Author Topic: Fiance visa help please!  (Read 402 times)

0 Members and 1 Guest are viewing this topic.

Offline Sirius

  • *
  • Posts: 1575
  • Joined: Sep 2014
  • Liked: 116
Re: Fiance visa help please!
« Reply #15 on: January 18, 2017, 01:54:05 PM »
Sirius, he doesn't qualify for the U.K. route as he's not a citizen. 

Irish citizens are not seen as "foreign" under UK immigration law. They are viewed as being "settled" when they reside in the UK. Someone on ILR is viewed as being "settled" and they use UK immigration laws to bring a spouse. I assumed it was the same for Irish citizens as it is for Brits and those on ILR, that they can use UK immigration law?
« Last Edit: January 18, 2017, 02:02:07 PM by Sirius »

Offline KFdancer

  • *
  • Posts: 6762
  • Joined: Jun 2012
  • Liked: 682
Re: Fiance visa help please!
« Reply #16 on: January 18, 2017, 02:01:23 PM »
I'm not sure it works that way.

But honestly - who in their right mind would apply for the outrageously expensive, cumbersome UK fiancé/spousal path if they qualify for the EEA route?  Brexit or no Brexit.  No need to worry about "what ifs" until we know what we are dealing with.  I imagine they could switch paths down the road if they were concerned.

Offline Sirius

  • *
  • Posts: 1575
  • Joined: Sep 2014
  • Liked: 116
Re: Fiance visa help please!
« Reply #17 on: January 18, 2017, 02:05:22 PM »

But honestly - who in their right mind would apply for the outrageously expensive, cumbersome UK fiancé/spousal path if they qualify for the EEA route?  Brexit or no Brexit.  No need to worry about "what ifs" until we know what we are dealing with.  I imagine they could switch paths down the road if they were concerned.

I think the opposite :) that you would have to be a risk taker to use the ever changing EU rules when you could sponsor on an UK "visa".

EU law will end on a Brexit and they need at least 5 years of EU laws. I would choose the safe option of a UK family visa and begger the cost of those visas.

In addition to Brexit, the OP would only need to lose his job and struggle to find another and they are then in all sorts of problems with free movement. If he stops being a qualified person, then his spouse has lose his "right to reside" in the UK.

EEA citizens and their families can lose their right to reside at any time. RCs becomes invalid, regardless of what the end date says. An RC is given in expection that the EEA citizen will contiue to be a qualified person at all times.

Those on UK "visas" only have to meet the requirements when they apply for another visa. Their visa is good to go, right up to the end date. On the second visa, the visa holders earnings can be used to meet the requirements for the next visa.
« Last Edit: January 18, 2017, 02:32:08 PM by Sirius »

Offline KFdancer

  • *
  • Posts: 6762
  • Joined: Jun 2012
  • Liked: 682
Re: Fiance visa help please!
« Reply #18 on: January 18, 2017, 02:30:11 PM »
See, I wouldn't (choose the UK path).  This is assuming finberries has the ability to sponsor a UK visa, which I don't believe he has.

If my husband was EU and not UK, we'd have saved a boat load of fees.  If things in the UK didn't work out, we could always return to his home country or my home country.

It's not that hard to remain a qualified person as an EU citizen.  As long as you know what is expected and are informed, I can't imagine it is a likely problem.  Especially if finberries has a stable job, UK experience, qualified, etc.

Finberries, I've lived in the UK over 6 years.  I'll finally qualify for indefinite leave to remain and citizenship at the end of this year.  My husband and I expect to pay in the neighbourhood of £5,000 for these two applications.  YOU DO NOT WANT THE UK ROUTE!   ;D

Offline finberries

  • *
  • Posts: 11
  • Joined: Jan 2017
  • Liked: 1
Re: Fiance visa help please!
« Reply #19 on: January 18, 2017, 02:38:54 PM »
Correct.  Unless you decide to apply for UK citizenship, the EEA route is your only option.  This is NOT a bad thing.  Most of us would KILL to have this option!!  Yes, Brexit leaves a bit of uncertainty.  But I'd cross that bridge when you get there.

You would need to be married.  To qualify as an unmarried partner, you would need to be living in a relationship "akin to marriage" for the past two years.  To do this, one of you would have needed to have a visa to live in the other's country or have lived together in a third country.  Someone correct me if I'm mistaken and the same rule is not used for EEA permits.

Don't let the vague language worry you.  You've been living and working in the UK, meaning you are qualified to bring a partner over.

If it was me:

I'd marry when you are in DC, take the paperwork necessary for your partner's application with you.  After you are married, apply for the EEA family permit.  It may be that you return to the UK for a few weeks without him.  Once he's in the UK, apply for the EEA resident permit.  And enjoy life!

Getting married in the UK is a big ole pavlava.  Getting married in the US is a piece of cake.  Even though my now-husband and I were both living and working in the UK (living together), we married in the US as the rules to marry in the UK were just sucking any and all romance out of the union.

And most of us can sympathize with "having" to get married.  It's hard.  Marriage isn't necessarily the union it once was.  Yet, for governments, they still want that piece of paper. 

I was nervous to marry.  I have been burned in relationships in the past and didn't want to "go there."  I hated that we were pushed into it with the government.  But nearly five years on and I'm glad we had the push.  Not sure we'd even be married now if we hadn't had the push.  He's stellar and I just have to trust that he is as committed as I am.  Hard to do when you've been wrong before though.

Thank you for this information and telling me your story. :)

Offline finberries

  • *
  • Posts: 11
  • Joined: Jan 2017
  • Liked: 1
Re: Fiance visa help please!
« Reply #20 on: January 18, 2017, 02:39:36 PM »
Are you British too? Born in NI?

Me born in Republic of Ireland and resident in UK since 2005- him USA

Offline finberries

  • *
  • Posts: 11
  • Joined: Jan 2017
  • Liked: 1
Re: Fiance visa help please!
« Reply #21 on: January 18, 2017, 02:41:46 PM »
See, I wouldn't (choose the UK path).  This is assuming finberries has the ability to sponsor a UK visa, which I don't believe he has.

If my husband was EU and not UK, we'd have saved a boat load of fees.  If things in the UK didn't work out, we could always return to his home country or my home country.

It's not that hard to remain a qualified person as an EU citizen.  As long as you know what is expected and are informed, I can't imagine it is a likely problem.  Especially if finberries has a stable job, UK experience, qualified, etc.

Finberries, I've lived in the UK over 6 years.  I'll finally qualify for indefinite leave to remain and citizenship at the end of this year.  My husband and I expect to pay in the neighbourhood of £5,000 for these two applications.  YOU DO NOT WANT THE UK ROUTE!   ;D

Thanks for that info - I have a very stable job at £40K+ a year so I dont think that would be a problem