American marrying a Brit - Visa questions

Hi everyone,

Firstly, sorry if this topic is already answered elsewhere.

I'm British and my fiancee is American. We both currently live in the UK. She has been here since August 2005, and has a visa and work permit that expire in August 2009.

We are marrying in April 2009 in the UK, and will continue to live in the UK after the wedding.

We have a number of questions that hopefully someone can help us with: Firstly, will she need to use FLR(M) to extend her leave to remain? If so, when can this application be made - immediately after the wedding or right before her current visa expires? We plan to honeymoon abroad in June 2009 so need to know everything is ok for then. Will she need to get a new US passport in her married name before she can get a new visa?

I'm sure there will be plenty more questions, but for now, all help greatly appreciated!

Thanks...

Hi & welcome to UK-Y!

you/your fianance/wife have two options:

1- Apply for spousal visa right after getting married.  Yes, this is done via FLR(M).  The advantage of this is that she will be eligable for ILR a few months earlier- April 2011 vs August 2011.  Another advantage is that your wife will not be tied to her work, and can move jobs if she wants.

2- Apply for spousal visa a few weeks before WP(FLR) is up.  The main advantage of this is that it delays having to shell out more money!  Although, since visa fees go up and up and up and up, personally, I'd prefer to apply as soon as possible.  You could go on your honeymoon in June 09, and she is free to re-enter the UK on her still-valid work permit.  No problems with that. 

As for the passport- your wife can apply for her visa with her maiden name passport. The only drawback is that the visa will be issued in her maiden name (visa name matches passport name).  There's no requirement to apply with married name passport (think of all the people who don't change their name)

Also, as you're getting married in the UK, your wife will need to apply for COA before you two can get hitched.

I'm sure I've forgotten a point or two but those are the basics.

Meggles, I think your maths is off.

If she entered as a work permit holder in August 2005 then she is eligible for ILR in April 2010.  if she switches to spouse in April 2009 then she isn't eligible for ILR until April 2011. So, unless she dislikes her job or has probs getting the work permit extended, she is best to stay on the work permit.

Vicky

Thanks for the answers.

Either way, by August 2009 she will have to apply for FLR, either on a work permit or as a spouse - prices appear to be fairly similar on these two.

That's answered another question though - she will be free to move jobs if she's on a spouse visa without needing a work permit.

On the subject of COA, according to various government websites, Church of England weddings are exempt from the certificate (at the moment). Is this as simple as it sounds? or might it lead to complications with the FLR(M) application?

According to our vicar, we can apply for a licence in lieu of banns (for which we would need a COA).  Although this would incur a fee, it may be a less complicated way to go?

vicky- thanks for correcting my maths!

No worries Megs...the switch from 4 to 5 years made me check my figures about a dozen times!!!

Ade - the cost of extensing a WP is £190 + £350.  The cost of switching to spouse is £395.  It may depend on whether the employer will pay for the permit extension.

If your vicar is happy to marry you then a COA may not be needed, but it's not a difficult procedure anyway.

Vicky