Dipping the foot into the water (marriage VISA).

Hello

This is my first post here.

I am a born UK London citizen who met a LA girl (US citizen) 15 years ago in the UK, she was working in London for a year at the time as a school teacher and we spent a lot of time together during this period. Ever since then we've been travelling backwards and forwards every year or so when we haven't been working (summers and Christmas holidays etc). We've also been living together for periods of time (sometimes 3 months, sometimes just a few weeks at time), and have rung each other almost every other day when apart, and she's also due to fly over here (UK) in about 3 weeks.

We have finally decided to get married and she want to settle in the UK, but we haven't got much of a clue how to do this. She's probably going to want to work over here (London) in the fullness of time as well.

Can I ask some rather obvious questions.

1) What VISA/s should she apply for?
2) What are the timescales involved?
3) Should we get a UK lawyer involved?
4) What are our chances? I understand the rules changed in November in the UK.
5) Any tips? Anything else we should know about, any other questions I should be asking?

I have found a couple of links, are they valid in this situation?

https://www.gov.uk/marriages-civil-partnerships/foreign-national [nofollow]
https://www.gov.uk/join-family-in-uk/eligibility [nofollow]

I very much appreciate your help!!!

Thanks...

It's easiest to marry in the US first, and then apply directly for a spousal visa.  A spouse visa will allow her to work and use the NHS from Day 1.

If you marry in the UK, you'll need to first apply for a fiancé visa which is valid for six months.  You marry in this time, and then have to complete a second visa (high cost).  During those six months, she cannot work, volunteer, or use the NHS.  This is why most people opt to marry in the US first.

As long as you've been earning over £18,600/year for at least six months you can sponsor her (and assuming you have somewhere for her to live).

It's a very straight forward visa and absolutely no need for a lawyer (unless she has a serious criminal conviction or a previous overstay of a visa).

The rules change ALL THE TIME, but for the most part it's just really high fee increases.  Plan on her full path of visas in the UK costing around £10k over the next five years.  There are unlikely to be any earth shattering changes in the next year or so.

Ask all the questions you want.  There are three components to the visa:  financial, accommodation, and relationship.  Tick those boxes and she's in!

It's easiest to marry in the US first, and then apply directly for a spousal visa.  A spouse visa will allow her to work and use the NHS from Day 1.

If you marry in the UK, you'll need to first apply for a fiancé visa which is valid for six months.  You marry in this time, and then have to complete a second visa (high cost).  During those six months, she cannot work, volunteer, or use the NHS.  This is why most people opt to marry in the US first.

As long as you've been earning over £18,600/year for at least six months you can sponsor her (and assuming you have somewhere for her to live).

It's a very straight forward visa and absolutely no need for a lawyer (unless she has a serious criminal conviction or a previous overstay of a visa).

The rules change ALL THE TIME, but for the most part it's just really high fee increases.  Plan on her full path of visas in the UK costing around £10k over the next five years.  There are unlikely to be any earth shattering changes in the next year or so.

Ask all the questions you want.  There are three components to the visa:  financial, accommodation, and relationship.  Tick those boxes and she's in!

Thankyou very much for the response!

However this bit tricky...

As long as you've been earning over £18,600/year for at least six months you can sponsor her (and assuming you have somewhere for her to live).

I own a house and have just fully paid off the mortgage 
However income is a problem here 

Owning your own home meets the accommodation requirement but won't help you meet the financial requirement unless you sell. 

There are a few other ways to meet the fnancial requirement.  Do you and/or your partner have savings of at least £62,500 that you've held for at least 6 months.

If you don't meet the financial requirement, you will not be successful.

FM 1.7 which outlines the options for meeting the financial requirement:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Have a look at the links Anonymiss provided (did you have to change your screen name to numbers?   )  See if you meet the requirements using any of those other categories.  The financial category is king.  The UK is all about money, money, money when it comes to immigration!

Thanks very much guys...

I read through the PDF you supplied and it looks like we could meet the savings requirement for her to enter UK.  I assume we will probably need a joint bank account or something.

If she does come to the UK to get married, what's the major disadvantage to this compared to the other way around (getting married in the US)? Also if I go to the US and get married I will probably have to stay there for quite some time and won't be able to work for a considerable period (just like my partner would have to do if it was the other way around).

I presume I will probably need to find another forum to discuss getting married in the US (the full ins and outs) as presumably it's off topic, and of course I will need to read up on it more.

Very much appreciate your advise...!

