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Topic: I am an anxious mess and I haven't even started the process yet  (Read 584 times)

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I need to get this all out and get some advice before I lose my mind. 

I have been with my boyfriend (a UK citizen - born and raised) for 2 years now.  I have always had plans to move to the UK but being with him has obviously increased that desire.  Things are hard, the distance is hard and I want to get there as soon as possible. 

He is in the Scunthorpe area and I have started applying to different social work positions (my degree of study) but have not heard a single word back.  It's kind of hard to get a job when you cannot yet legally work in a country.  I know you can visit the country for up to 6 months sans visa, so I called the visa/immigration office today.  I was told i could look for work while visiting, but would have to come back to the States to apply for a work visa.  I am sure a potential employer would love that!  I read over a list of companies who sponsor and none were helpful to my degree field or the area he is in.

My boyfriend and I are engaged, however, and that is another option for us. I really wanted to get in with a job so we could stay engaged longer (maybe that makes me weird, haha).  I don't know where to go from here. I've looked at the visa to move to be with a partner.  Is that my best route?  I've seen a lot of stories on here with couples who got married before they started this process and I would much rather have the 6 months to plan once I'm there (he meets the financial requirement, but a big wedding is just not our ideal wedding or in our budget - at this time, anyway). 

What do I do?  Where do I go from here, I am so confused and I just want to start my life with my future husband. 

I really hope someone can help me out - it would more appreciated than you know.


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #1 on: August 16, 2014, 02:55:56 AM »
Welcome to the forum.

Getting a job in the UK is usually difficult.  Unless the job is listed on the shortage occupation list, the UK employer must demonstrate that no one in the UK and EU can fill the position before they can sponsor someone for a work visa.  So unless the work is quite niche and/or you are applying for higher level positions, most UK employers aren't keen on paying much attention to non-EU applicants.

The unmarried partner visa is for couples who have been in a relationship and living together for two or more years, with evidence to prove it - like joint bank accounts, rental or mortgage statements, and so on.  If in a long distance relationship, this is obviously not usually an option.  It is more for couples where they have been living in the US together, or another country, or the US citizen was already in the UK with another visa, like student or work. 

It looks like your options at the moment are:

Get a fiance visa.  You can move to the UK, and you must marry within 6 months.  Once married, you can switch within the UK to the equivalent to a spouse visa.  Note that you cannot work on a fiance visa - paid, unpaid, remotely, volunteer - nothing!

Get married, then get a spouse visa.  The spouse visa allows you to move to the UK and work immediately.

There is the marriage visitor visa that allows you to visit the UK and get married, but it is only good for 6 months and you must return home before then.  You also have to abide by the visitor rules during your stay, so no NHS, no work, etc.  You cannot switch to a spouse visa within the UK as a visitor; if you wanted to come back, you would need to apply for a spouse visa from the US.

Keep trying for a work visa, but generally speaking, those are rather difficult.  Though not impossible, so if you think you really have a chance, go for it.

Get a student visa and work towards another degree.  The downside to this visa is that you will be an international student subject to international fees, so the cost of attending school may be prohibitive. 


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #2 on: August 16, 2014, 04:08:49 AM »
Hello!  Good luck with your searches.  It can be quite daunting when you are at the beginning.  I just wanted to say that, if you guys are eligible for the spousal visa, it may be worth the effort to allow you to end the LDR.  Obviously you don't want to rush into anything but it may be your best option.  You can only get married in the UK if there on the appropriate visa (Fiancee, Marriage Visitor, Student, etc.) but you could get married in the US while he is there on the VWP.  Just because you get married on paper does not mean that you can't save up for a big party later!

Good luck with everything!  This forum is excellent when it comes to visas and general English queries. 
Met Mr. Beatlemania: 20 Jan 2010
Tier 4 Visa Approved: 17 Sep 2012
Spousal Visa Received:  22 Sep 2014
Ohio to Essex: 26 October 2014
FLR(M): 10 May 2017
ILR: 23 October 2019
Citizenship: 6 September 2022


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #3 on: August 16, 2014, 08:33:18 AM »
Welcome to the forum :).

