Author Topic: Moving to UK-Applying for settlement within the UK  (Read 325 times)

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Offline lukemacd

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Moving to UK-Applying for settlement within the UK
« on: February 14, 2018, 12:25:35 AM »
I am a US citizen marrying a UK citizen. We intend to move to the UK. We are getting married by the court around March 26 so that I can change my name before we leave in late June.

Because the visa process would be cutting it very close to apply from outside the UK before we leave, we are now forming another plan.

Would I be able to enter the country as his spouse on a visitors visa and then apply from within the UK for a family of a settled persons visa? We could expedite the application if need be since I would only have 6 months until the visitor visa ran out. This way, my name gets to be changed and we get to stay together throughout the entire process. Are there any stipulations saying I cannot enter on a visitors visa then apply to settle?

Offline simple

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Re: Moving to UK-Applying for settlement within the UK
« Reply #1 on: February 14, 2018, 12:46:49 AM »
Here is a good place to start your journey. Home work if you will?

 https://www.gov.uk/uk-family-visa/partner-spouse

Offline historyenne

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Re: Moving to UK-Applying for settlement within the UK
« Reply #2 on: February 14, 2018, 12:49:12 AM »
Are there any stipulations saying I cannot enter on a visitors visa then apply to settle?

Yes. This is strictly and explicitly prohibited, and would result in an automatic refusal. You have to apply from outside the UK, there's no other way.

Quote
You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

- you have permission to be in the UK as a visitor
- your visa is for 6 months or less

From https://www.gov.uk/uk-family-visa -- scroll down to "When you can't get a family visa"

Unfortunately, for most people it's unavoidable to have a brief separation between the wedding and the visa being granted. It's no fun, but once it's over you never have to be apart again :)
« Last Edit: February 14, 2018, 12:52:01 AM by historyenne »
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Offline ksand24

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Re: Moving to UK-Applying for settlement within the UK
« Reply #3 on: February 14, 2018, 12:52:52 AM »
You cannot apply from inside the UK if you have a visitor visa.

It is illegal to switch from a visitor visa to any other kind of visa from inside the UK, and if you try it, it will be an automatic visa refusal.

You must apply from outside the UK, in a country where you are either a citizen or legally resident.

From the Overview page of the spousal visa link:

When you can’t get a family visa
In some circumstances you can’t apply for, or switch to, a family visa.
.
.
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You have a visitor visa or a visa for 6 months or less
You’ll usually need to leave the UK to apply for a family visa if either:

- you have permission to be in the UK as a visitor
- your visa is for 6 months or less

However, you might be able to switch to a family visa in the UK if you have either:

-a 6-month family visa as a fiancé, fiancée or proposed civil partner
- permission to stay in the UK for the outcome of a family court case or divorce



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Offline lukemacd

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Re: Moving to UK-Applying for settlement within the UK
« Reply #4 on: February 14, 2018, 01:21:02 AM »
If I have to apply from outside the UK can I still travel to my honeymoon destination in the Caribbean if my visa approval hasn’t come back yet?

Offline ksand24

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Re: Moving to UK-Applying for settlement within the UK
« Reply #5 on: February 14, 2018, 05:33:24 AM »
I just answered this in the other topic you posted, but no... because you have to mail your passport to the U.K. with your visa application.

So you won’t be able to travel anywhere while it is being processed.

You would likely need to go on your honeymoon first, and then apply for the visa after you got back

Also, it’s not an ‘if’ - you have no choice, you MUST apply for the visa outside the U.K., from the country where you are legally resident... which for you will be the US.


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Offline lukemacd

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Re: Moving to UK-Applying for settlement within the UK
« Reply #6 on: February 14, 2018, 09:22:22 AM »
Thanks for your help, and apologies if there is any similarities/overlaps in questions as I have also shared my account with my fiancé (American) and we have just recently realised the seemingly minimal amount of time available to go through the name changing process on her documents to then apply for the visa, all of which in 2 months or so  :(

From my understanding and through discussions with a friend of mine in a similar process, we have two options:

a) Pursue with the name change before the visa application is sent and accept we may spend some time apart after the wedding in mid June, and also will not be able to go on our honeymoon abroad (all assuming the visa doesn't get approved in time - also I haven't yet paid for the honeymoon in full FYI)

b) Ignore the name change before and send the visa away without it, allowing for 2.5months till the wedding, with the priority service, which I would assume would likely come through going by the average times on this forum. This would mean there is a better chance we can get away for honeymoon and not spend any time apart, and probably remains the less stressful option.

Couple questions regarding the second option if we were to go down the route, hoping someone can help:

- I assume you receive your passport back with the visa acceptance and don't have to wait any extra time for that?

- Given we ultimately desire to change her name eventually, can this be done from the UK despite the visa being in her old name? or would we have to wait till the end of the settlement visa (I believe it is 2.5 years before reapplying) to then request it so that the new visa would have the new name?

Hope someone can help or has been in a similar situation themselves. What does everyone else seem to do regarding the awkward nature of changing the name on all their documents??

Thanks!

Online KFdancer

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Re: Moving to UK-Applying for settlement within the UK
« Reply #7 on: February 14, 2018, 09:30:28 AM »
If she wants to change her name - it's best to do that before she starts the visa process.  Otherwise things get tricky with timing and long wait times in the UK.  I'd bite the bullet and do it now.  From inside the US, she should be able to pay for an expedited service so that it won't take too long.

