 pm

on the application form it asks :
8.8 Where will you get married or enter into a civil partnership?
Please give full address, including postal code and telephone
number.

8.9 When will you get married or enter into a civil partnership?
Please state the date you intend to get married on or enter into a
civil partnership.
Do we need to register to marry before I send in my application? From what I've read, we both need to go make the application so I'm not sure how I'd do that.


Also could some help me with the finances part?

I work as a supply teacher when I have time so my income can vary widely between how much I work.

isujackson
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Post by isujackson » Tue Jan 10, 2012 10:39 pm

Quick question, should I book flight home and send the ticket info to the visa people before I even know if I will be given the visa?

I have a letter from my university stating that I need to be in the United States for school in April as proof I am returning to the United States.

It seems risky to book the flight with out knowing if I will be given the visa to go.

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