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Topic: New to UK and new to UKY  (Read 2617 times)

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New to UK and new to UKY
« on: August 25, 2008, 11:40:37 AM »
Hi all,
I have newly arrived from the US on a fiance visa.  This is only day 5.  I am sooooo glad to have found this site so quickly.  I am sure it will be invaluable.  I have already found loads of useful info. 
I wish I had found it prior to my visa application.  It was so difficult to find anyone to ask questions of and it seemed every place I found online with answers differed from the previous site.  Contacting the consulate was impossible and I finally found a courier to help with the application process and managed to get the required visa.
I hear that things have just recently changed and I am still trying to organise what steps to take next. 
I was actually told at the time of visa issue that as soon as I get married, I should apply for my ILR.  I was also told that all I needed to do is to show that I can support myself. (My new husband is on public funds).  They said that my ILR is pretty much guarenteed as long as I can show that I have enough funds to sustain myself.  I do work from the US and get paid in US banks and so am not limited from working. 
After reading some of the posts here, I am really doubting the info that I have received.
I will make this site part of my daily reading. 
Thanks to all,
Lisa
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: New to UK and new to UKY
« Reply #1 on: August 25, 2008, 11:46:54 AM »
welcome to UK-Y. :)

You need to apply for FLR(M) after you're married, not ILR (which you get only after you've been married and living together for 2 years).  Also, do remember that as long as you're on a fiance visa you can't work at all, even if the job is still based in the US.
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: New to UK and new to UKY
« Reply #2 on: August 25, 2008, 11:53:18 AM »
Hi Lisa, and welcome to UKY!

Just a couple of comments - you say you're on a fiancee visa, but you also refer to your partner as your "new husband" - are you actually on a spousal visa, or have you not yet gotten married?  If it's the former, you don't need to (and indeed cannot) apply for ILR until you're within 28 days of the expiry date of your current visa.  If it's the latter, you will need to apply for FLR (a two-year probationary visa) rather than ILR, once you've married.  Also, if you're here on a fiancee visa, you're prohibited from working whatsoever - even if it's for a US company, being paid into a US bank.  Once you've secured your FLR, then you're good to go.

The process of applying for FLR is very similar to that of applying for the fiancee visa, as far as what documentation is required - financial statements, letters of support, evidence of accommodation, etc - with the added inclusion of your marriage certificate.  Hang onto all the stuff you supplied for your fiancee visa application and use it to prepare your FLR application (with updated statements, of course). 

Feel free to ask questions - most of us here have been through at least one type of visa application  scenario, and many of us, more than one! - and have a look through the threads in the Visas and Citizenship section of the forum.  We're here to help! :)

x-posted with springhaze


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Re: New to UK and new to UKY
« Reply #3 on: August 25, 2008, 11:59:35 AM »
Welcome, Lisa!  ;D
My Project 365 photo blog: Snaps!


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Re: New to UK and new to UKY
« Reply #4 on: August 25, 2008, 12:16:40 PM »
I am not quite sure what the acronyns mean.  ILF and FLR.  I am indeed a fiance and not yet married but will be so next month. 
As far as work goes, I have been questioned in depth from the British consulate about my work activities.  My work has been approved.  I do online work and can do it from anywhere I have my computer.  I do video editing for several US videographers and I had to prove to the consulate (with letters from these US people) that they would continue to supply me with material to support myself.  I CAN NOT work for anyone in the UK but CAN do as much work as I want from the US.  In fact, my visa was granted based on this info. Being able to support myself was a huge part of the process for me because of the public funds issue of my fiance.

Thanks for the welcomes! 
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: New to UK and new to UKY
« Reply #5 on: August 25, 2008, 12:34:21 PM »
ILR = Indefinite Leave to Remain, aka permanent residence (similar to a US green card).
FLR = Further Leave to Remain, aka a two-year spousal visa during which time you collect proof of an a on-going, co-habiting relationship with your spouse to use as evidence when applying for ILR.

As for your work situation - obviously I am not privy to the intimate details of your visa application, but I do know that many of us here who have moved over on fiancee visas (myself included) have been told in no uncertain terms that work in any form (US or UK, paid or unpaid) is illegal.  I have never heard of a fiancee visa being approved on the grounds you've given - spousal visas, yes, but not fiancees.  In my experience, the Home Office expects someone in your situation, who must work in order to support themselves rather than relying on financial support from the UK sponsor, to marry outside the UK, or on a visit-for-marriage visa, and apply for the spousal visa before taking up residence in the UK. 

Again, I don't wish to challenge your account of your situation, as I don't have all the details, but your scenario is extremely unusual and I strongly suggest that, now that you're here in the UK, you speak to the Home Office again about your work.  It's sadly quite common for the consulates to give VERY wrong advice, and I'd hate for any future visa applications of yours to be compromised by bad advice.
« Last Edit: August 25, 2008, 12:36:34 PM by Meg »


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Re: New to UK and new to UKY
« Reply #6 on: August 25, 2008, 12:35:03 PM »
I am not quite sure what the acronyns mean.  ILF and FLR.  I am indeed a fiance and not yet married but will be so next month.   

FLR is Further Leave to Remain and ILR is Indefinite Leave to Remain.

So, once you are married, you apply to stay in the country for a further 2 years (the FLR/Spousal visa). This is kind of like a probationary period before you are allowed to stay in the country indefinitely (sort of like the qualifying period before a non-US citizen can apply for a US Green Card). For US citizens married to UK citizens, this FLR visa period is 2 years. For people on work permits, it is usually 5 years before they are eligible for ILR.

