Hello
Guest

Sponsored Links


Topic: Visa by work permit or by marriage - which is easier?  (Read 1466 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 126

  • Liked: 0
  • Joined: Mar 2004
  • Location: Hertfordshire
Visa by work permit or by marriage - which is easier?
« on: October 18, 2005, 04:21:47 PM »
I moved here on a work permit in May 2003.   I was earning a USA salary with a UK per diem and housing allowance in UK. 

Just before it went to the 2 year mark, they made me a permanent UK employee and I got a NI number and started paying tax and all that fun stuff.

I met the man I am marrying after I was here for almost a year.  We are getting married in May next year in the Carribbean!  We plan to live here in the UK.

My question is - should I apply for Indefinite leave to remain based on the marriage or on the work permit?  The work permit is three years old at the time of the marriage.

Is it a hard process?  How much does it cost?


  • *
  • Banned
  • Posts: 14601

  • Liked: 4
  • Joined: Sep 2005
Re: Visa by work permit or by marriage - which is easier?
« Reply #1 on: October 18, 2005, 04:43:08 PM »
Congratulations!

You will be able to get ILR based on the work permit in May 2007.  When you marry and switch status, you will be able to get ILR in 2008, so obviously in terms of time you qualify sooner if you stay on the work permit.

There are pros and cons to each option.  If you stay on the work permit and get made redundant or want to change jobs, you will need a new work permit or to then change to the spousal visa.  You also couldn't set up a business if that is what you wanted to do. On a spousal visa, for the first two years you are tied to your spouse, and (God forbid) if anything goes wrong in the relationship, you will have to find a new category.

I would advise that you stay on the work permit.  The cost for ILR on either category is the same, and they are both pretty much the same process.

Victoria


  • *
  • *
  • Posts: 3229

  • Liked: 0
  • Joined: Apr 2005
  • Location: Oundle, Peterborough, UK
Re: Visa by work permit or by marriage - which is easier?
« Reply #2 on: October 18, 2005, 04:44:16 PM »
i'm in pretty much the same boat.  i've decided to continue along with the work permit scheme becuase it will get me to the ILR stamp closer and it will save me money....

If you continued on the work permit track here's your timeline (as i see it)
May 2003- You entered UK on work permit
May 2005- Work permit extended by 3 additional years
May 2007- Apply for ILR based on 4 years in continual, lawful employment
May 2008- Eligable for Citizenship

If you switch over to marriage/dependent visa here's your timeline (as i see it)
May 2003- You entered UK on work permit
May 2005- Work permit extended by 3 additional years
May 2006- Marry UK man
May 2006- Apply for Further Leave to Remain- valid for 2 years
May 2008- Apply for ILR based on 2 years of continual marriage
May 2009- Eligable for Citizenship

I'd stay with the Work permit route because:
1) You get to ILR quicker- hence you can change jobs, claim benefits (if required), forget about Home Office paperwork for awhile.
2) You save money.  Work permit you will need to pay £335 (i think this is the postal price) or £500 (walk in price) for the ILR.  With the Marriage route you'll need to pay this twice, once for the FLR, then again for the ILR.

If I got these dates wrong- please correct-
If you harbour bitterness, happiness will dock elsewhere.


Re: Visa by work permit or by marriage - which is easier?
« Reply #3 on: October 18, 2005, 05:09:46 PM »
May 2008- Apply for ILR based on 2 years of continual marriage
May 2009- Eligable for Citizenship


It's not accurate.  She's eligible for citizenship the day after receiving ILR and showing her marriage certificate.   

Adding:  the optimal choice is ILR via work permit, naturalization via marriage...
« Last Edit: October 18, 2005, 06:44:00 PM by garry »


  • *
  • *
  • Posts: 3229

  • Liked: 0
  • Joined: Apr 2005
  • Location: Oundle, Peterborough, UK
Re: Visa by work permit or by marriage - which is easier?
« Reply #4 on: October 19, 2005, 08:38:02 AM »
garry- thanks for once again correcting me.

question to your clarification- why is ILR via work permit optimal but then naturalization via marriage optimal?  is it easier to get naturalization when married?
If you harbour bitterness, happiness will dock elsewhere.


  • *
  • *
  • Posts: 5875

  • You'll Never Walk Alone
  • Liked: 8
  • Joined: Apr 2002
  • Location: Rochester, Kent
Re: Visa by work permit or by marriage - which is easier?
« Reply #5 on: October 19, 2005, 09:10:29 AM »
You're closer to ILR via your work permit.  But if you decide to get citizenship via that route as well, you have to have your ILR for 1 year.

If you decide to get citizenship via marriage, you simply have to have ILR - no time requirements on having it.  Like Garry said, you can apply the day after getting it (as long as you have the 3 years residency).
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


  • *
  • *
  • Posts: 3229

  • Liked: 0
  • Joined: Apr 2005
  • Location: Oundle, Peterborough, UK
Re: Visa by work permit or by marriage - which is easier?
« Reply #6 on: October 19, 2005, 10:09:56 AM »
So as I understand it the timeline would be as follows>>>

If you continued on the work permit track here's your timeline (as i see it)
May 2003- You entered UK on work permit
May 2005- Work permit extended by 3 additional years
May 2007- Apply for ILR based on 4 years in continual, lawful employment
May 2008- Eligable for Citizenship

If you switch over to marriage/dependent visa here's your timeline (as i see it)
May 2003- You entered UK on work permit
May 2005- Work permit extended by 3 additional years
May 2006- Marry UK man
May 2006- Apply for Further Leave to Remain- valid for 2 years
May 2008- Apply for ILR based on 2 years of continual marriage
May 2008 +1 day- Eligable for Citizenship (if residing in the country for a miniumn of 3 years?)
If you harbour bitterness, happiness will dock elsewhere.