As the others have said, getting a work visa for the UK can be very difficult if the job is not in demand/in shortage in the UK, or very specialised/highly skilled.

If the job is listed on the Tier 2 Skills Shortage List, then the company is able to sponsor you more easily for a work visa. However, I don't believe that there are any social work jobs on the list.

If the job is not on the list, then the company has to prove that they have advertised the job across the UK and across all 26 other EU countries for a certain number of weeks, and have been unable to find a single suitable applicant, before they are allowed to hire you. And considering there are 500 million people in the EU, and many people are looking for work, it's unlikely that there will be no suitable applicants at all.

However, as you are engaged to a UK citizen, it would probably be much easier to go the marriage route. Once you are married and have a visa that allows you to work, you can apply for any job you like and will be considered for it as if you were a UK citizen.

If you wish to marry in the UK, then your best option is probably a fiance visa - it costs £885 and is valid for 6 months, during which time you must marry. After the wedding, but before the visa expires, you would need to switch to an FLR(M) visa, which will allow you to stay in the UK for another 2.5 years. The FLR(M) costs £601 by post (but can take a few months) or £1,001 in person for a same-day decision.

Alternatively, if you were to marry in the UK, you could come to the UK directly on a spousal visa (£885) and work immediately. It would be valid for 33 months and so you would only need to apply for the one visa, not two.


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #4 on: August 16, 2014, 02:30:21 PM »
Welcome to the forum.

Getting a job in the UK is usually difficult.  Unless the job is listed on the shortage occupation list, the UK employer must demonstrate that no one in the UK and EU can fill the position before they can sponsor someone for a work visa.  So unless the work is quite niche and/or you are applying for higher level positions, most UK employers aren't keen on paying much attention to non-EU applicants.

The unmarried partner visa is for couples who have been in a relationship and living together for two or more years, with evidence to prove it - like joint bank accounts, rental or mortgage statements, and so on.  If in a long distance relationship, this is obviously not usually an option.  It is more for couples where they have been living in the US together, or another country, or the US citizen was already in the UK with another visa, like student or work. 

It looks like your options at the moment are:

Get a fiance visa.  You can move to the UK, and you must marry within 6 months.  Once married, you can switch within the UK to the equivalent to a spouse visa.  Note that you cannot work on a fiance visa - paid, unpaid, remotely, volunteer - nothing!

Get married, then get a spouse visa.  The spouse visa allows you to move to the UK and work immediately.

There is the marriage visitor visa that allows you to visit the UK and get married, but it is only good for 6 months and you must return home before then.  You also have to abide by the visitor rules during your stay, so no NHS, no work, etc.  You cannot switch to a spouse visa within the UK as a visitor; if you wanted to come back, you would need to apply for a spouse visa from the US.

Keep trying for a work visa, but generally speaking, those are rather difficult.  Though not impossible, so if you think you really have a chance, go for it.

Get a student visa and work towards another degree.  The downside to this visa is that you will be an international student subject to international fees, so the cost of attending school may be prohibitive. 

Thank you so much.  We are both so appreciative and have been talking about this message, working out what route we want to take.  We are leaning toward getting the fiance visa.  It seems the most practical for our situation. 

My fiance and I now just need to work out everything we need to get together in order to apply.  That will be a headache in itself, haha.  And just so I'm sure, the fiance visa is the Join Family Living Permanently in the UK, correct? 