Savings doesn't need to be joint.  Just in one of your names (or a combination of individual accounts).  As long as you have held £62,500 in savings over the last 6 months (combined), then you meet the requirement.   

Marriage is talked about all the time here!

If she comes to the UK to marry, you first have to apply for the fiancé visa.  Once that is granted, she can move to the UK.  After she arrives, she needs to get her name on a piece of mail at your address.  Once that arrives (usually takes a bit of time to make that happen), you can give notice at one of the registry offices that accepts foreign nationals (again, usually a wait for an appointment).  After you give notice, your case will be referred to the Home Office for approval.  This has a minimum wait of 28 days, maximum wait of 70 days (though as you will already have the fiancé visa, this shouldn't exceed 28 days).  At the end of that period, you can marry!  Then once you are married, she will need to complete another visa application called FLR(M) to be allowed to remain in the UK.  She has six months from the time the fiancé visa is issued to apply for FLR(M).  During this time, she cannot work, volunteer, or use the NHS for no cost.  So she'll need to hold good medical insurance in case she needs treatment in the UK.  If she does need treatment, she needs to get a copy of the bill and proof of payment for the FLR(M) application.  An unpaid NHS bill of £500 or more is an automatic visa refusal.

Whereas if you marry in the US, she can work, volunteer, and use the NHS from day 1 after arriving in the UK.

My husband and I married in the US, as it was so much easier than marrying in the UK.  Even though I was living in and working in the UK at the time we met (I'm a US citizen, he's a UK citizen).  We flew to NYC on a Wednesday, married on Friday, and flew back to the UK on Sunday.

Marrying in the US will have different requirements depending on the county you marry in a particular state.  Usually the longest you would have to wait would be 3 days.  There are NO visas to apply for (you would travel on an ESTA as normal, assuming you are eligible).  Low cost and no waits.  I can't imagine you would need to take more than a week off of work.  Whereas if she comes to the UK on a the fiancé visa, she will be out of work for many, many months.  Not to mention most people get VERY bored on the fiancé visa.  Not being able to even volunteer really limits options while waiting to get married.

Marrying in the US is the most common option.  But many choose to marry in the UK depending on their personal situation.  There is no right or wrong way.  Just less cumbersome and one less visa fee if marrying in the US.  Do what is right for you two!

Savings doesn't need to be joint.  Just in one of your names (or a combination of individual accounts).  As long as you have held £62,500 in savings over the last 6 months (combined), then you meet the requirement.   

Marriage is talked about all the time here!

If she comes to the UK to marry, you first have to apply for the fiancé visa.  Once that is granted, she can move to the UK.  After she arrives, she needs to get her name on a piece of mail at your address.  Once that arrives (usually takes a bit of time to make that happen), you can give notice at one of the registry offices that accepts foreign nationals (again, usually a wait for an appointment).  After you give notice, your case will be referred to the Home Office for approval.  This has a minimum wait of 28 days, maximum wait of 70 days (though as you will already have the fiancé visa, this shouldn't exceed 28 days).  At the end of that period, you can marry!  Then once you are married, she will need to complete another visa application called FLR(M) to be allowed to remain in the UK.  She has six months from the time the fiancé visa is issued to apply for FLR(M).  During this time, she cannot work, volunteer, or use the NHS for no cost.  So she'll need to hold good medical insurance in case she needs treatment in the UK.  If she does need treatment, she needs to get a copy of the bill and proof of payment for the FLR(M) application.  An unpaid NHS bill of £500 or more is an automatic visa refusal.

Whereas if you marry in the US, she can work, volunteer, and use the NHS from day 1 after arriving in the UK.

My husband and I married in the US, as it was so much easier than marrying in the UK.  Even though I was living in and working in the UK at the time we met (I'm a US citizen, he's a UK citizen).  We flew to NYC on a Wednesday, married on Friday, and flew back to the UK on Sunday.

Marrying in the US will have different requirements depending on the county you marry in a particular state.  Usually the longest you would have to wait would be 3 days.  There are NO visas to apply for (you would travel on an ESTA as normal, assuming you are eligible).  Low cost and no waits.  I can't imagine you would need to take more than a week off of work.  Whereas if she comes to the UK on a the fiancé visa, she will be out of work for many, many months.  Not to mention most people get VERY bored on the fiancé visa.  Not being able to even volunteer really limits options while waiting to get married.

Marrying in the US is the most common option.  But many choose to marry in the UK depending on their personal situation.  There is no right or wrong way.  Just less cumbersome and one less visa fee if marrying in the US.  Do what is right for you two!

