Welcome to the forum
We feel the unmarried/partner visa is easiest for us, as we have proof of living together for nearly 4 years. However also considering marriage if it makes the process easier / simpler.
As you have been living together in the US for 4 years, there is no need to get married unless you particularly want to.
- For the Unmarried Partner visa you have to provide evidence of living together in the US for the 24 months immediately before applying for the visa, such as rental agreements or mortgage statements, utility bills, bank statements etc. for each month.
- If you are married, there is no requirement to have lived together, but you still need to show evidence of the entire length of your relationship, including the 4 years of living together
1. Once the application is approved, how is it verified (email or post) and is there a certain time window we would need to be in the UK by? (we have read within 30days from approval).
You have 30 days from the start date printed on her visa sticker to enter the UK.
When you apply for the visa, you upload your supporting documents to the VFS Global website and then mail her passport to New York for processing.
Once the visa has been approved, which can take up to 6 months at the moment, they will put the 30-day visa sticker in her passport and mail it back to you.
2. Is the unmarried and married visa application / process the same? On the UK Gov website it seems like it is same application form and response times.
Yep, it’s exactly the same. You just select the relevant visa type on the online application.
3. Do we need to apply for the visa here in the US? It seems we cannot apply for the visa once in the UK, unless my girlfriend has a approved visa over 6 months duration (not sure how we would get this anyway).
Yes, it must be applied for from the country where she is legally resident. She does not currently live in the U.K. on a different visa so she cannot apply from the U.K.
4. Is it possible to obtain a fiancé visa, then once in the UK to transfer over to a partner visa?
No need to do that since you already qualify for a partner visa without needing to get a fiancé visa first.
If you do want to get married It’s much cheaper, quicker and easier to marry in the US and apply directly for a spousal visa from the US. Doing a fiancé visa first will mean an extra £1000 in visa fees, an extra visa application, plus she cannot work in the U.K. on a fiancé visa and will not be eligible for free NHS treatment either.
5. Will my girlfriend need to send her physical passport with the original application? If not, will they require this to be sent during any other step of the process? Asking this question because we wish to take time off and travel internationally whilst the application is in process.
Yes, her passport will need to be mailed to New York for processing.
There is a normally Settlement Premium Service where she could keep her passport, but it costs an extra £1200 to do so and it doesn’t get the visa processed any faster.
However, I believe this service is currently suspended due to focusing on Ukraine applications.
6. Is the current approval timeline 12 weeks or 24 weeks? It would be great if anyone has recent timeline experience here to share seeing as the expedited service is understandably being used to assist the Ukraine refugees.
Applicants have been informed in the last few days that the standard processing time has been extended from 12 weeks to 24 weeks due to the increase in applications from Ukraine. Also, the priority processing service (giving faster processing) has been suspended because of this too.
7. Once approved, will she be able to work in the UK right away or are there any further steps to obtain a work permit?
Yes, as long as she has either an Unmarried Partner visa or a Spousal visa, she will have an unrestricted right to work from day 1.
If she has a fiancé visa, she cannot work until you are married and she has switched to the FLR spousal visa.
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