Visiting UK while Application is pending

Hi All,

I have a pending UK fiancé visa application with the Home Office. Is it possible to travel to the UK and stay there as a visitor while the application is being processed? Or would that cause problems with the pending application? I already had my biometric appointment last month. I’d like to add that my job enables me to work remotely from anywhere and I have a stable income so I don’t believe I have any problems meeting the entry conditions as a visitor.

I’m not sure if fiancé visas are treated the same way as spouse visas, in terms of processing time. The UK government website doesn’t make any distinction between the two. The current processing time for spouse visa applications is 12 weeks. I’m also pretty sure there will be more delays in processing the applications due to Covid.

Thanks,

Hi All,

I have a pending UK fiancé visa application with the Home Office. Is it possible to travel to the UK and stay there as a visitor while the application is being processed? Or would that cause problems with the pending application? I already had my biometric appointment last month. I’d like to add that my job enables me to work remotely from anywhere and I have a stable income so I don’t believe I have any problems meeting the entry conditions as a visitor.

You can't work in the UK (even remotely) as a visitor, nor on a fianace visa.

Hi All,

I have a pending UK fiancé visa application with the Home Office. Is it possible to travel to the UK and stay there as a visitor while the application is being processed? Or would that cause problems with the pending application? I already had my biometric appointment last month. I’d like to add that my job enables me to work remotely from anywhere and I have a stable income so I don’t believe I have any problems meeting the entry conditions as a visitor.

I’m not sure if fiancé visas are treated the same way as spouse visas, in terms of processing time. The UK government website doesn’t make any distinction between the two. The current processing time for spouse visa applications is 12 weeks. I’m also pretty sure there will be more delays in processing the applications due to Covid.

Thanks,

Welcome. 
Presuming you paid the $2000 to keep your passport or have a second one? Unfortunately you can't travel to the UK while you have an application pending. You could meet in another country although probably not the wisest choice at the moment with the epidemic ramping up again.
Also, you cannot work remotely as a visitor in the UK, it's against the immigration rules. It's important that you are aware of that because a fiancee visa is a type of has some of the conditions of a visitor's visa so you won't be able to work (or use the NHS) until your FLR is granted. Make sure you have private health insurance when you arrive on the fiancee visa.

Thanks for your reply.

Just to clarify the work remotely point. I work for a US company, I get paid in USD and still pay taxes in the US. Nothing to do with the UK labor market. So Can’t I do my job from the UK while on the fiancé or visitor visa?

Same goes for the health insurance, I have my own insurance through my employer, which covers me overseas so I won’t be needing to use the NHS.

If the fiancé visa is a type of visitor visa, is it treated the same way in terms of processing time? Or is it treated as spouse visas?

Thanks,

Thanks for your reply.

Just to clarify the work remotely point. I work for a US company, I get paid in USD and still pay taxes in the US. Nothing to do with the UK labor market. So Can’t I do my job from the UK while on the fiancé or visitor visa?

Same goes for the health insurance, I have my own insurance through my employer, which covers me overseas so I won’t be needing to use the NHS.

If the fiancé visa is a type of visitor visa, is it treated the same way in terms of processing time? Or is it treated as spouse visas?

Thanks,

You cannot work, even remotely while on a fiancee visa or visitors visa. If you turned up at the border and told them your intention, you'd be on the first plane back to the US.

Check your insurance will cover you even though you are not working.

Processing times are the same for fiancee and spouse visas.

Thanks for your reply.

Just to clarify the work remotely point. I work for a US company, I get paid in USD and still pay taxes in the US. Nothing to do with the UK labor market. So Can’t I do my job from the UK while on the fiancé or visitor visa?

Same goes for the health insurance, I have my own insurance through my employer, which covers me overseas so I won’t be needing to use the NHS.

If the fiancé visa is a type of visitor visa, is it treated the same way in terms of processing time? Or is it treated as spouse visas?

