Best way to enter UK with Fiance visa or 6 mo. visitor?

I have been dating my boyfriend a UK resident since February; I am a US citizen. I am moving there in August permanently and planned on entering the country as a visitor (for up to six mos.). I do not have a visa, will they give me trouble for such a long visit? I have visited once before and planned on telling them I have returned for an extended visit this time for up to six months to see my boyfriend again. I will have a sizable chunk of money from the sale of my house, car, etc. Do I need to prove this to them, that I have income for supporting myself, that I will be staying with him at his house, etc? I planned on searching for work once I arrived (is this okay so long as I don't tell them I am doing this) and then leaving to return to the US while my work visa is being processed (does anyone know how long I have to leave for?); I am sincerely hoping I can find someone to hire me even if it means I pay for the visa/fees/etc. I am a graphic designer. I am not quite ready to marry him though we love eachother dearly. Is there a way to avoid leaving the country after I arrive and am offered a position? Also if/when I am able to get a work visa how do I file to get married? Is it complicated? Would it be best to come in under the fiance visa and marry within six months, can you get an extension and postpone marriage?  Any help would be great as I am leaving Aug 18 and worry that the visitor approach may not be the best option.

rachelinboise@aol.com 

lots of red flags here.  First, once immigration sees you are staying for six months, they *will* ask you about it and probably question you quite a lot.  Going over to see a boyfriend will raise their suspicions, and if they find out you've sold your house and your car, they will start to think that you intend to settle in the UK, which is not the goal of a visitor's visa.  They'll probably ask to see ties to the States to prove that you intend to return- and if you don't have a job or a house to go back to they will give you a lot of hassle.  From the horror stories I've read here I'd say it's definitely within the realm of possibilty that they will not let you in the country as a visitor and put you on the next flight back to the US because they won't be convinced that you will leave the country after your 6 months are up.

About the work thing...it's not exactly as simple as finding a job and getting a work permit, I'm afraid.  You have to either be working in a shortage field (graphic design isn't one of them) or your employer has to prove they advertised the job within the UK and the EU and you're more qualified than any other UK/EU applicants for the position.  Have you looked into the Highly Skilled Migrants Program?  It's possible you may qualify for that.

It sounds like you want to enter the UK in August, look for work, and leave the UK while your work permit is processed.  If that's the case, your plans won't work.

If you want to settle permanently, you'll need to enter on a settlement visa, not as a tourist.  Additionally, as a tourist, you cannot seek work (or volunteer). 

If you're planning on marrying eventually, the fiancee' visa sounds like the most reasonable option, though you can't work until you're married and receive your FLR.

I really hope that you haven't already booked your tickets, and I really hope that you don't intend to bring your worldly good with you...

If you intend to settle, you can't do this as a visitor, and if immigration suspect that you are coming to settle you will be refused entry at the airport.

If you intend to marry within six months, then get a fiancee visa. These can seldom be extended.

You are able to look for work as a visitor, but again, if you declare this to the immigration officer, you will probably be refused entry.

If you get a job offer when in the UK, you will have to go home before the application for a work permit is made - there is no getting around that.

If you are on a work permit and want to marry, you need to apply for a certificate of approval, but this is unlikely to be a problem.

Anything I've missed?

Vicky

I did look into the HSMP and don't qualify unfortunately. Would the fiance visa be the best thing to do then and if so are you very familiar with it? My boyfriend and I talked about this option as well. I appreciate your input!

 

Would the fiance visa be the best thing to do then and if so are you very familiar with it?

Yes, but you will need to marry w/i 6 months of entering on it and you cannot work on it. 

If you're going to go for a fiancee' visa, you need to get going on it now as there's paperwork that'll need to be compiled and you'll need some documents from your boyfriend/fiance. 

Thanks to all...and more questions...

Regarding:

<<If you get a job offer when in the UK, you will have to go home before the application for a work permit is made - there is no getting around that>>.

I was prepared for that stated above, does the same apply if you come in on the fiance visa? Would I have to return to the US and re-enter as a spouse and if so for how long would I have to leave?  I was hoping I would have success in finding a job while there visiting without disclosing this to immigration of course, but I am not at all confident that I will find something easily, though I have made some contacts with headhunters. My brother is an attorney in the US and suggested I come in as a visitor and seek work covertly.

I am not familiar with the settlement visa or the time involved. I will research this. I just want to find the most prudent method which allows me to leave by Aug 18th. If I get started in a week once my boyfriend returns from France would that allow enough time for processing a fiance visa?