Thank you again


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #5 on: August 16, 2014, 02:37:19 PM »
Hello!  Good luck with your searches.  It can be quite daunting when you are at the beginning.  I just wanted to say that, if you guys are eligible for the spousal visa, it may be worth the effort to allow you to end the LDR.  Obviously you don't want to rush into anything but it may be your best option.  You can only get married in the UK if there on the appropriate visa (Fiancee, Marriage Visitor, Student, etc.) but you could get married in the US while he is there on the VWP.  Just because you get married on paper does not mean that you can't save up for a big party later!

Good luck with everything!  This forum is excellent when it comes to visas and general English queries. 

Thank you so much.  I was not sure if getting married here was an option, honestly.  I just read into the VWP though and that's great to know, thank you! It definitely would make it easier to go straight to the spousal visa and save myself a bit of money.  We'll see what we decide on for sure and I know I'll keep posting on here throughout the process!

Thank you again!


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #6 on: August 16, 2014, 02:50:27 PM »
Welcome to the forum :).

As the others have said, getting a work visa for the UK can be very difficult if the job is not in demand/in shortage in the UK, or very specialised/highly skilled.

If the job is listed on the Tier 2 Skills Shortage List, then the company is able to sponsor you more easily for a work visa. However, I don't believe that there are any social work jobs on the list.

If the job is not on the list, then the company has to prove that they have advertised the job across the UK and across all 26 other EU countries for a certain number of weeks, and have been unable to find a single suitable applicant, before they are allowed to hire you. And considering there are 500 million people in the EU, and many people are looking for work, it's unlikely that there will be no suitable applicants at all.

However, as you are engaged to a UK citizen, it would probably be much easier to go the marriage route. Once you are married and have a visa that allows you to work, you can apply for any job you like and will be considered for it as if you were a UK citizen.

If you wish to marry in the UK, then your best option is probably a fiance visa - it costs £885 and is valid for 6 months, during which time you must marry. After the wedding, but before the visa expires, you would need to switch to an FLR(M) visa, which will allow you to stay in the UK for another 2.5 years. The FLR(M) costs £601 by post (but can take a few months) or £1,001 in person for a same-day decision.

Alternatively, if you were to marry in the UK, you could come to the UK directly on a spousal visa (£885) and work immediately. It would be valid for 33 months and so you would only need to apply for the one visa, not two.

Thank you so much for replying. 

Social workers are on the shortage list and silly me thought that may give me an advantage, haha.  After discussing it all with him and showing him these messages (he is also so grateful for the replies) we have a better understanding and idea of what we want to do. 

The only downside with the fiance visa, is packing the wedding and the spousal visa application process into 6 months.  That seems nearly impossible.  Plus, there is whole having to get 2 visas thing.  It's a lot. 

Visa speaking, would it be easier for my fiance to visit (which he is planning on doing around the end of the year) and us get married at that time?  Of course I am not wanting to rush this at all, but I know we could always do something more official when I'm there.  So if he comes to the US and we get married, I could apply for a spousal visa straight away afterward and get the ball rolling on that, correct?  And it is legal and will be recognized as a true marriage if he visits and we marry?

And after the 33 months, would I be applying for a spousal visa again?  And just continue that every 33 months until I apply for citizenship?  I haven't seen the spousal visa listed on the Gov site (maybe I completely missed it) so that is all a bit unclear right now.  Do you happen to have a link that would take me to information regarding that, ie: what we need to have to apply?

Also, I've seen people on here mentioning submitted wedding plans and pictures of rings and dresses.  What about those who either want to plan the big wedding later, or do not have the necessary funds at the moment (or both!)?  Does that lessen the chance of getting a visa? 

I think those are all my questions right now, until you reply, haha.  Thank you again so, so much.  This process would be so much stressful if I hadn't found this website.  I am so thankful for your time.


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #7 on: August 16, 2014, 04:55:00 PM »
Social workers are on the shortage list and silly me thought that may give me an advantage, haha.  After discussing it all with him and showing him these messages (he is also so grateful for the replies) we have a better understanding and idea of what we want to do.