Thanks for this.
If we decide to get married in the states, and my new American wife comes back to the UK wouldn't she run into the following problems?

* She does not work in the UK
* She hasn't a VISA to stay in the UK for no longer than 6 months (assuming she applies for two visitor visas).

So she would seriously get NHS and not get kicked out?
And what if she wants only wants permanent residency rather than becoming a UK citizen.

thanks everybody for your help...

If you marry in the US, she would apply for a spouse visa from the US before traveling to the U.K.   

She doesn't have to become a citizen.  She can spend 5 years in the U.K. and obtain indefinite leave to remain.  Just means if she left the UK for two years, you would have to start the visa process over.  And also keeping up with some changes here and there to immigration policy.  A lot of people are happy with ILR and have no plans for citizenship.

If you marry in the US, she would apply for a spouse visa from the US before traveling to the U.K.   

She doesn't have to become a citizen.  She can spend 5 years in the U.K. and obtain indefinite leave to remain.  Just means if she left the UK for two years, you would have to start the visa process over.  And also keeping up with some changes here and there to immigration policy.  A lot of people are happy with ILR and have no plans for citizenship.

Understood, you are talking about a UK spouse visa I assume.

Are you saying a spouse visa automatically grants her to stay in the UK for 5 years because we don't see that on gov.uk website?

The only way to live in the UK for two years is to be granted a work visa apparently.

Many apologies we are probably missing something, we just want to make absolutely sure.
Again really appreciate your advise.

She would apply to 'join family settled in the U.K.'.  She would be on that visa for 2.5 years.  She would then renew for another 2.5 years.  Then she would apply for ILR.

It's a long and expensive process.  But easier and cheaper than the fiancé path.

Understood, you are talking about a UK spouse visa I assume.

Are you saying a spouse visa automatically grants her to stay in the UK for 5 years because we don't see that on gov.uk website?

The only way to live in the UK for two years is to be granted a work visa apparently.

See here: https://www.gov.uk/join-family-in-uk/overview

The spousal visa:
- costs £1,195 + a mandatory £600 NHS surcharge (to give her 'free' use of the NHS)
- is valid for 33 months
- allows her to work, study and use the NHS immediately upon arrival
- unlike with a work visa, there are no restrictions on employment, so she can work in whatever job she likes (as long as she qualifies for it) and should be given the same consideration for jobs as UK citizens (i.e. does not need sponsorship by a company for a visa)

Then when she has been in the UK for 30 months (2.5 years), she applies to extend the visa for another 30 months (2.5 years) - this visa is called FLR(M).
See: https://www.gov.uk/remain-in-uk-family

When she has been in the UK for 60 months (5 years) on the spousal visa, followed by the FLR(M) visa, she can apply for ILR (permanent residency).
See: https://www.gov.uk/settle-in-the-uk

After she has ILR, she can choose whether to apply for UK citizenship or not:
https://www.gov.uk/becoming-a-british-citizen

Also if I go to the US and get married I will probably have to stay there for quite some time and won't be able to work for a considerable period

Is there a reason you would have to go to the US for a long time to get married?  My husband came for three weeks for our wedding: one week before, one week honeymoon, and then the week after that was Thanksgiving so he stayed for that holiday and went home after.  He just scheduled three of the four vacation weeks he gets each year to be then.  (And we scheduled our wedding for a time that we knew his job wasn't busy.)

Questions on the process for spouses of UK citizens comes up a lot on here, so I made a flowchart on my blog to help visualise it:
https://kneadtowander.com/uk-visas/

Everything you've been told here is correct, but sometimes it helps to see it laid out.

I'd say that the choice of whether to get married in the US or the UK is a preference - if you'd rather be married in the US, do that; if you'd rather be married in the UK, it's a longer process, but you can make it happen. If you're not bothered, a US wedding is significantly easier, but not necessarily cheaper. Yes, there's one less visa to apply for, but there's an additional flight for the UKC to the US (plus time off work and other travel expenses).

There's no right or wrong choice, just a few things to take into consideration.

We decided to get married in the UK and go the fiance visa route and I don't regret it one bit. We did have to keep on top of the requirements for getting married in the UK, but it got me to the UK sooner and since I wasn't working in the US, we weren't missing out on income. I spent the time preparing for my UK driving licence test, Life in the UK test and exploring (we were living in London, so there was a lot to explore).

Whichever way you choose, you'll get plenty of help here!

Isn't the Life In the U.K. test for Indefinite Leave To Remain visas or citizenship? I didn't think it was for fiancé or spouse visas.

Thank for for any clarification!


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