Thanks,

Correct. You cannot undertake work for a foreign company while on a visitor or fiancé visa unless it meets specific terms. See permitted activities section of this page:

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-v-visitor-rules

You also would need to become an independent contractor/self employed to be able to file taxes appropriately in the UK. You'll want advice from a dual qualified accountant to ensure you're meeting the requirements.

Thanks for your reply.

Just to clarify the work remotely point. I work for a US company, I get paid in USD and still pay taxes in the US. Nothing to do with the UK labor market. So Can’t I do my job from the UK while on the fiancé or visitor visa?

No, unfortunately not. That would count as illegal working.

You cannot do any of the following on a visitor or fiancé visa:
- paid or unpaid work
- remote work for a foreign company
- volunteer work

Same goes for the health insurance, I have my own insurance through my employer, which covers me overseas so I won’t be needing to use the NHS.

As long as your insurance covers you for UK treatment that’s okay.

If you need medical care:
- With insurance, you pay 100% of the treatment cost
- without insurance, you pay 150% of the treatment cost

If the fiancé visa is a type of visitor visa, is it treated the same way in terms of processing time? Or is it treated as spouse visas?

Thanks,

A fiancé visa is not a visitor visa, it just has the same work and NHS restrictions as a visitor visa because it is only valid for 6 months.

A fiancé visa is a ‘settlement visa’ and has exactly the same processing time as a spousal visa... they do not distinguish between them.


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Thanks for your reply.

Just to clarify the work remotely point. I work for a US company, I get paid in USD and still pay taxes in the US. Nothing to do with the UK labor market. So Can’t I do my job from the UK while on the fiancé or visitor visa?

No, unfortunately not. That would count as illegal working.

You cannot do any of the following on a visitor or fiancé visa:
- paid or unpaid work
- remote work for a foreign company
- volunteer work

Same goes for the health insurance, I have my own insurance through my employer, which covers me overseas so I won’t be needing to use the NHS.

As long as your insurance covers you for UK treatment that’s okay.

If you need medical care:
- With insurance, you pay 100% of the treatment cost
- without insurance, you pay 150% of the treatment cost

If the fiancé visa is a type of visitor visa, is it treated the same way in terms of processing time? Or is it treated as spouse visas?

Thanks,

A fiancé visa is not a visitor visa, it just has the same work and NHS restrictions as a visitor visa because it is only valid for 6 months.

A fiancé visa is a ‘settlement visa’ and has exactly the same processing time as a spousal visa... they do not distinguish between them.


Sent from my iPhone using Tapatalk

Thank you all for your valuable input.

Now I know more about the fiancé visa, I feel it was a mistake going down that route. It’s the worst of both worlds. Pretty much same headache of a spouse visa and yet you still get treated as a tourist.

Anyway thanks again for your replies, much appreciated

Now I know more about the fiancé visa, I feel it was a mistake going down that route. It’s the worst of both worlds. Pretty much same headache of a spouse visa and yet you still get treated as a tourist.

A tourist would have to leave the UK. The fiance visa is for those who want to marry in the UK to give them time to arrange their wedding, marry and remain in the UK after they are married. Once married, these people are allowed to apply for the FLR(M) visa from within the UK, before their fiance visa expires.

The FLR(M) is for 30 months and once granted, allows the person to work and use the NHS bill free as a British citizen can (except for IVF) as you would have paid the Immigration Health Charge for 30 months with that visa.

A fiancé visa is not a visitor visa, it just has the same work and NHS restrictions as a visitor visa because it is only valid for 6 months.

A fiancé visa is a ‘settlement visa’ and has exactly the same processing time as a spousal visa... they do not distinguish between them.

Of course, I've edited my post. 

Thank you all for your valuable input.

Now I know more about the fiancé visa, I feel it was a mistake going down that route. It’s the worst of both worlds. Pretty much same headache of a spouse visa and yet you still get treated as a tourist.

Anyway thanks again for your replies, much appreciated

Pre covid  we would always try to encourage everyone to marry in the US and apply directly for the spouse visa as there are so many advantages to doing it that way. Now though, the logistics are different and options are limited.