I personally wouldn't recommend booking the honeymoon until AFTER she receives her visa.  Or I'd stay in the USA for the honeymoon (Florida Keys or Hawaii would be fabulous and don't require a passport).  As you enter the spring and summer months, processing times for visas will slow RIGHT down.  Even with priority. 

Or just be more flexible with your dates.  This would be the easiest. 

Basically, international relationships get the romance sucked right out of them when it comes to weddings and visas.   :-\\\\  It's impossible to book the "traditional" stuff.

My husband and I eloped and went on a honeymoon six months later.  I am not out of the ordinary here.  (and we were both living and working in the UK at the time)

Offline lukemacd

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Re: Moving to UK-Applying for settlement within the UK
« Reply #8 on: February 14, 2018, 09:43:16 AM »
Thanks for your reply. Are you able to give any more details as to why it is more tricky with timing etc? or do you know if it can even be done in the UK at all before reapplying after the settlement one runs out?

Yeah I am aware the times may likely slow right down, only issue with the name change is that she cant obviously do that without the marriage certificate I am assuming? And the only time I can travel over there is the end of March when we are getting that.

Interesting point about Hawaii and no passport, worth looking into!

Online KFdancer

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Re: Moving to UK-Applying for settlement within the UK
« Reply #9 on: February 14, 2018, 09:52:37 AM »
To change her name from the UK:

Option 1 (easiest):  She'll need to change her name within 90 days of the renewal after 2.5 years or at 5 years.  It'll take a month to change with the US embassy from inside the UK - no way to expedite.  She won't be able to travel between the name change and the renewal getting approved.  All travel will need to be booked in maiden name (no big deal but people forget and end up having to pay for a new ticket).

Option 2 (harder):  She can change her name at any time, not just before the renewal.  Again, the US passport will take a month through the US embassy.  After she receives the passport back, she can mail in the name change with UKVI.  It costs about £300 and takes six months to process.  There is an option to do a same day application with UKVI for an additional £590 (current price, goes up each April).

Yes, she will need the marriage certificate for the name change.  That shouldn't be a big deal.  You'll likely get that on the day you marry.  :)

Offline lukemacd

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Re: Moving to UK-Applying for settlement within the UK
« Reply #10 on: February 14, 2018, 10:21:47 AM »
Thanks for that info, just wondering if you can share a link of where to find that?  :)

Appreciate the advice, afraid its looking likely we should go with the name change beforehand and bite the bullet if the application takes more than 2 months from end of mid April to mid June. The joys of the international relationship!

Another quick one, anything she could do just now to make the name changing process quicker and any idea how long that can take?

Online KFdancer

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Re: Moving to UK-Applying for settlement within the UK
« Reply #11 on: February 14, 2018, 10:33:54 AM »
A link for which part?

The name change is very simple.  She just needs to submit a passport renewal with her marriage certificate and the renewal completed with her new name.  Only thing she can look at now is if she can apply at an office in person for same day name change (if she is near one of the main passport processing offices) or if she wants to do expedited service.

It's the UKVI stuff that's tricky.  EVERYTHING is easier in the USA.   ;)

Offline Beatlemania

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Re: Moving to UK-Applying for settlement within the UK
« Reply #12 on: February 14, 2018, 10:56:25 AM »
She will also want to change her name on her Social Security Card before submitting taxes. How easy this is depends on where you live but I just rocked up to the office, waited in line for a bit, presented my old Social Security card, showed my marriage certificate, and they mailed me a new card. I did that before sending off my passport.
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Offline lukemacd

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Re: Moving to UK-Applying for settlement within the UK
« Reply #13 on: February 14, 2018, 03:09:28 PM »
To change her name from the UK:

Option 1 (easiest):  She'll need to change her name within 90 days of the renewal after 2.5 years or at 5 years.  It'll take a month to change with the US embassy from inside the UK - no way to expedite.  She won't be able to travel between the name change and the renewal getting approved.  All travel will need to be booked in maiden name (no big deal but people forget and end up having to pay for a new ticket).

Option 2 (harder):  She can change her name at any time, not just before the renewal.  Again, the US passport will take a month through the US embassy.  After she receives the passport back, she can mail in the name change with UKVI.  It costs about £300 and takes six months to process.  There is an option to do a same day application with UKVI for an additional £590 (current price, goes up each April).


A link for this information?

Thanks for the help though  :) So social security, passport, is there anything else we will need to consider for the visa application that may be affected by the different name?

Online KFdancer

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Re: Moving to UK-Applying for settlement within the UK
« Reply #14 on: February 14, 2018, 03:20:06 PM »
A link for this information?

Thanks for the help though  :) So social security, passport, is there anything else we will need to consider for the visa application that may be affected by the different name?

I put all that together based on what I know having done this myself and having been a member here for years.  It's a lot of different links and bits and pieces to put the full puzzle together.  Happy to link for a specific bit but I'll be here all day if I link to each piece.  ;)

Passport is all she needs to do before the visa application (if she decides to change her name now).  Social security can easily be done from inside the UK after she's settled.