Please Help. We need advise.

[Stryth]

I'm a UK citizen and have lived in Scotland all my life, my girlfriend is American citizen, and has lived in America for all of her life too. She's living with me right now, and we want to make her stay permanent.

The complicated part is that she's currently married to someone else who lives in America, and although she has filed for legal seperation. He hasnt signed any papers yet because of assets money etc, so the divorce hasnt gone through as of yet.

She applied for a working holiday visa, but was declined because apparently both husband and wife need to fill out an application, obviously she isnt with him anymore, so him filling out a working holiday application is unrealistic.

We intend to marry once her divorce is finalised, but obviously we cant do it as of yet.

We would really like some advice on what we should do to get her some sort of visa that would allow her to work here and live here, while her divorce is going through. Thank you in advance for any help given.

[paulp]

She should look into HSMP, Work Permits or maybe a Student Visa if she wants to study.

[Stryth]

We've looked through all that stuff, but theres so many sites that it just gets confusing. That's why I registered here, to perhaps help clear up some of the fog.

She's just finished her degree's so she doesnt need to study. The fact that she's got 2 degree's should be a good thing, but all the sites we've seen just want to know how much she earns in her field, which is absolutely nothing so far, since she's been over here for most of the time since she graduated.

[paulp]

Did she graduate abroad or in the UK? If it's in the UK, she should look at IGS, otherwise, she needs to find an employer who's prepared to apply for a work permit for her.

[Stryth]

Yeah, she studied and graduated in the States. I knew about the employer sponsorship, and thats what we've been looking into right now, since its about all we have to go on right now, but thats obviously a long shot at best.

Getting someone who is willing to put forth the time and effort to help get someone through immigration, especially in her field, isn't proving to be easy.

[Stryth]

I heard someone say that Civil Partnership can be used my men and woman relationships to help situations like ours, and obviously help immigration, but I cant find any information on it. Everything I find just talks about same sex marraige, which obviously isnt what we're after.

We just want to be seen as legal partners in the eye's of the law.

[paulp]

I heard someone say that Civil Partnership can be used my men and woman relationships to help situations like ours, and obviously help immigration, but I cant find any information on it. Everything I find just talks about same gender marraige, which obviously isnt what we're after.

We just want to be seen as legal partners in the eye's of the law.

The Unmarried Partner's Visa requires 2 years of living together in a "relationship akin to marriage".

[Stryth]

Hmmm, well that isn't good news at all. It seems like all we can do is wait for her divorce to go through (Which is 6 months after it's been filed for, whether he signs or not)

I think if he was going to sign he would have done so by now though. That will go through in about 2-3 months time. In the meantime we'll just need to keep trying for a sponsor to get her employment.

After the divorce goes through, she can re-apply for the working holiday or we can marry. I have a question though. Does the working holiday visa always have to be applied for in the country of residence? Meaning will she have to fly back to the states to re-apply, or can she do it here?

[paulp]

As far as I'm aware, the WHV can only be applied in the home country.

[Wanderer]

As far as I'm aware, the WHV can only be applied in the home country.

Isn't WHM visa for Commonwealth citizens only?

[Stryth]

Do you think if there was evidence of us living together as partners and if I could prove my intent to marry her, it would have an influence on the need for her husband to apply for the working holiday visa too?

[Stryth]

As far as I'm aware, the WHV can only be applied in the home country.

Isn't WHM for Commonwealth citizens only?

Do you know if South Africa in the Commonwealth? I work with 2 people right now who are over here on that visa. If it isn't we should be ok.

When she applied for the working holiday visa in the states, the advising officer didnt mention anything about her needing to be from a commonwealth country either.

[Wanderer]

As far as I'm aware, the WHV can only be applied in the home country.

Isn't WHM for Commonwealth citizens only?

Do you know if South Africa in the Commonwealth? I work with 2 people right now who are over here on that visa. If it isn't we should be ok.

When she applied for the working holiday visa in the states, the advising officer didnt mention anything about her needing to be from a commonwealth country either.

It is (I think!)

[Stryth]

I just looked it up, you're definetly right about it being a commonwealth country. I just hope you're wrong about that being a pre-requisite for a working holiday visa.

If you arent, then the person she flew 2 thousand miles to talk to in Chicago should be fired for not advising her correctly.

[Wanderer]

As far as I'm aware, the WHV can only be applied in the home country.

Isn't WHM for Commonwealth citizens only?

Do you know if South Africa in the Commonwealth? I work with 2 people right now who are over here on that visa. If it isn't we should be ok.

When she applied for the working holiday visa in the states, the advising officer didnt mention anything about her needing to be from a commonwealth country either.

From UK Visas site;

Nationals of United States are not eligible for entry to the United Kingdom under the Working Holidaymaker scheme.

[INSIDER]

The working holiday visa applies ONLY to commonwealth countries. As a US national your girlfriend would not qualify. Are you quite sure it was a WH visa she applied for?

[Stryth]

She didn't apply for that, because the advisor she spoke to said her husband would need to apply too, but he never ever mentioned anything about her needing to be from a Commonwealth country to qualify.

In the end she applied for an extended stay visa, until we could figure out a battle plan on how to get her a work permit. The plan until about 5 minutes ago was apply for a working holiday visa when she was able.

[Stryth]

Her grandparents were from Ireland before immigrating to America. I wonder if we can work on getting an Ancestral Visa.

[Wanderer]

Her grandparents were from Ireland before immigrating to America. I wonder if we can work on getting an Ancestral Visa.

She should be able to get an Irish passport then - ur worries are over!

From t'internet;

"Citizenship through descent from Irish grandparents

If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.

If you are entitled to register, your Irish citizenship is effective from the date of registration. The Irish citizenship of successive generations may be maintained in this way by each generation ensuring their registration in the Foreign Births Register before the birth of the next generation.

Since 1 July 1986, a person registered in the Foreign Births Entry Book after 1986 is deemed to be an Irish citizen only from the date of his/her entry in the Register and not from the date of birth. This means that children born to that person before his/her date of entry in the Register are not entitled to citizenship.

People registered before July 1986 are deemed Irish citizens either from the date the original Irish Nationality and Citizenship Act came into force, i.e. 17 July 1956, or their date of birth, whichever is later. Only children born after 17 July 1956 can claim citizenship in such cases."

[Stryth]

Well before I do a celebratory song and dance, I'll need to find out if its Northern Ireland or Southern Ireland, haha

[Wanderer]

Well before I do a celebratory song and dance, I'll need to find out if its Northern Ireland or Southern Ireland, haha

Yeah - as an aside those born in Norn Iron are entitled to Irish citizenship too..

What about t'other side - any other European gramps? Italian?

[Stryth]

Now that I think about it, will that even matter? Seeing as Southern Ireland is part of the E.U now?

[Stryth]

No aside from the Irish grandparents, all her relatives are born and bred in America.

[Wanderer]

Now that I think about it, will that even matter? Seeing as Southern Ireland is part of the E.U now?

U should be covered - Irish passport means she can just move here or anywhere in EU, if it's NI, ancestry visa.

Make sure tho - my grandfather was Irish but I'll be buggered if there's any proof of his existence at all, Irish and paperwork are not common bedfellows....

[Stryth]

Yeah I just talked to her, she's landed in London. Apparently her grandmother doesnt have any paperwork, so it would be down to us to try and find it on our own by the looks of it.

Still, thats about the most encouraging angle we have so far