It does give you an advantage in that it means the potential UK employer does *not* have to pass the resident labour market test - in other words, the employer does not have to prove that no one in the UK and EU is qualified to do the job before offering sponsorship.  With that said though, there are still loads of people looking for employment and if a UK employer can hire someone qualified locally who doesn't need sponsorship, that's probably what the company will do.

Quote
The only downside with the fiance visa, is packing the wedding and the spousal visa application process into 6 months.  That seems nearly impossible.  Plus, there is whole having to get 2 visas thing.  It's a lot.

Depending on what you're doing and how far along with your planning you are, it's possible. 

If you're looking into having a small registry wedding with a small number of guests, or just between you and your partner, it's totally feasible to get it all sorted in 6 months. 

If you're looking for a big wedding with loads of people attending from all over (and venue hire, music, catering, etc), then a bit more planning probably needs to be involved to get everything sorted. 

Switching to FLR(M) - the equivalent of a spouse visa - is essentially the same application as the fiance visa.  So everything you needed to submit for the fiance visa, you submit for FLR(M) and include your new marriage certificate. 

Additionally, FLR(M) doesn't need to be approved in those 6 months;  you just needed to have submitted an application in those 6 months.  So you would be fine to submit an application for FLR(M) after your marriage in the UK a few weeks before your fiance visa expires, and you can remain in the UK until you get a decision on your FLR(M).  Until that decision is reached, you remain tied to the rules of the fiance visa.  So, you could legally remain in the UK while they process FLR(M), but you wouldn't be able to work.  If you wanted a decision sooner, you could do an in-person appointment for a (usually) same day decision.  It costs extra, but depending on your circumstances, it may be worth it to be able to work sooner. 

Quote
Visa speaking, would it be easier for my fiance to visit (which he is planning on doing around the end of the year) and us get married at that time?

The fiance and spouse visa are almost the same application.  The main difference is that for a fiance visa, you need evidence that you have been making plans to marry and for a spouse visa, you need your marriage certificate.  But the other requirements (ex. financial, housing, etc) are exactly the same for the two visas.  So in regards to applying for a spouse or fiance visa, one isn't easier than the other, nor will one be faster processed than the other.  It's really a matter of your personal preference and circumstances.

Quote
So if he comes to the US and we get married, I could apply for a spousal visa straight away afterward and get the ball rolling on that, correct?  And it is legal and will be recognized as a true marriage if he visits and we marry?

Yep.

Quote
And after the 33 months, would I be applying for a spousal visa again?  And just continue that every 33 months until I apply for citizenship?  I haven't seen the spousal visa listed on the Gov site (maybe I completely missed it) so that is all a bit unclear right now.  Do you happen to have a link that would take me to information regarding that, ie: what we need to have to apply?

Some helpful links are:

https://www.visa4uk.fco.gov.uk/
https://www.gov.uk/join-family-in-uk

Not official UKVI pages, but good examples of what you'll need to apply:

http://www.londonelegance.com/transpondia/family-visas/spousal-visa
http://www.londonelegance.com/transpondia/family-visas/fiance-visa

The paths are:

Fiance visa > FLR(M) > FLR(M) > ILR > Citizenship (optional)
Fiance visa = valid for 6 months
FLR(M) = valid for 30 months
ILR = indefinite leave to remain (permanent residence)

Spouse visa > FLR(M) > ILR > Citizenship (optional)
Spouse visa = valid for 33 months
FLR(M) = valid for 30 months
ILR = indefinite leave to remain (permanent residence)

Boiling it down, you qualify for ILR after 5 years of living in the UK and have to extend your visa until you reach the 5 year mark and can apply for ILR.  Once you have ILR, you can apply for citizenship if you wish.

Quote
Also, I've seen people on here mentioning submitted wedding plans and pictures of rings and dresses.  What about those who either want to plan the big wedding later, or do not have the necessary funds at the moment (or both!)?  Does that lessen the chance of getting a visa?

