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.
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.
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.
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.
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-ukNot official UKVI pages, but good examples of what you'll need to apply:
http://www.londonelegance.com/transpondia/family-visas/spousal-visahttp://www.londonelegance.com/transpondia/family-visas/fiance-visaThe 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.
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.