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I can speak from direct experience here. My mate is a Brit, married a US girl in the US, got his GC etc.hughjars99 wrote:Hi all, I was wondering if one or some of you can help? My girlfriend is American, and I am English, living and working in London. My girlfriend and I are looking to live together in London, but don't really know how to start the process off. Because of this fact, it seems a slow process (as I am sure it will be once we do know what we need to do).
So my question is this. How viable, and indeed legal is it for her to keep coming over here to stay on a 90 day holiday visa with me in my home, then leave the UK to go back to the States for a week and then return on another 90 holiday visa?
Is it being completely naive to think that this is a short-term way around the distance that separates us and also a way to get around not being able to be with each other while we figure out which permanent visa to apply for?
Well if the immigration control boys suspect her of living here on a visa (or waivered visa in US case) they might refuse her entry which would be a black mark against her immigration record.hughjars99 wrote:So its not something that is illegal then? I mean, I am in a position to provide flights for my girlfriend to keep leaving the country on or just before her 90 day holiday period ends. Is there a minimum amount of time that she has to leave the UK for before she's allowed back in?
Also, her and I are not married, although it is something that we are very keen to do. Marriage, as far I am aware, helps in the process of visa application, so if we were to marry here or in the States, does that then mean this flitting from UK to the US can stop?
US citizens (and many others) are routinely given leave to enter the UK for 6 months as visitors, not 90 days. But the main thrust of what you say should certainly be taken on board by the original poster.darksquid wrote:It is my understanding that, in general, a person must not spend more than 90 days in any 12 month period in the UK as a visitor. As others have mentioned, any more than this will appear as intent to settle...and the likelyhood of being denied entry is very high indeed.
Ah, well spotted...I did, in fact, mean 6 months....in my jetlag-addled brain last night, 90 days = 6 months! That being said, visitors ARE sometimes given less less than 6 months upon entry to the UK. I am sure I was given a three month stamp at some point.Christophe wrote:US citizens (and many others) are routinely given leave to enter the UK for 6 months as visitors, not 90 days. But the main thrust of what you say should certainly be taken on board by the original poster.darksquid wrote:It is my understanding that, in general, a person must not spend more than 90 days in any 12 month period in the UK as a visitor. As others have mentioned, any more than this will appear as intent to settle...and the likelyhood of being denied entry is very high indeed.
She'd have to return home to switch visas, I don't think you can switch to anything from a visitors visa.hughjars99 wrote:If this is all correct, while she's here can we apply for her to remain for longer or would any such application have to be done when this 6 months has finished and shes flown back to the States?
Visit for vacation/business
As a visitor to the UK, you must be able to show that:
you are genuinely seeking entry as a visitor for up to six months
you intend to leave the UK at the end of your visit
you do not intend to take employment in the UK
you have enough money to support and accommodate yourself without recourse to public funds or taking employment
you can meet the cost of a return or onward journey.
ADVICE FOR APPLICANTS
It is your responsibility to satisfy the Entry Clearance Officer that you meet all the criteria of the category under which you are applying. Therefore, it is in your interest to ensure that you are fully prepared before submitting an application. An Entry Clearance officer will base their decision to issue or refuse on the documents you submit.
PLEASE NOTE THAT THE APPLICATION PROCESSING FEE IS NON-REFUNDABLE IRRESPECTIVE OF THE OUTCOME OF YOUR APPLICATION.
Documentary Requirements
1) Online application (Please note New York only accepts online applications).
2) Passport (note: It should be the original document and have ample validity)
3) One passport size photograph - no scans (Click here for example)
4) Evidence of your Immigration Status in the USA and permission to re-enter the USA after your trip (not necessary for US citizens). Please submit original documents. Examples include:-
-Permanent Resident Card
-Valid US visa (e.g, H1B, F1)
-Advance Parole Document
-Employment Authorisation Card (does not permit re-entry to US)
-Valid DS 2019 (Formerly IAP66)
-Valid I-20 (must be signed on the reverse by designated school official)
-Valid I-94
4) Confirmed Flight Reservation (You may reserve flights but do not purchase the ticket before the Visa is issued).
5) Employment Letter / Confirmation of Employment.
For Vacation: to include length of service and vacation dates.
For Business: giving full details of proposed business visit and stating employer will be financially responsible.
Self-employed: letter of incorporation/business registration document or 1040 tax return.
Please note we cannot accept TALX / "The Work Number" subscriber references.
6) Evidence of funds: e.g, Recent bank statement (within last 30 days), travellers cheques. (Credit card statements are not acceptable).
7) If you are visiting family or friends you will need:
a letter from your sponsor (the person you are visiting) explaining your relationship with them and the purpose of your visit.
If your sponsor will be supporting you during your visit, or paying for the cost of the visit, you will need: payslips, bank statements, or some other evidence to show that they have enough money to support you
With a visit visa you can usually enter and leave the UK any number of times while it is still valid. You cannot stay for longer than six months on each visit. Visit visas can be valid for 6 months, one year, two years or five years. You can apply for a visa valid for any of these periods. The Entry Clearance Officer may decide to make your visa valid for a shorter time than you have asked for, for example if are not a regular traveller or have never visited the UK before.
no problemhughjars99 wrote:Darksquid, your help in this is greatly appreciated.
