New member needs FLR/LLR advice!

Hi all, I'm a new member who would greatly appreciate a little advice regarding our future plans.

I'm a 28 yr old British boy engaged to a 24 yr old American girl.  We're planning to marry in the US in May with the intention of living in London shortly after.  I'm employed, neither of us have children, previous marriages etc.  Because of the expensive rent prices (and to reduce stress), my fiance wants to find work (she's a veterinary technician) before she moves over.  So, here's the plan!

(1) get married at a civil ceremony in New York
(2) apply for spousal visa when I return to the UK, fiance staying in the US for the short term
(3) she applies for jobs, visits to attend interviews, gets job (fingers crossed)
(4) find somewhere to live
(5) have a slightly more romantic ceremony with family
(6) live happily ever etc. etc. (fingers still crossed)

So, is there any reason why the spousal visa can't be issued while she's still residing in the states?  Also, regarding accommodation, I will be staying in a shared house until she's found work.  Must I have non-shared accommodation at the time the visa application is made?  At a push I could afford to to this, but it would be tight.  My income is fairly reasonable (I'm an electronic engineer), but renting in the capital is so expensive...  Is there anything I've failed to consider ?

Another complication is that we plan on moving back to the states within two years cos she needs to go to vet school.  Now, what implication does this have on the granting of indefinite leave to remain?  If we eventually return do we have to start from scratch?  And can we apply for the US marriage visa while we're both living in the UK?  I doubt we'll be in the position were I can afford to sit about in the US whilst not working...

I'd greatly appreciate any comments and advice, there are just so many options that it's hard to know where we stand.  It'll be great to have a concrete-ish plan so we can concentrate on the romance and not worry too much about visas.

Many thanks,
Mr Tim

Hi

There is no point in her applying for a spousal visa until she actually wants to move over, and once it is granted she has to use it within 3 months anyway, so it may be a better idea to wait until she has the job and you have found somewhere to live before making the application.  She would need to give an address for the application anyway, but this can be in shared accommodation - as long as it is not crowded and you have a room to yourself.

The spousal visa would be applied for at the British Embassy in the US anyway, so this is no problem.

Once she has been in the UK for 2 years she can apply for ILR, although you would have to intend to remain in the UK at that point.  Once you leave the UK for 2 years she will lose her ILR, and if you ever want to live in the UK she would need to make a new application.

Victoria

Hi victoria.

I suppose our logic regarding the immdiate spousal visa application was that it would make it easier for her to obtain work with the visa in hand... so does the US embassy supply the visa on the same day if an appointment is made?  And does it cost more than doing it through the post? 

Regarding the accomodation situation, the VAF2 application form states I must prove "you have suitable accomodation, which is owned or lived in only by you and your household, and where we can live without help from public funds."  That sounds ambiguous to me, I was wondering if anyone has ever had an application denied on the grounds of living in shared accomodation.

Regarding moving to the US, her course lasts three to four years, by which time I think indefinate leave to remain is granted by default isn't it?

Thanks a lot,
Tim

Hi

The rules (if you read deep into the recesses of the Immigration Directorate Insturctions) simply state that accommodation must be solely occupied by you, but this actually just means that the room must be solely occupied by you, not the whole house.  The house needs to have enough rooms so that it is not overcrowded according to the Housing Act 1985.  They cannot refuse the visa because you will be living in shared accomodation.

Once she has been in the UK for 2 years as your spouse she can apply for ILR, but as i said, there should be an intention to remain, and it will be lost if she is out of the UK for 2 years.

Victoria

Hello,

I am an American expat married to an Englishman. We married in the States and went to New York for a mini honeymoon/mission to obtain the spousal visa. I saw you mention you were going to marry in New York. If you're going to be in New York City, you might find it convenient to make an appointment to visit the embassy to get your fiance's visa on the same day.

Also, if you're unable to make an appointment, there are several services that will collect all of the paperwork necessary from you and present it to the embassy on your behalf. This is route we took. Basically, we gathered everything needed (both passports, birth certificates, marriage license, bank statements, proof of mortgage in UK etc) and gave it to the rep who collected it all from our hotel room (handy service) and presented the documents to the embassy on our behalf. We spent the day shopping and eating out in nice restaurants. At the end of the day, we popped into the office and the documents and visa were waiting for us.

You can find a list of these companies on the embassy website. I can't remember exactly how much this service costs. I think it might have been around $70.

You can also go through this process by post. If I remember correctly, we were put off this idea because we would have had to post our passports to them. The process takes several days by post and we personally weren't comfortable with that option.

I didn't attempt to find work in the UK until I got here. But i must say, it didn't take long. One positive about being an American living in England, you stand out. When someone has a stack of CVs in front of them, they're likely to remember the American in the group.

I hope this helps in some way. I wish you the best of luck, whatever you decide.

Amy

Hi Amy,

Thanks for your comments, it's certainly reassuring about the work thing, something my fiance is nervous about.  It's going to be tough having to live apart after we're technically married, but there's a lot to be done in that time, and we're both tied to housing contracts until June.   We're planning to do the marriage thing in April, and apply for the visa in May.  We're not sure if we're travelling in May, so we may apply by post to save money.

Anyway, it's nice to finally have a plan of sorts hammered out... there are so many restrictions and factors to take into account, I think we'd have been screwed if it wasn't for the internet!

Thanks a lot,
Tim