If you enter as a fiancee', you will switch to a spousal visa (FLR) in-country.  This can be done in one day for £500 or in a few weeks by post for £335.  You'll use pretty much the same documentation required for your fiancee' visa (evidence that you've met, that your fiance can support you financially, that you'll have a place to live, etc.). 

You can apply for a fiancee' visa in person in NYC, LA, or Chicago or you can apply by post (2-4 week turnaround, depending on the consulate).  Do a search on the Visas board for more info on applying.

Your brother is wrong -- lying to immigration is NEVER a good idea.  If they suspect for a second that you're trying to settle and work here without a proper visa, they'll deny you entry, which will just result in your having a harder time obtaining a visa should you decide to do things above board the next time.

You also have the option of marrying in the US (no visa needed for your boyfriend as you won't be living in the US after the wedding)-- once you're married, you can apply for your spousal visa and you'll be able to work as soon as you arrive in the UK.

I just called a number in the UK and they said it is okay to apply for jobs, submit CV, interview, etc. while there.. Just don't make it a point to tell immigration that is your purpose when coming for visit. Then of course leave and re-enter with work visa. My brother didnt advise to LIE, he simply stated what the UK gov office stated, don't advertise you plan on looking for work. Simply seek, find and then return with visa. So that is how I shall proceed. Thanks though. I will not be doing the fiance visa now for sure. The UK gov was very helpful!

>>>>Your brother is wrong -- lying to immigration is NEVER a good idea.  If they suspect for a second that you're trying to settle and work here without a proper visa, they'll deny you entry, which will just result in your having a harder time obtaining a visa should you decide to do things above board the next time.

You also have the option of marrying in the US (no visa needed for your boyfriend as you won't be living in the US after the wedding)-- once you're married, you can apply for your spousal visa and you'll be able to work as soon as you arrive in the UK.

<<<

I'm just going to say....don't be surprised if you can't find anyone who is willing to try and get a work permit for you.  The advertising regulations can be a strong deterrent to many employers.  Good luck though.

You can do whatever you like.  When you enter, just make sure you have evidence of support and accommodation.  If your tickets show you'll be here 6 months, there's pretty much a 99% chance you'll be questioned about it.

Truly though, if you're planning to marry, it would be far easier to either marry in the US and enter as a spouse or apply for a fiancee' visa.

Rachel, I know you PMd me about working as a graphic designer here in the UK. I hate to rain on your parade even more, but prepare yourself for a hard time. The design industry in this country is very insular and very competitive. I can virtually guarantee you that no employer will hire you over the hundreds of qualified British and EU candidates who will apply for their vacancies. Unless you are the next Paul Rand or Paula Scher, they have absolutely no need to attempt to hire an American when it's so much easier to hire an equally qualified British or EU citizen. I know you said you've had some initial good responses, but that is typical British politeness and by no means guarantees any follow-up. And unless you tell them, many design firms may not even be aware of what is required to try to hire you so you could get an offer only to have them back out once they realize what the work permit process is - even if you are willing to pay for it.

Proving they have advertised the position and that no British or EU candidate is qualified is the real sticking point. Everyone thinks they are a designer these days.

Now I'm not saying it's impossible to find a job. And if you are in Birmingham, you've probably got a better chance than I do in the semi-rural south west. Despite my 8 years of experience, I also found that no one was particularly willing to consider me for Art Director roles as they didn't want to risk having a loud obnoxious American in a position of authority. Yes, I was really told that! (OK, not those exact words, but that's exactly what they meant!).

Here's a little example of how tough the design/journalism/media/advertising can be if you aren't already legal to work here. A friend of mine did a semester abroad in Manchester back in the early 1990s. Part of her program was interning with the BBC. They liked her so much, the wanted to hire her for a summer job. But even the BBC couldn't get past all requirements - even for a short term position. And things are much more stringent now than they were in the early 90s.

So your best bet, whether you want to hear this or not, is as Lola said, get married in the US or come over here on a fiancee visa. But I'm not sure  you could get either of those by mid-August.

Good luck!

My brother is an attorney in the US and suggested I come in as a visitor and seek work covertly.

Great legal advice.... not!     

Good luck to you Rachel... hope you can find the best (legal) way to do what you want to do.   

I have been dating my boyfriend a UK resident

Is your boyfriend a UK resident or a UK citizen?