Once you have been in the UK for 2 years on the FLR visa, you can take the Life in the UK test and apply for ILR (Indefinite Leave to Remain), which is basically a permanent residence visa. Once you have been in the UK for 3 years (i.e. 2 years on FLR followed by 1 year on ILR if you are married to a UK citizen), you can apply for UK citizenship and get a UK passport.

P.S. I hope I got all that right - everyone else, please correct me if I got anything wrong :).

ETA: x-posted with Meg


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Re: New to UK and new to UKY
« Reply #7 on: August 25, 2008, 12:53:00 PM »
or on a visit-for-marriage visa, and apply for the spousal visa before taking up residence in the UK. 

Actually, this IS the type of visa I have.  Visit for Marriage.  I have been given six months to get married. I just need to know what steps come after my marriage.  Initially I was told I had to leave the country to apply for a spousal visa.  But then was told that due to recent changes, that was no longer necessary
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: New to UK and new to UKY
« Reply #8 on: August 25, 2008, 12:54:57 PM »
Actually, this IS the type of visa I have.  Visit for Marriage.  I have been given six months to get married. I just need to know what steps come after my marriage.  Initially I was told I had to leave the country to apply for a spousal visa.  But then was told that due to recent changes, that was no longer necessary

A visit for marriage visa and a fiance visa are two *very* different things.  How much money did you pay for your visa?  If it was $1000 or so, you have a fiance visa.  If it was significantly less than that, you have a visit for marriage visa, which changes the situation quite a bit (you would definitely need to return to the US to get a spousal visa in that case.)
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: New to UK and new to UKY
« Reply #9 on: August 25, 2008, 12:59:58 PM »
Actually, this IS the type of visa I have.  Visit for Marriage.  I have been given six months to get married. I just need to know what steps come after my marriage.  Initially I was told I had to leave the country to apply for a spousal visa.  But then was told that due to recent changes, that was no longer necessary

As far as I know, the visit for marriage visa is intended for people who wish to get married in the UK and then return to live in their home countries (i.e. a US couple could apply for a visit for marriage visa, get married in the UK and then return to live in their US home). If you wish to live in the UK after you are married, I believe you must leave the UK and return to the US in order to apply for a spousal visa - since if I understand it correctly, the Spousal visa application must be submitted from within the US unless you are on an official UK fiance visa (which, as springhaze just mentioned would have cost you over $1000. In contrast, a visit for marriage visa costs only about $130).


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Re: New to UK and new to UKY
« Reply #10 on: August 25, 2008, 01:19:51 PM »
When I filled out the online application, I filled out a spousal visa.  I paid $1080.  When I went to file the paperwork, I met with the courier who looks it all over and actually takes it to the consulate herself.  She told me I had filled out the wrong form.  She said the correct one would have been the Visit for Marriage Visa.  She then wrote across the top of my spousal application "FIANCE".  She wasn't sure if they would accept the form I had filled out and told me I may have to file another one and pay another $1080. She took the form to the embassy to see if it would be accepted.  I had three phone calls from them to clarify some info and then the last call came through saying they had granted my request.  So I guess I'm not really sure what the heck I have.  My visa says for type-MARRIAGE. 
I do know that I had to show bank deposits and invoices for the work that I do and they wanted to make sure that this work would continue.  In fact they asked me point blank how much money did I anticipate making each month.  I was told that as long as the work and the pay are from outside the country, there is no limit on how much I can do.  I will certainly call the HO to confirm this. 
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: New to UK and new to UKY
« Reply #11 on: August 25, 2008, 01:31:30 PM »
How utterly confusing!  :o

Do let us know what you find out from the Home Office - your situation could set a precedent for entirely new criteria and guidance when it comes to fiancee visa applications.


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Re: New to UK and new to UKY
« Reply #12 on: August 25, 2008, 01:35:42 PM »
sounds like you have a fiance visa then. In which case my original post in this thread still stands, you need to apply for FLR(M) after marriage (you can apply from within the UK).  I have to say, though, like Meg I am utterly amazed they approved your application on the basis you'd be working while on the fiance visa.
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: New to UK and new to UKY
« Reply #13 on: August 25, 2008, 01:48:56 PM »
Basically, I sit at home, receive a hard drive in the mail, edit the material, upload it, mail the drive back and get paid through paypal. Every bit of it is done through the US. 
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: New to UK and new to UKY
« Reply #14 on: August 25, 2008, 02:01:29 PM »
Visit for marriage visa - Travel to the UK for your wedding ceremony. Return to the US. Remain in the US.  Get a different visa later on if you ever decide to move to the UK permanently.

Fiance visa - Move to the UK. Have your wedding in the UK. Remain in the UK.

Spousal visa - Get married in the US. Move to the UK. Remain in the UK.

I came in on a fiance visa, and the stamp says "Marriage".

In the past, we have all been told that the work you are describing is illegal unless your visa specifically gives you permission to work in the UK. A fiance visa and a visitor visa do not.

I am also amazed that they approved your application even though you openly admitted you would be working. This would make a huge difference to people who are now struggling to prove they have enough money to support themselves while on a fiance visa without being able to work.

« Last Edit: August 25, 2008, 04:20:30 PM by Stacey »


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