I'd better tell the old "ball and chain" that shes got some work to do before she gets her arse over here to be with me.
Thanks again all.
As advised above, she'll need to formally apply for a Visitors Visa and the nearest British Embassy to her in USA.hughjars99 wrote:Just a quick question on this though. She said to me last night that shes got some time off work over Easter, and wants to fly over here for a long weekend (from Thursday 5th April to Monday 9th April). With what happened the last time she tried to gain entry into the country do you think that she will have any problems this time around?
Obviously she will have a return ticket before she leaves the States, and I've told her to get a letter from her job stating she has employment to go back to once she leaves the UK. Her passport is also not quite as brand spanking new as it was before, although it still hasnt been used to leave the US or enter another country.
Before I start throwing £700 for a flight for her to come for that weekend, is there anything else that I should get for her, from my side to help in her transition from the States to here for that long weekend, or is there anyone I can talk to to iron out any potential pitfalls before I purchase her ticket. Does she need to do anything before she boards the plane to make sure that when she lands at Heathrow in a fortnights time shes actually allowed into the arrivals lounge and not dumped on a plane going home a couple of hours later.
Thanks for any advice...
You old romantic, you...!....certainly not Las Vegas, turn up and sign ur life away.....
My husband and I were in exactly the same boat as you are. We knew we wanted to be together, and we had vaguely discussed marriage. However, unlike us, you actually seem to be quite open to the idea of doing it now! We were absolutely furious at being made to feel we 'had' to get married after spending only 4 months physically together (of a total of three years knowing eachother). But it was either that or not be together.To qualify for admission as a spouse, you must show that;
The sponsor is present and settled in the United Kingdom, or is to be admitted for settlement at the same time as the applicant arrives in the UK;
The parties to the marriage have met;
The marriage is subsisting and each of the parties intend to live permanently with the other as his/her spouse;
There will be adequate accommodation for the parties and any dependents without recourse to public funds in accommodation which they own or occupy exclusively;
The parties will be able to maintain themselves and any dependents adequately without recourse to public funds
Entry clearance when issued is usually valid for 2 years and good for multiple entry. Applications should therefore be submitted only when you have specific plans to settle in the United Kingdom with your spouse.
ADVICE FOR APPLICANTS
It is your responsibility to satisfy the Entry Clearance Officer that you meet all the criteria of the category under which you are applying. Therefore, it is in your interest to ensure that you are fully prepared before submitting an application. An Entry Clearance officer will base their decision to issue or refuse on the documents you submit.
PLEASE NOTE THAT THE APPLICATION PROCESSING FEE IS NON-REFUNDABLE IRRESPECTIVE OF THE OUTCOME OF YOUR APPLICATION.
Documentary Requirements
1) Online application
2) Passport (note: It should be the original document and have ample validity)
3) One passport size photograph (Click here for example)
4) Spouses Passport
If your spouse is a British citizen by birth but does not hold a British passport then a full (long form) British birth certificate giving parents’ names will suffice. A British Visitor’s Passport is not sufficient.
If your spouse is entitled to right of abode in the United Kingdom but travels on a non-British passport, that passport containing the Certificate or stamp of the Right of Abode must be produced.
If your spouse is a foreign national with indefinite leave to remain in the United Kingdom, produce that passport.
If your spouse holds a British citizen passport, produce that passport.
5) Marriage certificate
This must be a civil marriage certificate issued by the registrar of marriage of the town or city where the marriage took place and bearing the appropriate seal of office.
A Civil marriage certificate issued by the relevant authorities of another country is acceptable, if accompanied by an official translation.
6) Termination of previous marriage
(i) divorce papers showing the date the divorce became final;
(ii) death certificate.
7) Letter Of Support
If you and your spouse do not attend this office in person we will require a letter stating that they are aware and support your application to settle with them in the United Kingdom, and that it is their intention that you will live permanently together as each other’s spouse.
Evidence Of Accommodation in the UK
This may come in various forms:
a) Lease or tenancy agreement for private rented property
b) Tenancy agreement with the local authority housing department
c) Mortgage papers for privately owned property
d) Title deeds (OR letter from the organization holding the deeds).
If you plan to stay temporarily with relatives or friends we require a letter from them giving their consent to this arrangement. In addition evidence in the form of (a), (b), (c) or (d) that they have suitable temporary accommodation available for you and your dependants.
NOTE: Under the Rules you must demonstrate that you have the intention and ability to acquire adequate accommodation of your own or which you occupy yourselves (i.e. a separate unit of accommodation. One room in a shared property may not be acceptable other than on a strictly temporary basis).
9) Financial Support
Evidence that you and your spouse can support yourselves and your dependants without recourse to public funds may include one or a combination of the following documents according to your circumstances.
a) Letter from your spouse’s employer in the United Kingdom stating the position in the company, length of service, annual salary and whether the position is permanent.
b) Offers of employment for either/both parties including details of salary.
c) Recent statements of bank and saving accounts showing sufficient means of support while employment is sought in the United Kingdom or for indefinite support if no employment is planned.
d) Educational or vocational certificates and C.V. to demonstrate qualification for potential employment in the area in which you plan to live.
e) References from previous employers.
f) Enquiries made regarding employment in the United Kingdom.
g) Plans for self-employment in the United Kingdom.