Re: Visa by work permit or by marriage - which is easier?
« Reply #7 on: October 19, 2005, 12:13:50 PM »
If you continued on the work permit track here's your timeline (as i see it)
May 2003- You entered UK on work permit
May 2005- Work permit extended by 3 additional years
May 2006 - Get married  on a COA
May 2007- Apply for ILR based on 4 years in continual, lawful employment
Jun 2007 - Get ILR, apply for citizenship
Oct 2007 - Get citizenship, apply for passport
Nov 2007 - Get passport

Processing times are indicative estimates...



  • *
  • Posts: 126

  • Liked: 0
  • Joined: Mar 2004
  • Location: Hertfordshire
Re: Visa by work permit or by marriage - which is easier?
« Reply #8 on: October 19, 2005, 12:59:22 PM »
Thanks everyone!!  Couple questions...

I entered on a work permit in May 2003 but I didnt begin paying UK taxes (was still paid by USA and only received non tax per diem in the UK) until April 2005 when my work made me a permanent transfer to the UK office (we have an office in Boston where I worked for three years prior and they transfered my position to the UK but its still all the same company...

Also, they extended my work permit by ten years.

Do either of these points effect me?

What is COA?

If I become a UK citizen and we decide we want to move to the USA will there be problems?  How can I keep my USA citizenship? 




  • *
  • *
  • *
  • Posts: 3890

  • Married! 4-7-4 (4th of April, 2007)
  • Liked: 1
  • Joined: Mar 2004
  • Location: London
Re: Visa by work permit or by marriage - which is easier?
« Reply #9 on: October 19, 2005, 01:45:50 PM »
Thanks everyone!!  Couple questions...

I entered on a work permit in May 2003 but I didnt begin paying UK taxes (was still paid by USA and only received non tax per diem in the UK) until April 2005 when my work made me a permanent transfer to the UK office (we have an office in Boston where I worked for three years prior and they transfered my position to the UK but its still all the same company...

Also, they extended my work permit by ten years.

If I become a UK citizen and we decide we want to move to the USA will there be problems?  How can I keep my USA citizenship? 

Everyone who I work with who came from the US works for two years without paying taxes (though after that we do) to the UK in some scheme or another...the school ends up paying the back taxes that we seem to 'owe'...but even with this & getting a 7 year extension, people are able to get their permanent visa after the 4 years.  So I can't imagine it would affect you.

By getting UK citizenship it doesn't mean you give up your US...so that wouldn't be a problem...you'd have to formally denounce your citizenship to get rid of it.  Just remember that you have to keep paying US taxes!


  • *
  • *
  • Posts: 3229

  • Liked: 0
  • Joined: Apr 2005
  • Location: Oundle, Peterborough, UK
Re: Visa by work permit or by marriage - which is easier?
« Reply #10 on: October 19, 2005, 03:25:00 PM »
it's my understanding that if a US citizen (in UK on work permit) and UK Citizen get married elsewhere (in this case- Caribbean) a COA (certificate of approval) is not needed.
If you harbour bitterness, happiness will dock elsewhere.


  • *
  • Posts: 55

  • From Houston to Oxon 12/02
    • Lord Celery
  • Liked: 1
  • Joined: Jul 2002
  • Location: Oxfordshire
Re: Visa by work permit or by marriage - which is easier?
« Reply #11 on: November 03, 2005, 11:21:43 AM »
Everybody,

I'll throw in my 2 cents' worth here.

I'm a US citizen who entered the UK in December 2002 on a 5-year work permit.  I'm still in the same job here and plan to be through the time period of the work permit.  I'm a bog-standard UK employee -- have my National Insurance number, pay UK taxes, etc. etc. 

My finance is a UK citizen. 

We have decided (after some good advice from an immigration attorney in Oxford) to go back to the US to get married in early-January.  It'll just be easier -- especially since we're marrying in New Mexico, where we will literally get our marriage license at the courthouse just before the judge marries us.  John will enter the US just as a normal tourist, and I'm just "going home for a visit".  When we return to the UK, John comes in normally;  I'll come in under my Work Permit BUT have been advised that it wouldn't be a bad idea to tell Immigration that I married a UK citizen while in the US. 

Once back in the UK in mid-January, I'll just continue to live & work here on my Work Permit until I'm eligible to file for ILR after I've been here 4 years.  Then I'll likely apply for British citizenship after another year -- assuming that we'll probably live in the UK from that point on.

IF we ever decide to live in the US, eventually, then we'll just do whatever we need to do to get John into the US legally.

It seems a bit easier to do it this way, and I continue to independently maintain my ability to stay in the UK after we marry.  (It's not that I think something might happen to our relationship during the first 2 years of marriage -- but my attorney has had a client whose UK husband died during the first few months of their marriage, compromising her ability to stay in Britain.) Also, the Home Office stays out of our business for the time being.

Janet

(lordcelery.blogspot.com)


  • *
  • Banned
  • Posts: 14601

  • Liked: 4
  • Joined: Sep 2005
Re: Visa by work permit or by marriage - which is easier?
« Reply #12 on: November 03, 2005, 03:02:22 PM »
That is certainly one way of doing it.

Incidentally, there is provision in the rules for those whose spouses die whilst they are on their 'probation' period.


Victoria


Sponsored Links





 

coloured_drab