I plan to marry my American girlfriend PLEASE HELP! :)

[Jason666999]

My girlfriend and I plan to marry and she wants to move over here with me. We want to marry over here and live here, The problem though;

I was born and raised in Scotland but I am only 19, I noticed that you have to be 21 to get a fiancee visa. I really don't know much about visa stuff all I know is that we are deeply in love!

My girlfriend is 28 and has a cousin in this country if that helps? I think it is pathetic that you need to be 21 when I could have went and married at 16 to a UK citizen. Is there any way around this at all? She plans to get a work visa then apply for citizenship. I just want to be with her.

If it comes to it I will go to the US to marry her and come back here will that work? I also had an irish great grandfather if that helps? I don't know someone please help us. There must be a way around this all.

[Casa]

Even if you marry in the US you will be unable to apply for a spouse visa until you are 21. If your girlfriend qualifies for a work permit under any of the Tier categories she can apply and if granted can switch to spouse once you reach the qualifying age (assuming you marry). She needs to be aware however that British Citizenship under the work permit route is lengthy...6 years at present with the possibility that the right to BC and permanent residency for Work Permit holders may be removed under future plans of UKBA.
You could go to work (or study) in one of the EU states for a minimum of 6 months and then return under EU regulations in which case the age limitation doesn't apply.

[Jason666999]

Hmmm, What is the longest she could stay over here on a work visa for? Also what are the tier catagories?

So there is no other way we could stay together in this country whith her being able to work?

Thanks for your help

[PaperPusher]

Have a look at the UK Border Agency website. It would be the options outlined above, Tier 1 or 2 for work, perhaps Tier 5 for charity work, or Tier 4 as a student.

[Casa]

Student visa will require a big investment...around £20,000.
Does your girlfriend have any special professional skills/qualifications?
As Paperpusher has advised...have a look at the UKBA website under the Working in the UK section to get an idea of the options.

[Jason666999]

This is going to be a lot harder than I initially thought =[ She doesn't really have any qualifications she has had a hard life. She works as a carer for elderly etc does that count? I know why these rules are in place but really why does it matter if I am 19 or 21? I know the armed forces are allowed to at 18, is there any way you know of to appeal this?

[MPH80]

This is going to be a lot harder than I initially thought =[ She doesn't really have any qualifications she has had a hard life. She works as a carer for elderly etc does that count? I know why these rules are in place but really why does it matter if I am 19 or 21? I know the armed forces are allowed to at 18, is there any way you know of to appeal this?

Someone did try to appeal it - they failed:

http://news.bbc.co.uk/1/hi/uk/8400390.stm

Carers are on the job shortage list for tier 2 (see UKBA) - but they have to be a senior role, with at least 2 years experience and requiring management responsibilities.

http://www.ukba.homeoffice.gov.uk/emplo ... ationlist/

So - if she could qualify for that job, and find a sponsor, then she might be able to use that route.

But she's going to have to show potential earnings and she's going to have to get in under the cap of tier 2 migrants.

http://www.ukba.homeoffice.gov.uk/pointscalculator

Good luck - but I think your best options are to either consider exercising your treaty rights in another country for 6 months or going to the USA until you're old enough. Final option is to wait.

M.

[Casa]

An appeal through the courts is unlikely to succeed. You need to bear in mind that there are married couples with children separated as a result of the age restriction.
As depressing as it may seem, if she doesn't qualify for a work permit, you could use the next 2 years to build up evidence of the strength of your relationship to assist your application when you qualify..visits, proof of contact etc.

[Jason666999]

Would it not make any difference with the fact she is 28? She does have significant funds but just can't get them yet due to a complicated family situation. I think this is a breach of my human rights! It clearly isn't going to be a forced marriage what a load of utter bull! There must be a way =[

also thanks for all the info guys, much appreciated

[MPH80]

I think this is a breach of my human rights!

UKBA would say that they haven't denied you a right to a family life as you could travel to the USA and live there in safety and comfort. They frequently use this in 'article 8' applications which are trying to claim the right to a family life in the UK for failed asylum claims.

Would it not make any difference with the fact she is 28?

No.

She does have significant funds but just can't get them yet due to a complicated family situation.

If you want her to come here to live - then she might need it - but it's just part of the puzzle.

I think you are now discovering how the 'open door' UK isn't open at all and is actually bloody hard to get in to.

You should be preparing yourself for the costs of a spouse visa through ILR as well. The initial spouse visa currently costs around £750, and ILR is now £900 or £1250 in person. That will go up as time goes on - the in person application is already £200 more than when my wife applied in March.

M.

[Jason666999]

Hmmm and yet if she was a asylum seeker we'd welcome her with open arms and keep her off the state! Thanks anyway guys, We discussed it last night and I think we may have to do 6 months here then 6 moths there til I am 21 and head back here. Likely by then the law will have changed again to 25 or something

[ElenaW]

Hmmm and yet if she was a asylum seeker we'd welcome her with open arms and keep her off the state! Thanks anyway guys, We discussed it last night and I think we may have to do 6 months here then 6 moths there til I am 21 and head back here. Likely by then the law will have changed again to 25 or something

What you're saying is completely ignorant (about asylum seekers). I think you should know better what with trying to get your immigrant partner into the UK.

By the way, you can't "do" 6 months in the US. It's 3 months. Also you'll both find it difficult as I'm assuming neither of you can just take 6 months out of work out of the year. You need to be working or studying or something to show proof of ties to your home countries. Without any proof of ties, either of you may get refused entry into either country.

Overall, I think you should probably watch what you say on IMMIGRATION forums. It's insulting.

[skyepark]

why don't you work in the US or are you studying in the UK? there are many reasons why the 21 age restriction has been put in place, since you're both young you can travel the world and come back when you're old enough for spouse visa.

[ElenaW]

why don't you work in the US or are you studying in the UK? there are many reasons why the 21 age restriction has been put in place, since you're both young you can travel the world and come back when you're old enough for spouse visa.

It's a bit difficult to travel the world when you're young. Where do the funds come from?

[skyepark]

There are ways, you can do working holidays, save up some to buy some tickets, seasonal work abroad. When I say travel the world I do not mean all the countries, there are many fellowships and internships available. UK is pretty expensive to live in when young and not earning much.

[Plum70]

You could go to work (or study) in one of the EU states for a minimum of 6 months and then return under EU regulations in which case the age limitation doesn't apply.

Will only work if the OP is employed or self-employed. Studying or self-sufficiency not accepted.

[Jason666999]

So yeah I'm back, So now I'm wondering what the laws are regarding me going there instead. What fiance visa age restrictions/limitations are there for the US?

[zhashim]

http://travel.state.gov/visa/immigrants ... _1315.html

[zhashim]

Bear in mind though that if you go to the US on a Fiance visa, you have to marry your Fiance within 90 days of travelling there.