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Topic: UK student, fiance is in USA  (Read 836 times)

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UK student, fiance is in USA
« on: January 23, 2013, 07:08:47 PM »
1) I am doing my master's in England right now (US citizen). Fiance and I are planning a wedding in Mexico (he is a citizen there but has permanent residence in US) for this December (2013). Most likely I will stay on to do my PhD in England, so I will still be living here. If we are married in Mexico does he have to return to the USA to apply for a spouse visa or would he stay in his home country to do that?

2) I have seen several threads say that he would be able to work on a spouse visa (please correct if I'm wrong). What about if he has a fiance visa (he's thinking of coming in August)? What can you "do" with a fiance visa vs. a visitors visa?

3) Is it necessary for him to come here on a fiance visa prior to coming as a spouse?
« Last Edit: January 23, 2013, 07:11:04 PM by antcant01 »


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Re: UK student, fiance is in USA
« Reply #1 on: January 23, 2013, 07:10:09 PM »
What's your nationality?
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: UK student, fiance is in USA
« Reply #2 on: January 23, 2013, 07:11:19 PM »
US


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Re: UK student, fiance is in USA
« Reply #3 on: January 23, 2013, 07:15:31 PM »
I don't think you can sponsor him for a fiance or spousal visa as you yourself do not have permanent residence/citizenship.  See below for rules on bringing a dependent over:

From 4 July 2011, you cannot bring your dependants to the UK unless you are:

  • sponsored by a higher education institution on a course at NQF level 7 or above which lasts 12 months or more; or
  • a new government-sponsored student following a course which lasts longer than 6 months.

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/family/


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Re: UK student, fiance is in USA
« Reply #4 on: January 23, 2013, 07:18:30 PM »
Yep, you'll need to get him a Tier 4 dependant visa.  Spouse and fiance visas are only for UK citizens or permanent residents. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: UK student, fiance is in USA
« Reply #5 on: January 23, 2013, 07:23:06 PM »
Ah okay, and I'm betting he can't work on that?


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Re: UK student, fiance is in USA
« Reply #6 on: January 23, 2013, 07:25:23 PM »
Ah okay, and I'm betting he can't work on that?

Actually, I think he can, with a few minor restrictions.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: UK student, fiance is in USA
« Reply #7 on: January 23, 2013, 07:26:17 PM »
Ok I will look into that more. Thanks!


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Re: UK student, fiance is in USA
« Reply #8 on: January 23, 2013, 08:10:17 PM »
Yes, he can work on a Tier 4 Dependent visa - I believe he can take any job he qualifies for (unless it's a job that requires him to be a UK citizen or permanent resident, such as certain government positions), and I'm pretty sure he can work as many hours as he likes.


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