For the fiance visa, you need evidence that you're going to marry.  More important than pictures or receipts of dresses and rings are things like:  correspondence with a registry office or church, provisional booking date for the marriage, etc.   


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #8 on: August 18, 2014, 03:09:40 PM »
As others have laid out very helpfully, you have a few options. If, as it sounds like, you two are leaning towards a simple wedding now and planning a bigger celebration later, then you are probably right that marrying in the U.S. will be more straightforward.

If he visits you in the U.S. and you get married (check your state's requirements, if any), then you will be eligible to apply for the spouse visa from the U.S. The main advantage is that once approved for this visa, you can move to the UK and live a normal life, i.e., eligible to work, whereas under the terms of a fiancé visa you are not allowed to do anything but plan the wedding (and sightsee, should you have time or funds to do that). The second advantage is that it is one fewer visa to apply for, and hundreds of pounds less to pay in what is already a horrifically expensive process.

The only reason to get a fiancé visa and get hitched in the UK (as I did) is if you have compelling personal reasons to have the ceremony here and not in the U.S. I wouldn't otherwise recommend it.

It is a shame that our decisions about when and how to marry are tied to immigration requirements, and we cannot just follow our hearts in these matters, but this is a problem all international couples share.

Good luck whatever you decide.
7/2000 - Emigrated USA to Canada
4/2008 - Met British partner
9/2009 - Moved to UK on Proposed CP/Fiance visa
12/2009 - Civil partnership
3/2010 - FLR(M)
2012 (? it's all a blur, but "old rules") - ILR
9/2013 - Naturalised/Right of Abode
2/2017 - Cannot leave UK until Canadian passport returned by the Home Office!


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #9 on: August 19, 2014, 02:46:12 AM »
It does give you an advantage in that it means the potential UK employer does *not* have to pass the resident labour market test - in other words, the employer does not have to prove that no one in the UK and EU is qualified to do the job before offering sponsorship.  With that said though, there are still loads of people looking for employment and if a UK employer can hire someone qualified locally who doesn't need sponsorship, that's probably what the company will do.

Depending on what you're doing and how far along with your planning you are, it's possible. 

If you're looking into having a small registry wedding with a small number of guests, or just between you and your partner, it's totally feasible to get it all sorted in 6 months. 

If you're looking for a big wedding with loads of people attending from all over (and venue hire, music, catering, etc), then a bit more planning probably needs to be involved to get everything sorted. 

Switching to FLR(M) - the equivalent of a spouse visa - is essentially the same application as the fiance visa.  So everything you needed to submit for the fiance visa, you submit for FLR(M) and include your new marriage certificate. 

Additionally, FLR(M) doesn't need to be approved in those 6 months;  you just needed to have submitted an application in those 6 months.  So you would be fine to submit an application for FLR(M) after your marriage in the UK a few weeks before your fiance visa expires, and you can remain in the UK until you get a decision on your FLR(M).  Until that decision is reached, you remain tied to the rules of the fiance visa.  So, you could legally remain in the UK while they process FLR(M), but you wouldn't be able to work.  If you wanted a decision sooner, you could do an in-person appointment for a (usually) same day decision.  It costs extra, but depending on your circumstances, it may be worth it to be able to work sooner. 

The fiance and spouse visa are almost the same application.  The main difference is that for a fiance visa, you need evidence that you have been making plans to marry and for a spouse visa, you need your marriage certificate.  But the other requirements (ex. financial, housing, etc) are exactly the same for the two visas.  So in regards to applying for a spouse or fiance visa, one isn't easier than the other, nor will one be faster processed than the other.  It's really a matter of your personal preference and circumstances.

Yep.

Some helpful links are:

https://www.visa4uk.fco.gov.uk/
https://www.gov.uk/join-family-in-uk

Not official UKVI pages, but good examples of what you'll need to apply:

http://www.londonelegance.com/transpondia/family-visas/spousal-visa
http://www.londonelegance.com/transpondia/family-visas/fiance-visa

The paths are:

Fiance visa > FLR(M) > FLR(M) > ILR > Citizenship (optional)
Fiance visa = valid for 6 months
FLR(M) = valid for 30 months
ILR = indefinite leave to remain (permanent residence)

Spouse visa > FLR(M) > ILR > Citizenship (optional)
Spouse visa = valid for 33 months
FLR(M) = valid for 30 months
ILR = indefinite leave to remain (permanent residence)

Boiling it down, you qualify for ILR after 5 years of living in the UK and have to extend your visa until you reach the 5 year mark and can apply for ILR.  Once you have ILR, you can apply for citizenship if you wish.

For the fiance visa, you need evidence that you're going to marry.  More important than pictures or receipts of dresses and rings are things like:  correspondence with a registry office or church, provisional booking date for the marriage, etc.   

I cannot thank you enough for all of your help.  We talked about it again and it is decided that marrying in the States and then applying for a spousal visa is the route we are going to take.  I am so excited to finally have a clear head and a starting point.  This site has helped me understand my options tremendously, more than the gov't site has at all.  I am so thankful for you taking the time out to help me.  I can't promise I won't be bugging everyone when the process gets more real in the following months, but I am so happy I can start to plan things. 



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Re: I am an anxious mess and I haven't even started the process yet
« Reply #10 on: August 19, 2014, 02:51:14 AM »
As others have laid out very helpfully, you have a few options. If, as it sounds like, you two are leaning towards a simple wedding now and planning a bigger celebration later, then you are probably right that marrying in the U.S. will be more straightforward.

If he visits you in the U.S. and you get married (check your state's requirements, if any), then you will be eligible to apply for the spouse visa from the U.S. The main advantage is that once approved for this visa, you can move to the UK and live a normal life, i.e., eligible to work, whereas under the terms of a fiancé visa you are not allowed to do anything but plan the wedding (and sightsee, should you have time or funds to do that). The second advantage is that it is one fewer visa to apply for, and hundreds of pounds less to pay in what is already a horrifically expensive process.

The only reason to get a fiancé visa and get hitched in the UK (as I did) is if you have compelling personal reasons to have the ceremony here and not in the U.S. I wouldn't otherwise recommend it.

It is a shame that our decisions about when and how to marry are tied to immigration requirements, and we cannot just follow our hearts in these matters, but this is a problem all international couples share.

Good luck whatever you decide.

Thank you for your reply! It's nice to talk to people who have gone through this brutal process.  We have talked about this a lot more over the weekend, and we have decided to get married when he visits near the end of the year.  The spousal visa option is so much easier on us and I feel that it is the best option we have.

We are definitely going to keep it a small, like backyard shindig and make a party out of it and save the big thing for later.  I am just so excited to finally feel like I am making progress on this.  I am so ready to be over there and to start my life and to be with him, finally. 

And it is really a shame. I have cried a lot over this decision.  Of course you see yourself marrying this person in the future, but it feels so rushed and not exactly what I wanted.  I've finally come to terms with it all and I know it will all work out in the end. 

Thank you again.  I'm sure I'll continue to post on here as things happen!


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Re: I am an anxious mess and I haven't even started the process yet
« Reply #11 on: August 19, 2014, 10:52:30 AM »
Feel free to ask more questions as you go through. Many people here can help with detailed information. I wish I had known about this forum when I went through my own visa applications--not to mention the move and everything else.
7/2000 - Emigrated USA to Canada
4/2008 - Met British partner
9/2009 - Moved to UK on Proposed CP/Fiance visa
12/2009 - Civil partnership
3/2010 - FLR(M)
2012 (? it's all a blur, but "old rules") - ILR
9/2013 - Naturalised/Right of Abode
2/2017 - Cannot leave UK until Canadian passport returned by the Home Office!


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